Immigration Enforcement SB 1070 -HB 2162 these bills would make any non-citizen who has entered the United States without permission guilty of failing to “carry their papers.” They also require immigration status verification upon reasonable suspicion, allow arrest without a warrant for any offense that would require deportation, and contain numerous other provisions that have onerous racial profiling consequences. These bill severely tie the hands of city and county police departments by requiring them to prioritize immigration over their other public safety responsibilities. Rather than going after serious, dangerous felons, local police departments will be forced to arrest people for the civil immigration violation of “illegal presence.”
SB 1070 was signed into law on April 23, 2010. HB 2162, which amended SB 1070 to include a provision allowing local police to ask people about their perceived immigration status while enforcing municipal laws, was signed by the governor on April 30, 2010.
Censoring Ethnic Studies HB 2281 specifically forbids classes that:
- Promote the overthrow of the United States government.
2. Promote resentment toward a race or class of people.
3. Are designed primarily for pupils of a particular ethnic group.
4. Advocate ethnic solidarity instead of the treatment of pupils as individuals
The intent of the bill is to prohibit classes that foster ethnic solidarity, identity or pride; it excludes classes for Native American and African-American students. School districts or charter schools could lose up to 10 percent of their state aid if they’re found to be non-compliant. This law violates the First Amendment rights of students and teachers and limits their right to access information. Dictating politically acceptable course content and banning ideas that one official does not like are antithetical to the mission of educational institutions and sends a message to schools that criticism of government will lead to sanctions
School District Reporting (SB 1097 and HB 2382) these bills would require school districts to gather information on the citizenship status of students, including the number of students who cannot prove lawful status, and report this information to the Department of Education. Any school district that fails to comply may have their state funding withheld. Any policy requiring school districts to ask for this type of information is a violation of right of privacy and is in conflict with an Arizona Attorney General opinion prohibiting the collection of student immigration information. These bills also raises serious constitutional concerns by running counter to Supreme Court precedent that guarantees public education for all young people, regardless of immigration status. Even gathering the information will have the effect of deterring immigrant families from enrolling their children in school, resulting in the loss of sorely needed federal education dollars. Read an ACLU of Arizona press release on this issue at: http://www.acluaz.org/press_releases/04_29_09.html
Felony Charge for Re-entry (SB 1394 & HB 2773) these bills would make it a Class 4 felony if a person who was previously deported re-enters the country unlawfully. In the same way that the other trespassing proposals (SB 1070) are likely preempted by federal law, this attempt to impose penalties and sanctions over and above the federal scheme regulating immigration would likely be found by a court to be preempted by federal law. As the federal district court in a New Hampshire trespassing case found, such attempts to directly regulate immigration by states are prohibited. Under SB 1394, the undocumented immigrant accused of illegal re-entry would be ineligible for bail. Held in committee.
Bilingual Public Accommodations (SB 1183) this bill makes it lawful for a “place of public accommodation” to ignore the federal requirement regarding bilingual services. Under Title VI of the Civil Rights Act of 1964 and federal regulations, any entity that receives federal funds must provide bilingual interpreters to assist “limited English proficiency” persons. This includes all facilities that accept Medicare or Medicaid, social service agencies, hospitals, etc. Places of accommodation bound by Title VI that fail these federal requirements will forfeit their federal funding. The bill creates an exemption allowing state agencies to ignore federal law and could have a disproportionate impact on individuals with “limited English proficiency.” Signed by the Governor on May 3, 2010
Anti-Solicitation Legislation (HB 2042) bill prohibits drivers from stopping on streets or roadways and “hiring” or “picking up passengers” for the purposes of employment. The ACLU has serious First Amendment concerns with this piece of legislation. Solicitation is protected free speech whether by prospective employers or day laborers. Targeting the acts of “hiring” or “picking up passengers” is simply a pretext for targeting solicitation, which is impermissible under the First Amendment, this bill also is unnecessary because there are already laws prohibiting individuals from obstructing car or pedestrian traffic. This is similar to another anti-solicitation bill that failed to generate support during the 2008 session. Passed the House and held in Senate committees. Similar anti-solicitation language incorporated into SB 1070, which was signed into law on April 23, 2010.
Regulations on Labor Protests (SB 1242) this bill would expand the definition of harassment in the context of protests and limits the rights of
labor groups and individuals to engage in activities that are constitutionally-protected. The bill also specifically prohibits labor organizations from engaging in picketing to “coerce or induce an employer or self-employed person to join or contribute to a labor organization.” While it’s absolutely permissible for the state to impose reasonable time, place and manner restrictions on the right to protest, this language seems to ban certain kinds of labor-led protests based on the content of speech, which strikes at the heart of the First Amendment and labor organizing efforts. Currently held in the House. http://acluaz.org/2010ACLULegislativeSummaryFINAL.pdf
States that want to implement Laws similar to SB 1070:
Arkansas, Idaho, Indiana, Maryland, Michigan,
Minnesota, Missouri, Nebraska, Nevada,
New Jersey, Ohio, Oklahoma, Pennsylvania,
Rhode Island, South, Carolina, Texas, Utah
Cities in CA boycotting / passed measures against AZ’s SB 1070:
San Diego, Los Angeles, Santa Ana, Oakland, San Francisco
Travelers are boycotting the state of Arizona and conventions have been cancelled. According to estimates by city officials, $90 million in hotel and convention business over the next five years will be lost…
NOTE: The reservations where Navajo, Hopi, Tohono ‘Odam and other Native American peoples live are sovereign territories, and AZ law DOES NOT apply. If you HAVE to go to AZ, make sure to spend your money ONLY on tribally-owned hotels, restaurants, etc. Not one cent of this will go to the AZ government! For a list of AZ Native American sovereign nations, see: http://www.aaanativ/earts.com/tribes-by-states
HIP-HOP speaks out against SB 1070 including: DJ John Blaze, Tajji Sharp, Queen Yonasda, Yung Face, Mr. Miranda, Ocean, D’Aaron Anthony, Atllas, Chino D, Nhytee, Pennywise, Rich Rico, & Da Beast, Pitbull, Cypress Hill,2Tone the Supastar, Public Enemy, Chuck D, Chingo Bling, Rebel Diaz, & more…
Papers Please by Talib Kweli: “Americas was built on the back of slaves people was lacking wages never scared cuz karma come back in ways the same mentality that put blacks in graves elitist the master race is making Arizona a bad mistake home of the Grand Canyon is beautiful! but now there is a war for the soul fighting border patrol this is for all the control that’s why they forcing gentrification stopping you in the street demanding identification if you the brown persuasion maybe you could be native maybe you Mexicans whatever you not Caucasian so you have no place in this country illegal immigration got ‘em losing their faith, fearing assimilation……”