What’s wrong with SB 1070
by Hugh Holub on Jun. 29, 2010, under border issues, politics, SB 1070
Supposedly SB 1070 is going to do something about the issue of illegal immigration into Arizona.
But that’s not what SB 1070 is really about. It is about a renegade sheriff trying to impose his priorities on the rest of the state.
Prior to SB 1070 we had Maricopa County Sheriff Joe Arpaio trying to make catching illegal aliens a big deal for his police force. Chasing illegals got him lots of news coverage as the toughest sheriff in the country. Like there was a national job of Sheriff of the USA.
In the rest of the state the view was that even though the person violated federal law by climbing over the border fence, it was not a state law violation.
Thus so as long as that person did not commit any state or local crime, they weren’t any different than a resident or a tourist from Tucson or New York. It was up to the feds to enforce federal law.
The main reason for that was that local jurisdictions had their hands full of real criminals, and didn’t have jail space for holding undocumented aliens. At $50 to close to $100 a night to hold someone in jail, local jurisdictions would rather spend that money putting rapists and robbers and wife beaters and murderers and drunk drivers in jail instead of maids and gardeners.
People keep saying “but they are here illegally !!!”.
Yep. And there are a lot of other petty violations of law that go ignored and un-enforced because priorities are priorities. We do not see a cop at every stop sign to enforce that law, do we?
Virtually all of Arizona’s local jurisdictions did not put enforcing immigration law at the top of their priorities of things to do.
Opponents of illegal immigration call this a “sanctuary” policy.
It is no such thing. It is simply enforcing the law to protect the safety of people, and illegal entry is not a physical threat to residents like being shot at or robbed.
For whatever reason, Arpaio and his buddies wanted to re-prioritize local law enforcement to turn local police and county deputies into Border Patrol agents.
It shouldn’t surprise anyone that Sheriff Joe Arpaio is the godfather on SB 1070.
Now lets look at what usually happened on the street before SB 1070:
When someone is stopped for some other reason than looking like an illegal alien, and it turned out there is a probability of the person having gotten into the country illegally, the local cops call the Border Patrol and turn the person over to them.
The frustrating thing about this for local jurisdictions has been waiting for the Border Patrol to show up and take custody of the suspect.
The whole issue from the local perspective was about use of limited resources…not going to turn the local cops into the Border Patrol and end up having to feed and house undocumented aliens at local taxpayer expense.
So lets look at SB 1070.
The core of the law is that being in Arizona illegally is now a state crime, not just a federal crime. So by violating federal law of entering the country, one is in effect trespassing into the state.
The whole point of making being illegally in Arizona a state crime is to force local jurisdictions to take on the role of the Border Patrol. This is to vindicate Arpaio’s priorities and cram his views down on the rest of law enforcement in the state that don’t share his priorities of what endangers Arizonans.
Absolutely local police enforce state law…and there are lots and lots of state laws on the books to enforce. The reality is law enforcement has always triaged what laws get attention to enforce and what laws don’t. It is against the law to run a stop sign, but we don’t see cops at every intersection with a stop sign enforcing that law because there are better things for the cops to be doing.
There is only so much time in the day and only so many cops on duty at any given moment…so there is a priority system in place. That’s why if you are in the midst of being victimized by a crime, or there’s been a violent criminal act, you’ll get a response in 5 minutes…but if you are reporting someone stole your bike, it might take a few hours to get a response.
This is also why there has been so much opposition from local law enforcement around the state because Arpaio and the legislature are dictating law enforcement priorities for political purposes, and actually endangering Arizonans by diverting police resources to enforcing federal immigration law.
In its first version, SB 1070 sought to mandate a legal status check as the first level of contact with anyone…making SB 1070 what is called a “primary” offense like getting caught running a red light. The outcry caused the bill to be amended to making illegally being here a “secondary” offense like after you are stopped for running the red light and the cop finds out you aren’t wearing your seat belt, you get nailed for the seat belt violation. Point is the cops can’t go out looking for violators of illegally being here, but once you are stopped, they must then check for the secondary violation.
Actually out on the street according to most cops, the secondary check for legal status has been quietly going on for a long time. There is no such thing as a “sanctuary” city in the state.
Under Sb 1070 supposedly the local jurisdictions can take the illegal people into custody and prosecute them as violators of the state law.
SB 1070 attempts to force local governments to incur the resource allocation of enforcing federal immigration law and to end up feeding and housing undocumented aliens until the feds take over.
Ain’t gonna happen folks, unless you want to seriously raise your taxes.
I will bet that outside of Arpaio, no local jurisdiction is going to book anyone for a violation of SB 1070 and pay the cost of jail time unless that person is a suspect in a more serious crime.
