Center for Immigration Studies on the New Arizona Immigration Law, SB1070
- 2010/04/30 09:34:40
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About the Center for Immigration Studies
Who We Are
The Center for Immigration Studies is an independent, non-partisan, non-profit, research organization. Since our founding in 1985, we have pursued a single mission – providing immigration policymakers, the academic community, news media, and concerned citizens with reliable information about the social, economic, environmental, security, and fiscal consequences of legal and illegal immigration into the United States.
The Center is governed by a diverse board of directors that has included active and retired university professors, civil rights leaders, and former government officials. Our research and analysis has been funded by contributions and grants from dozens of private foundations, from the U.S. Census Bureau and Justice Department, and from hundreds of generous individual donors.
Our board, our staff, our researchers, and our contributor base are not predominantly "liberal" or predominantly "conservative." Instead, we believe in common that debates about immigration policy that are well-informed and grounded in objective data will lead to better immigration policies.
The data collected by the Center during the past quarter-century has led many of our researchers to conclude that current, high levels of immigration are making it harder to achieve such important national objectives as better public schools, a cleaner environment, homeland security, and a living wage for every native-born and immigrant worker. These data may support criticism of US immigration policies, but they do not justify ill feelings toward our immigrant community. In fact, many of us at the Center are animated by a "low-immigration, pro-immigrant" vision of an America that admits fewer immigrants but affords a warmer welcome for those who are admitted.
BELOW IS THE ARTICLE THAT EXPLAINS SB1070, THE ARIZONA IMMIGRATION BILL THAT WENT INTO LAW THIS WEEK:
April 2010
Announcements
WASHINGTON (April 29, 2010) – The new law recently signed by the governor of Arizona, SB 1070, makes it a crime to violate some federal immigration statutes. While the law is extremely popular in the state, with 70 percent of Arizona voters approving of it and just 23 percent opposed, it has raised controversy. Below is a brief summary of the relevant information on illegal immigration in Arizona, followed by a short analysis of SB 1070’s major provisions.
Illegal immigration in Arizona:
- The federal government estimated that Arizona had one of the fastest growing illegal immigrant populations in the country, increasing from 330,000 in 2000 to 560,000 by 2008.1
- Arizona has adopted other laws to deter the settlement of illegal immigrants in the state in recent years. The federal government estimates that the illegal immigrant population dropped by 18 percent in the state from 2008 to 2009, compared to a 7 percent drop for the nation as a whole.2 This may be evidence that the state enforcement efforts are having an impact.
- The Maricopa County Attorney’s Office has found that 22 percent of felonies in the county are committed by illegal immigrants.3 Illegal immigrants are estimated to be 10 percent of the county’s adult population.4
- Analysis of data from State Criminal Alien Assistance Program showed that illegal immigrants were 11 percent of the state’s prison population. Illegal immigrants were estimated to be 8 percent of state’s adult population at the time of the analysis.5
- Approximately 17 percent of those arrested by the Border Patrol in its Tucson Sector have criminal records in the United States.6
- The issue of illegal immigration and crime is very difficult to measure, and while in Arizona there is evidence that illegal immigrants are committing a disproportionate share of crime, it is not clear this is the case nationally.7
- In 2007, the Center for Immigration Studies estimated that 12 percent of workers in the Arizona are illegal immigrants.8
- In 2007, the Center estimated that illegal immigrants and their U.S.-born children (under 18) comprise one-fifth of those in the state living in poverty, one-third of those without health insurance, and one out of six students in the state’s schools.9
- In 2007, the Center estimated that one-third of households headed by illegal immigrants in Arizona used at least one major welfare program, primarily food-assistance programs or Medicaid. Benefits were typically received on behalf of U.S.-born children.10
- The new law (SB 1070) is extremely popular among Arizona voters. A Rasmussen poll found that 70 percent of voters approve of the new bill, and just 23 percent oppose it.11
- The new Arizona law mirrors federal law, which already requires aliens (non-citizens) to register and carry their documents with them (8 USC 1304(e) and 8 USC 1306(a)). The new Arizona law simply states that violating federal immigration law is now a state crime as well. Because illegal immigrants are by definition in violation of federal immigration laws, they can now be arrested by local law enforcement in Arizona.
