Comparing Arizona, California immigration measures

Jun. 7, 2010 10:40 PM
The Arizona Republic

Supporters of Arizona's new illegal-immigration law, including Speaker of the House Kirk Adams, have criticized Californians for boycotting Arizona when California voters in 1994 approved a similar provision. When California voters passed Proposition 187, they approved one provision that is now being compared to Arizona's Senate Bill 1070. But while they are similar, the two have several differences. California's measure remains on the books, but it has never been enforced. Proposition 187 was ruled to be unconstitutional.

ENFORCEMENT VS. COOPERATION:

Arizona Senate Bill 1070 (as amended by House Bill 2162): "No official or agency of this state or a county, city, town or other political subdivision of this state may limit or restrict the enforcement of federal immigration laws to less than the full extent permitted by federal law."

California Penal Code 834b: "Every law-enforcement agency in California shall fully cooperate with the United States Immigration and Naturalization Service regarding any person who is arrested if he or she is suspected of being present in the United States in violation of federal immigration laws. . . . Any legislative, administrative, or other action by a city, county, or other legally authorized local governmental entity with jurisdictional boundaries, or by a law-enforcement agency, to prevent or limit the cooperation . . . is expressly prohibited."

STOP VS. ARREST:

Arizona: "For any lawful stop, detention or arrest made by a law-enforcement official or a law enforcement agency . . . in the enforcement of any other law or ordinance of a county, city or town or this state where reasonable suspicion exists that the person is an alien and is unlawfully present in the United States, a reasonable attempt shall be made, when practicable, to determine the immigration status of the person, except if the determination may hinder or obstruct an investigation."

California: "With respect to any such person who is arrested, and suspected of being present in the United States in violation of federal immigration laws, every law-enforcement agency shall . . . attempt to verify the legal status of such person."

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