SB 1070 was signed into law in 2010. Those suing to overturn the measure want to see Jan Brewerโs notes on immigration.
An immigration bill authorizing police to check the immigration status of those they encounter passed the Arizona Senate and was signed by Arizona Governor Jan Brewer.
The bill was protested in Arizona and all over the country. There was talk of boycotts of Arizona by tourists and organizations who might hold conventions in the state.
From the Arizona Daily Star, April 20, 2010:
Bill giving cops enforcement of legal status goes to Brewer
Howard Fischer, Capitol Media Services
PHOENIX - The question of whether police will be required to ask people if they are in this country legally is now in the hands of Gov. Jan Brewer.
On a 17-11 margin Monday, the state Senate gave final approval to a package of changes in state law that proponents say will help crack down on illegal immigration. Sen. Russell Pearce, R-Mesa, the architect of the plan, said state action is necessary because of the political failure in Washington to secure the border.
While some changes are minor, like making it a crime to stop in traffic to solicit a day laborer, the heart of the bill is aimed at what Pearce said is "removing the handcuffs" from local police.
SB 1070 would overrule any policy or procedure of a city council or police department that keeps officers from enforcing federal immigration laws. It also says, when practicable, police must inquire about the immigration status of those they encounter as part of their regular activities.
It permits anyone who believes police aren't doing all they should to sue, with judges required to impose fines of up to $5,000 a day if the citizen suit succeeds.
It also lets police arrest illegal immigrants and charge them with the state crime of not carrying their visas or resident-alien documents issued by the U.S. government.
Sen. Linda Lopez, D-Tucson, said the result will be racial profiling.
Pearce disagreed, noting the bill forbids race or ethnicity from being used as the sole factor in stopping and questioning someone.
Thomas Saenz, president and general counsel of the Mexican American Legal Defense and Educational Fund, said that if Brewer signs the bill his organization will sue to stop the law from taking effect. He said the law prohibits race and ethnicity from being a factor at all. That, and the wording of federal statutes specifically reserving all rights to enforce immigration laws to federal officials and those they designate, will be the basis of a federal challenge if Brewer signs the bill
Brewer was noncommittal about the legislation on Monday, other than saying she wants to ensure it does not violate equal rights or promote racial profiling. Brewer has to act before Sunday.
If enacted, the legislation likely would become the toughest state law on the issue of illegal immigration.