This element –making it a state crime for violating federal immigration law–has really serious Constitutional problems in that the state is reaching into federal jurisdiction and will likely be the major reason the courts will shoot it down. My bet is an injunction will be issued against this law under the federal pre-emption doctrine.
A really problematic part of SB 1070 is the provision that allows a citizen to sue the local jurisdiction if they don’t think the local cops are being rigorous about enforcing SB 1070.
Ask yourself…why is this in Sb 1070 in the first place?
Does Pearce and Arpaio have some lawyer buddies who want to get rich suing cities, towns and counties for not jailing illegal aliens?
Is it a threat to local jurisdictions that they must follow Arpaio’s priorities in use of law enforcement resources?
This is going to be a serious pain in the ass for local cities and towns and counties as the rabid nativists sue because local cops are not pretending they are Sheriff Joe.
The courts are very likely to throw out these suits as it is not the legislature’s business to decide which law gets priority for enforcement resources.
Finally there’s the issue of racial profiling.
I personally had a very interesting experience being the City Attorney in a border city. The Border Patrol treated every Hispanic in the city like an illegal alien. Profiling exists.
What was really interesting was, in this 90% Hispanic city, the legal Hispanic residents didn’t like illegal entry and would point out the illegals in a second, as long as the legal residents were treated with respect. Hint, illegal entrants mostly don’t dress as well as we do.
It took a while for the Border Patrol to understand all Hispanics are not illegal aliens, and to learn to work within Hispanic communities. After a few years of vastly improved relations within the city, I had Hispanic neighborhoods asking the city to blade roads around the edges of subdivisions with a lot of illegal traffic to assist the Border Patrol getting into the areas.
I think the real issue is, except for Arpaio, virtually every law enforcement officer in the state would rather not have to deal with illegal entry as a law enforcement issue and not get anywhere near a charge of racial profiling. That’s what the Border Patrol is supposed to do.
Does SB 1070 create a hostile climate for Hispanics in the state? Absolutely, and that is exactly what Senator Pearce, Arpaio, and their buddies intended. They freely admit that wanted to encourage illegal residents to leave and they are probably happy that is working.
But the really sad thing about this whole kerfuffle is that there are a lot worse criminal problems in the state than illegally entering it, and Pearce, Arpaio et al have made this issue paramount over real crime problems like the guys armed with automatic weapons running around the borderlands.
Those commentors who rant about the illegality of the crossers and demand draconian solutions are being manipulated by a bunch of mean spirited opportunists who are using this to gain power. You are more at risk from Arpaio than from the illegal entrants.
Meanwhile, when the dust settles, you will find that Sb 1070 is worthless in doing anything about illegal entry, our state’s economy has been harmed, a lot of people were demonized, and you still have a mad dog sheriff sitting in Maricopa County who makes it his life’s work to harrass Mexicans.
June 29th, 2010 on 2:03 pm
New format, same old liberal prattle.
June 29th, 2010 on 2:08 pm
WELL IF THEIR NOT GOING TO ENFORCE THE LAWS THAT THEY ARE SWORN TO DO. THEN ITS TIME FOR THEM TO RESIGN.
June 29th, 2010 on 2:10 pm
Just use the tax money we are now spending educating illegal aliens and taking care of their health-care. We need to seal our borders. There are alot more than Mexicans coming through our borders. Wake up!!
June 29th, 2010 on 2:15 pm
Hugh-Your view is really through rose colored glasses You need to wake up one or two mornings along the borderlands I’m sure your opinion will change.
June 29th, 2010 on 2:24 pm
Dear Hugh,
This is a priority, so please get off your liberal rear end and write the truth. Illegal is illegal. It’s a fact. There are way too many people using our hospitals and entitlements that should be spread over our own tax-paying citizens.
Bottom line, you truly are the idiot of SB 1070!
We all need to know where you live so we can send these illegals to your house so you can help them first-hand. Open your doors and bless them with your funding.
June 29th, 2010 on 2:30 pm
Thank you! Finally some intelligence to cut thru the rubbish.
June 29th, 2010 on 3:58 pm
Your basic premise is WRONG! “But that’s not what SB 1070 is really about. It is about a renegade sheriff trying to impose his priorities on the rest of the state.” I don’t know why you can’t see the truth or at least report it. We need to stop the “Illegal Entrants” into our state. They cost the State (and in turn “We the People” who pay taxes in the State of Arizona) billions of dollars. To provide these “Illegal Entrants” health care, to provide the children of these “Illegal Entrants” education. The premise of law you are failing to report on is “Anyone found guilty of a criminal act should not benefit from their illegal actions.”
Get Real!
June 29th, 2010 on 8:52 pm
Excellent points. Your blog makes most of the above comments look rather childish.
