In the face of heated criticism and constitutional challenges, Arizona Governor Jan Brewer signed into law House Bill 2162, which supersedes Senate Bill 1070 (discussed earlier on this blog here). The Governor’s issued a statement upon signing HB 2162, which asserts that the bill:
defines and clarifies even further the proper implementation and enforcement of the law. These changes specifically answer legal questions raised by some who expressed fears that the original law would somehow allow or lead to racial profiling. These new amendments make it crystal clear and undeniable that racial profiling is illegal, and will not be tolerated in Arizona.
Specifically, the new law limits the obligation on law enforcement officials to determine the immigration status of an individual to instances where a lawful stop, detention or arrest has been made in the enforcement of any other state or local law or ordinance, rather than “any lawful contact”. The officer must have a reasonable suspicion that the person is an alien and is unlawfully present in the United States. While SB 1070 had required that the reasonable suspicion not be based “solely on race, color or national origin” except to the extent permitted by the U.S. or Arizona constitutions, HB 2162 strikes the word “solely”.
Additionally, the revisions add that immigration status may be determined by those agencies authorized by the federal government to verify or ascertain immigration status, as well as U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection. This provision is apparently aimed at rebuffing claims that the Arizona law encroaches on federal authority in the regulation of immigration.
HB 2162 eliminates the provision of SB 1070 which had allowed courts to order those convicted of ” willful failure to complete or carry an alien registration document” to pay “at least five hundred dollars for a first violation” – money which would be have been used for the “gang and immigration enforcement and for county jail reimbursement costs relating to illegal immigration.” Also eliminated are the provisions describing the conditions under which “willful failure to complete or carry an alien registration document” would be considered a felony offense, although it remains a misdemeanor offense under HB 2162.
Governor Brewer’s Executive Order 2010-09 requires the establishment of a training program for law enforcement officers in the implementation of the new immigration law which is to instruct officers on what constitutes a reasonable suspicion of unlawful presence and the grounds on which that suspicion may be formed. The aim is to train officers before the new law takes effect in roughly three months’ time.
Another statement issued by Governor Brewer on Friday, regarding the non-fatal shooting of an Arizona law enforcement officer, makes clear the emotion behind the immigration debate, as well as how easily individuals whose only transgressions are immigration offenses could become the target of the suspicion, fear and anger involved in efforts to combat cross-border drug trafficking and other crime. Governor Brewer stated:
Although there is no confirmation at this time that the criminals involved in this evening’s violence are drug smugglers, this incident occurred in a known drug trafficking corridor, and law enforcement believes that the five suspects being sought were walking through the middle of the desert with backpacks and at least one automatic weapon. Border Patrol agents are deeply involved in this search.
As we have seen in the past, drug smugglers and cartel members invading our state are not innocent fathers and mothers longing for a better life for their family. Regardless of the outcome of tonight’s manhunt and investigation, Arizona is now confronted by some of the most vicious and dangerous narco-terror organizations the world has seen. Their cause is not honest labor in desperate need of sustenance; it is murder, terror and mayhem in furtherance of a multi-billion dollar criminal enterprise.
The horrendous violence we see by narco-terrorists is uncontrolled, and our own federal government refuses to fulfill its responsibility to secure our border.
See the Tucson Sentinel for stories on the local impact of the new immigration law, including reports that admitted students will not be enrolling at the University of Arizona because of the law (here) and details of an Arizona police officer’s legal challenge to the law. Also reported by the Tucson Sentinel, the Mexican Embassy urged its nationals to exercise “extreme caution” while in Arizona, given the “negative political environment for migrant communities and for all Mexican visitors”. Read the Embassy’s statement here.