Is Arizonas Immigration Law SB1070 Too Strict

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This paper is my research paper for an english class. I chose to do a research paper on immigration, because I found interest in it.

Submitted: December 05, 2010

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Submitted: December 05, 2010

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Is Arizona’s Immigration Law SB1070 Too Strict
 
SB1070 is a Senate Bill that was passed earlier this year 2010. It has proven to be very controversial. Some politicians have flagged this bill as being racist. There are millions of undocumented aliens here in the United States. The main entry for most immigrants is through the huge Arizona border. This is problematic for the state of Arizona. While not all illegal aliens are violent and break the law there are those ones that have created a problem for the aliens who come because they want a better future for themselves and their family. This is one reason why Arizona wants the bill. "Border violence and crime due to illegal immigration are critically important issues to the people of our state," Arizona Gov. Jan Brewer said at the signing of the controversial bill, SB 1070. "There is no higher priority than protecting the citizens of Arizona. We cannot sacrifice our safety to the murderous greed of the drug cartels. We cannot stand idly by as drop houses, kidnappings and violence compromise our quality of life." (Arizona Gov. Jan Brewer ) There are tens of thousands of new immigrants every year, these are people just like you and me. They have families. They are employers, employees, and consumers. While I feel that there needs to be a better way to document immigrants, we as a nation also need to understand these people as well. Some have carried on with their lives and raised families here for years, and now they are being made to leave and families are being separated. Arizona Immigration Law is hurting states reputation, local businesses, and intruding on the family lives of those who are stereotyped as looking illegal, such as citizens not of the traditional demographic, and or not being able to speak perfect English.
In order for you to understand SB1070 and how it affects the entire community of Arizona citizens and non-citizens, the following will provide fast facts as to what the bill states.
The purpose of the law is to require officials and agencies of the state to fully comply and assist enforcement of federal immigration laws. The bill will give county attorneys subpoena power in investigations against employers. It also establishes crimes involving trespassing by illegal aliens, harboring or concealing aliens, soliciting aliens for work, and the transport of aliens and their respective penalties.
Federal Law provides that any alien who 1) enters or attempts to enter the U.S. at any time or place other than as designated by immigration officers, 2) eludes examination by immigration officers, or 3) attempts to enter or obtains entry to the U.S. by a willful false or misleading representation is guilty of improper entry by an alien. For the first commission of the offense, the person is fined, imprisoned up to six months, or both, and for a subsequent offense, is fined, imprisoned up to two years, or both (8 U.S.C. § 1325).
ICE (U.S. Immigration and Customs Enforcement) is the primary authority for immigration enforcement. They are a branch of the Department of Homeland Security. In 2003 when the U.S. Customs Service and Immigration and Naturalization joined forces, they created the Investigative Branch of Homeland Security known as ICE.
The state of Arizona enacted the Legal Arizona Workers Act (LAWA) in 2007.  This act prohibits employers from knowingly employing illegal aliens and establishing penalties for employers in violation. The Systematic Alien Verification for Entitlement (SAVE) Program and Social Security Administration (SSA) administers E-Verify, which allows all employers to verify the status and employment eligibility for all potential employees. This statement that is provided by the program protects the employer by eliminating the presumption that they knowingly employed an illegal alien.
The requirements of enforcing the Arizona State Senate Bill 1070 are as followed:  1) A reasonable attempt to be made to determine the status of a person during any contact made by an official or agency of the state. 2) The persons immigration status to be verified. 3) Allows a law enforcement officer, without a warrant, to arrest a person if they have probable cause. 4) Allows law enforcement to transport any said alien who is unlawfully in the U.S. to a Federal facility. 5) Disallows state or state officials from adopting policies that limit immigration enforcement. 6) Requires court to collect and remit the penalty to the Department of Public Safety. 7) Lastly specifies that law enforcement officers are indemnified by their agencies against reasonable costs and expenses.
