This was an analysis of Arizona new 1070 law by a law professor in Arizona published today in the Arizona Republic.



In response to the hue and cry over what the law actually says, The Republic is publishing the full text of SB 1070, with University of Arizona law professor Gabriel "Jack" Chin helping to decipher the legislation.

Read more: http://www.azcentral.com/arizonarepubli ... ly20176799#ixzz0om3bZL00


Background points
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1. This statute includes provisions that are not only new to Arizona law, but that are new to American criminal and immigration law. The statute is complex and raises many difficult issues both of interpretation and constitutionality. It may involve more provisions of the U.S. and Arizona Constitutions than any single piece of legislation ever drafted in this state. Accordingly, its scope and effect are not clear, and will not be clear until there are definitive judicial rulings.
2. Under established Arizona and federal law, local police can make arrests for federal crimes. [Gonzales v. City of Peoria, 722 F.2d 468, 474 (9th Cir.1983) (federal law allows local police to arrest for criminal provisions of the Immigration and Nationality Act); Assistance by State and Local Police in Apprehending Illegal Aliens, U.S. Department of Justice, Office of Legal Counsel (Feb. 5, 1996) (http://www.justice.gov/olc/immstopo1a.htm); Whitlock v. Boyer, 271 P.2d 484, 487 (Ariz. 1954) (noting that New York police officers make arrests for federal felonies and misdemeanors; “[w]e think this practice states the general rule and we approve of it for Arizona.â€