17 hours ago • Howard Fischer Capitol Media Services

The part of SB1070 that makes it a crime to transport or harbor illegal immigrants is vague and 'pre-empted by federal law,' the federal appea… Read more

PHOENIX — While some provisions of SB1070 have been struck down, others were allowed to take effect. Here’s a closer look:

— Requiring police who have stopped, detained or arrested someone for any reason to make a reasonable attempt to determine someone’s immigration status if there is “reasonable suspicion” the person is in this country illegally. The language, key to the measure, is designed to ensure that police do not overlook suspected illegal immigrants, whether because of personal beliefs or departmental policies. In effect. The U.S. Supreme Court said the provision, on its face, is not unconstitutional or preempted by federal law. But the justices left open the possibility of challenge if there are claims the measure is being enforced in a discriminatory manner. That case is still playing out in front of U.S. District Court Judge Susan Bolton.

— Forbidding the release of any person who is arrested until that person’s immigration status is determined. This is designed to ensure that those who are arrested are not simply released if they are illegal immigrants. Enjoined. Bolton judge said requiring Arizona law enforcement officials and agencies to determine the immigration status of every person who is arrested burdens lawfully present aliens because their liberty will be restricted while their status is checked.

— Mandating that those in this country in violation of federal law to complete or carry an “alien registration document” or be subject to state arrest. This was meant to provide state and local police with the authority to arrest and hold illegal immigrants, regardless of whether Immigration and Customs Enforcement was interested in picking them up. Enjoined as an attempt by the state to regulate alien registration, the sole province of the federal government.

— Making it illegal for anyone not legally present in this country to knowingly apply for work, seek work in a public place or work as an employee or independent contractor in Arizona. This is aimed at day laborers under the premise that a large number of them are illegal immigrants. Enjoined as preempted by federal law.

— Allowing police to make warrantless arrests if there is a belief the person has committed any offense that allows them to be removed from the United States. This expands existing powers of police to make arrests without warrants. Enjoined as preempted by federal law. The trial judge said there was substantial likelihood officers would wrongfully arrest legal residents.

— Making it a crime to for someone looking for work to enter a car stopped on the street. That law also criminalizes drivers who stop to pick up laborers. Enjoined as unconstitutional. While lawmakers said it was designed to ensure traffic is not blocked, appellate judges said the provision targets only day laborers, infringing on their First Amendment rights.

— A statement saying the intent of the law “is to make attrition through enforcement the public policy of all state and local governments in Arizona” and “to discourage and deter the unlawful entry and presence of aliens and economic activity by persons unlawfully present in the United States.” In effect. The trial judge said during the original 2010 hearing that this is simply a statement of purpose which, by itself, has no force and effect.

— Prohibiting Arizona officials, agencies and political subdivisions from limiting enforcement of federal immigration laws. In effect.

— Requiring state officials to work with federal officials with regard to illegal immigrants. In effect.

— Allowing legal residents to sue any official, agency or political subdivision which restricts enforcement of federal immigration laws “to less than the full extent permitted by federal law.” In effect. The trial judge suggested during the hearing there may be nothing inherently wrong with the state, within its own powers, making Arizona as “inhospitable” as possible to illegal immigrants.

— Alterations to the existing crime of human smuggling. In effect.

— Changes to the state’s law allowing a judge to suspend or revoke the licenses of companies that knowingly or intentionally hire undocumented workers. In effect.

— Creating a special fund to finance gang and immigration intelligence enforcement. In effect.

— Allowing the removal or impoundment of vehicles used in transporting or harboring illegal immigrants. In effect. The trial judge said nothing there interferes with interstate commerce.

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