Arizona immigration law revised in effort to allay concerns about racial profiling

Gov. Jan Brewer on Friday signed a bill modifying Arizona's controversial new immigration law, saying it will "make it crystal clear and undeniable that racial profiling is illegal."

The governor's signature on House Bill 2162 modifies a measure signed into law by Brewer last week that requires police to inquire about the immigration status of anyone they reasonably suspect to be in the country illegally. Barring a successful legal challenge, the law goes into effect July 29.


HB 2162 bars race from being considered when deciding whether to inquire about a person's status, "except to the extent permitted by the United States or Arizona Constitution."

The bill also clarifies that law-enforcement officers shall inquire about the immigration status only of those they "stop, detain or arrest." The earlier bill simply said "contact." The change is designed to allay fears that officers would have to examine the papers of anyone they spoke to, including crime victims and witnesses.

"These changes specifically answer legal questions raised by some who expressed fears that the original law would somehow allow or lead to racial profiling," Brewer said in a statement.

To date, three lawsuits have been filed against the new immigration law, arguing that it is unconstitutional and will encourage racial profiling.

The changes came a week after Brewer signed Senate Bill 1070, a measure that has polarized residents and reignited the national debate over immigration policy. The law makes it a state crime to be in the country illegally.

HB 2162 also specifies that a law-enforcement officer would be required to determine the immigration status of a person involved in a municipal or county code violation. The change led to speculation that municipal code-enforcement officers might be required to inquire about residents' legal status, which the Governor's Office denied Friday.

"Police officers only," Brewer spokesman Paul Senseman said in an e-mail.

Kris Kobach, a Kansas law professor who helped craft the language in HB 2162, said in an e-mail that only law-enforcement officers certified by the Arizona Police Officer Standards and Training Board would be subject to the requirements.

Cities were still reviewing the new language Friday, and officials largely avoided comment. Ken Strobeck, executive director of the Arizona League of Cities and Towns, said that, in his view, HB 2162 does not represent an expansion or toughening of SB 1070.

Phoenix Police Chief Jack Harris blasted the immigration measures at a news conference Friday, saying they are unenforceable and will result in lawsuits against police officers no matter what they do. SB 1070 allows citizens to sue municipalities and law-enforcement agencies if they "limit or restrict" the enforcement of immigration laws.

Democrats in the state's House of Representatives criticized HB 2162 on Friday for what they called "an incredible broadening of the law," citing the language permitting immigration-status inquiries for city-code violations.

State Rep. Kyrsten Sinema said she fears residents will be deported over barking dogs or overgrown lawns.

"These are not criminal acts - these are minor city issues," said Sinema, D-Phoenix.

Senseman told The Arizona Republic that changes to the law involving municipal ordinances do not represent a broadening of its powers, but merely clarify the original intent of the language.

"What we were always talking about and have always been talking about are things like discharging firearms, alcoholic beverages in the park or speeding in a school zone," he said.

During an interview with Channel 12 (KPNX) on Friday morning, Brewer again spoke out against those who are critical of the legislation.

"There's hysteria out there, and people need to take a breath and see what our laws actually say, read them and understand them," Brewer said. "Our law mirrors federal law. So, why is it bad for Arizona to mirror federal law? No one was crying out in the wilderness about the federal law being wrong or racial profiling. I don't get it. It's spin."



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