- The law is designed to avoid the legal pitfall of “pre-emption,” which means a state can’t adopt laws that conflict with federal laws. By making what is a federal violation also a state violation, the Arizona law avoids this problem.
- The law only allows police to ask about immigration status in the normal course of “lawful contact” with a person, such as a traffic stop or if they have committed a crime.
- Estimates from the federal government indicate that more than 80 percent of illegal immigrants come from Latin America.12 Thus, there is concern that police may target only Hispanics for enforcement.
- Before asking a person about immigration status, law enforcement officials are required by the law to have “reasonable suspicion” that a person is an illegal immigrant. The concept of “reasonable suspicion” is well established by court rulings. Since Arizona does not issue driver's licenses to illegal immigrants, having a valid license creates a presumption of legal status. Examples of reasonable suspicion include:
- A driver stopped for a traffic violation has no license, or record of a driver's license or other form of federal or state identification.
- A police officer observes someone buying fraudulent identity documents or crossing the border illegally.
- A police officer recognizes a gang member back on the street who he knows has been previously deported by the federal government.
- The law specifically states that police, “may not solely consider race, color or national origin” when implementing SB 1070.
- When Arizona’s governor signed the new law, she also issued an executive order requiring the Arizona Peace Officer Standards and Training Board to provide local police with additional training on what does and what does not constitute “reasonable suspicion.”13
Among the new law’s provisions:
# # # Endnotes 1 See Table 4 “Estimates of the Unauthorized Immigrant Population Residing in the United States: January 2008,” http://www.dhs.gov/xlibrary/assets/statistics/publications/oi.... 2 See "Estimates of the Unauthorized Immigrant Population Residing in the United States: January 2009,” Table 4, http://www.dhs.gov/xlibrary/assets/statistics/publications/oi... See also Table 4 “Estimates of the Unauthorized Immigrant Population Residing in the United States: January 2008,” http://www.dhs.gov/xlibrary/assets/statistics/publications/oi.... 3 The Maricopa County Attorney’s office report is at: http://www.mcaodocuments.com/press/20081002_a-whitepaper.pdf. 4 See Table 3 in “Immigration and Crime: Assessing a Conflicted Issue,” http://www.cis.org/ImmigrantCrime. 5 See Table 6 in “Immigration and Crime: Assessing a Conflicted Issue,” http://www.cis.org/ImmigrantCrime. 6 See “The Krentz Bonfire: Will the murder of a respected Cochise County rancher change anything on our border?” 7 The Center for Immigration Studies has conducted a detailed review of the literature and data available on crime. Nationally it is very difficult to come to a clear conclusion about crime rates among immigrants. The report, “Immigration and Crime: Assessing a Conflicted Issue,” is at: http://www.cis.org/ImmigrantCrime. 8 See Tables 21 in “Immigrants in the United States, 2007: A Profile of America's Foreign-Born Population,” http://www.cis.org/immigrants_profile_2007. 9 See Tables 23, 24, and 26 in “Immigrants in the United States, 2007: A Profile of America's Foreign-Born Population,” http://www.cis.org/immigrants_profile_2007. 10 See Tables 25 in “Immigrants in the United States, 2007: A Profile of America's Foreign-Born Population,” http://www.cis.org/immigrants_profile_2007. 11 Rasmussen poll released April 21, 2010, of likely voters in Arizona, http://www.rasmussenreports.com/public_content/politics/elect.... 12 See "Estimates of the Unauthorized Immigrant Population Residing in the United States: January 2009,” Figure 2, http://www.dhs.gov/xlibrary/assets/statistics/publications/oi.... 13 See http://www.azpost.state.az.us/bulletins/eo201009.pdf.
The Center for Immigration Studies is an independent non-partisan research institution that examines the impact of immigration on the United States. It is not involved in drafting legislation and has not formally endorsed or opposed SB 1070.
Tucson Weekly, April 29, 2010, http://www.tucsonweekly.com/tucson/the-krentz-bonfire/Content....