Any of the following findings found to be true could result in a simple misdemeanor up to a class 4 felony or both: Trespassing by illegal aliens, unlawful stopping and solicitation of work by an illegal alien, unlawful transporting of illegal aliens and the investigation of employers finding willful employment of aliens. All carrying fines in the upward ranges of thousands of dollars, and jail time up to sixty months and removal from the U.S.
This senate bill carries some heavy penalties in black and white. Some of those penalties are not so black and white, and may be in the near future for the state itself.  There are a few studies that have already shown the affects of the bill on the tourism industry, the economy of the state of Arizona as far as the supply and demand for employees, and the retail industry. The law was meant to drive illegal immigrants out of the state. But even losing part of the illegal immigrant population could have damaging effects, said Marc Rosenblum, senior policy analyst at the non-partisan Migration Policy Institute. “Businesses are feeling an impact, both because they may find a shortage of workers but also a shortage of customers.” (Marc Rosenblum)
The big question. Why don’t those people just get there residency like my great grandparents, who came through Ellis Island? Well it’s not the early 1900 ‘s anymore. Things are a lot more complicated, and costly than one would think.
Shea Fitzekam is the only immigration lawyer in our area. She is licensed in CO and NM. In her online interview she spoke of how difficult it was for immigrants to get visas, and gave examples of waiting periods for visas. For example if a citizen is applying for their children depending on their status here in the United States and the status of their child abroad there could be a waiting period of 1 year up to a 17 year waiting period. This is one reason why immigrants don’t bother with applying for visas, because the wait is so long.
She spoke of the “anchor baby” term and said it was very derogatory and a misconception. Fitzekam explains that once an alien has a baby here, there baby is a citizen not themselves, and in order for them to gain residency by the current immigration law they would have to wait until their child was 21 years of age, leave the United States and then apply for a visa. 
Another misbelief is that marrying a United States citizen will grant them citizenship. Once an alien enters into the United States without border inspection, they are illegal. Upon applying for a visa they must leave the United States and go to Juarez for an interview with the consulate regarding a waiver. If a waiver is denied they are barred from re-entering the United States for 10 years.
Temporary work visas and visitor visas are another story. If an immigrant enters the United States with an inspection, they can then apply for a permanent visa without having to leave the United States.
Then there is the cost of a lawyer to prepare the documents and all the court proceedings in order to gain visas and residency. I myself have personal experience with this. I brought my now ex husband over from the Dominican Republic, after I lived and worked there for 2 years. We fell in love. I was leaving and didn’t want to leave him. Once I returned to the United States I petitioned him for a fiancé visa, paid the filing fee and the wait game began, along with many more documents came many more filing fees. After almost a year and a half and thousands of dollars he was granted a visa, but it was still not that easy, I had to fly back to Dominican Republic meet with the consulate and be interrogated to make sure that we were not lying about our love for one another and that we were not fraudulently receiving a visa into the United States for any other purpose. Once he arrived here in the United States, it was more filing documents and paying fees. So believe me it is not a piece of cake. It was worth it. But not everyone who comes to our great nation out of the want to build a great family life has the ability to do what I did.
 
 
Bibliography
 
 
Foley, Elise. "Arizona Immigration Law Hurts Reputation, Business." Washington Independent 5 Aug. 2010. Web. 11 Oct. 2010. .
 
 
Franklin, Ross D. "Fast Facts on Arizona’s Immigration Crack Down." Center for American Progress. N.p., 23 Apr. 2010. Web. 11 Oct. 2010. .
 
Grillo, Ioan. "Mexicans Unite to Oppose Arizona's Anti-Illegals Law." Time Magazine 28 Apr. 2010: 6 pars. Web. 11 Oct. 2010. .
 
 
 
castillo, mariano. "Crime stats test rationale behind Arizona immigration law." CNN. N.p., 29 Apr. 2010. Web. 15 Nov. 2010.
SB1070 law facts!
Fitzekam, Shea. Web. 24 Sept. 2010.
 
 


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