Read more: http://cis.org/Announcement/AZ-Immigration-SB1070
Top Opinion
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laureenf 2010/04/30 11:24:56+6This won't matter to those who would rather throw open the doors and pretend we are being compassionate. You could read this out loud and they will still say,"racist!" or "Cops are mean and stupid"....this only works if the reader is actually interested in knowing the truth....Thanks for the post tho'....maybe we'll get one or two to re-consider their out-rage.
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I like the part where no protests, no other flag.
I get so mad that they protest us. We are NOT racists we just want what is fair.
Thank you Scoop
Come November, 2010, remember "Its Time To Throw The Bums Out" and then deport all who have broken the laws of our land.
It would help stem the flood of illegal migrants if E-Verify(brought to you by Homeland Security) became mandatory and implemented nationwide.
Simply put, all Arizona has done is empowered their local law enforcement with powers they should have already had.
Yeah, this coming from a liberal Democrat:)
Thank you
http://www.ibj.com/indiana-se...
Indiana senator suggests Arizona-like immigration law
A state senator says Indiana should consider an immigration policy similar to Arizona's new law that makes it a state crime to be in the country illegally.
Sen. Mike Delph, R-Carmel, told The Associated Press that he'll introduce some type of immigration legislation in Indiana if Congress and the Obama administration do not act soon on illegal immigration. Delph said he wants to see how the Arizona law plays out before determining the details of his proposal for Indiana.
"We should be watching Arizona, watching how they apply the law," Delph said.
Delph has proposed bills aimed at cracking down on illegal immigration before, but they've never won the approval from the General Assembly, where Republicans control the Senate and Democrats control the House.
About 55,000 to 85,000 illegal immigrants live in Indiana, according to 2006 estimates from the Pew Hispanic Center. Some critics of Delph's previous immigration proposals have said that Indiana's economy needs both legal and illegal immigrant workers to thrive.
The Arizona law, set to take effect July 29, makes it a state crime to be in the country illegally. It directs local police to quest...
Thank you
http://www.ibj.com/indiana-se...
Indiana senator suggests Arizona-like immigration law
A state senator says Indiana should consider an immigration policy similar to Arizona's new law that makes it a state crime to be in the country illegally.
Sen. Mike Delph, R-Carmel, told The Associated Press that he'll introduce some type of immigration legislation in Indiana if Congress and the Obama administration do not act soon on illegal immigration. Delph said he wants to see how the Arizona law plays out before determining the details of his proposal for Indiana.
"We should be watching Arizona, watching how they apply the law," Delph said.
Delph has proposed bills aimed at cracking down on illegal immigration before, but they've never won the approval from the General Assembly, where Republicans control the Senate and Democrats control the House.
About 55,000 to 85,000 illegal immigrants live in Indiana, according to 2006 estimates from the Pew Hispanic Center. Some critics of Delph's previous immigration proposals have said that Indiana's economy needs both legal and illegal immigrant workers to thrive.
The Arizona law, set to take effect July 29, makes it a state crime to be in the country illegally. It directs local police to question individuals already engaged in other possible crimes about their immigration status and request documentation if they suspect a person is in the country illegally.
Critics say the law encourages racial profiling and is unconstitutional, and several lawsuits seeking to block its implementation are pending in federal court. Several cities have urged boycotts against Arizona businesses to protest the law.
Arizona's governor has said the boycotts are misguided because the law mirrors a federal requirement that legal immigrants carry immigration papers. Delph said he believes Arizona's law is constitutional and said the boycotts are spurred by ignorance of existing federal law.
But Tony Barreda, chairman of the East Chicago-based Community Coalition for Immigrants, told The Times of Munster that protests would come to Indiana if the state enacted an Arizona-type proposal.
"To do this in Indiana where we're strapped economically, you can bet your life there will be a major movement here as far as boycotting the state itself," Barreda said.
Delph said he hopes to figure out details of his latest immigration proposal before the 2011 legislative session, which begins in January.
He wrote an opinion piece for Indiana newspapers saying both Republican and Democratic federal administrations have refused to enforce immigration laws and Congress has pandered to various ethnic groups.
"Until we have an administration and a Congress willing to take control of this situation, it will be up to the states to exercise the rights granted to them in federal law as Arizona has done," Delph wrote.
http://www.indianasnewscenter...