June 30th, 2010 on 2:14 am
Most of the arguments I have heard about SB1070 don’t actually debate the premise of the bill by I only hear arguments about hypotheticals. For example, the author talks about “Sheriff Joe Arpaio”. The author also talks about future racism and profiling.
The governor and the people that worked with her signed the bill into law. I don’t know if you can prove the Joe Arpaio is manipulating behind the scenes. And even if he is, the bill is the governor’s and the states bill not Sheriff Joe’s bill. If one person is pushing legislation for the entire state, than that is another issue.
Another thing, people talk about “racism” and profiling. This may happen, but what about the language in the actual bill. Is it also possible that people will get charged…because they are in the country illegally and using false documents.
The author does make some good points about what crimes cops could focus on. Yea, cops don’t sit at every stop sign and attempt ticket those people that violate the stop sign rules. At the same time, there are rules on the books, we can’t question all of them. Why do I have to carry a driver’s license when I drive. I know I am able to drive. Why can’t I carry a license some of the time. I can’t because, it is illegal and the cop could fine me. Or carry proof of insurance. I don’t cry racism because a cop asks me for my proof of insurance. Nobody is talking about how racist it is for most states to ask for a driver’s license or a proof of insurance.
Those don’t seem like harsh rules. So, why are we suddenly crying racism if cops want to find out if you have documentation to prove that you are legal citizen and have proper paperwork. In terms of the local governments, it could be a paperwork nightmare to prosecute crimes and not have any legal information on a person. “This person is charged with murder in this state, he could be a murderer somewhere else but we don’t have any legal documents on him. Man, I sure wish we had some kind of illegal immigrant documentation law”.
I haven’t said that I am favor or not in favor of the bill, I just wish people that find issue with the bill make valid comments. “Racism” is not a valid argument against SB1070. First don’t you have to actually identify what race is racist against the other race? Are all cops racist? Are all cops one race? Just debate the bill and the facts.
June 30th, 2010 on 2:42 am
Here is another hypothetical. Let’s say that Ohio or Iowa passed the same legislation. Exactly the same legislation. What you be angry or protest the law?
Let’s say that Ohio had an illegal alien, Canadian/European problem. They had too many people being arrested that didn’t have documentation.
Of course not, you wouldn’t care.
You care in Arizona because you KNOW that there are many people from Mexico crossing the border illegally and you are OK with that. I think people are picking and choosing which crimes should be on the books and which crimes shouldn’t.
People are thinking “They are illegal and from Mexico but that is OK”. But it isn’t OK…in Arizona.
June 30th, 2010 on 5:41 am
I doubt if Iowa or Michigan would pass any laws dealing with illegal Canadians sneaking into the US to take advcantage of our inferior health care system.
June 30th, 2010 on 6:25 am
Maybe we should ask for citizenship verification at the hospital or when signing up for school?
June 30th, 2010 on 7:03 am
If you can’t understand this article somethings wrong with you!
June 30th, 2010 on 7:33 am
Hey Hugh: I would doubt it too. And the reason why is that Southern Canada isn’t the murder capital of the world like Northern Mexico is.
There is just as much demand, or more, for dope in Detroit as there is in El Paso, but why aren’t there 3,300 Cuidad Juarez style murders a year in Windsor, Ontario, which is right across the bridge from Detroit from Detroit, like Cuidad Juarez is from El Paso? or the 27,000 total narco murders total? It’s a bloodbath down there. Pure and simple. Shades of Pol Pot!
Bring me the head of Alfredo Garcia, not Wayne Gretsky, Bobby Hull, or Harry Crosby! – Yer pal, Ferrari Bubba
No need for laws to deal with our friends from The Great White North.
June 30th, 2010 on 7:47 am
I don’t know if you can prove the Joe Arpaio is manipulating behind the scenes.
Ha! This is hilarious! I guess Joe can tell it to the judge soon.
June 30th, 2010 on 7:55 am
There is just as much demand, or more, for dope in Detroit as there is in El Paso,
You’re forgetting your history RE: the prohibition of alcohol. Some say as much as 75% of the “illegal” booze came across the Detroit River in the twenties. And, so came all the murders that go along with prohibition, be it drugs or alcohol. Just like the good capitalists in Mexico today, the Canadians of the time knew an opportunity when they saw it and made lots of extra booze for America. The Canadians grow an abundance of grain and the Mexicans grow pot, poppies and meth labs. It’s that “invisible hand of the market” at work.
Don’t you have any colorful stories about the Purple Gang, FB?
June 30th, 2010 on 11:16 am
Wow, Baja, Arizona! Are you seceding from the rest of the state? What will you be doing about the areas west and north of Tucson that are under the control of Mexican drug cartels? Will you be paying for ‘insurance’ to have them leave you alone? I’m pretty sure those guys don’t care much about SB1070 or any other laws in the U.S.
June 30th, 2010 on 3:33 pm
Thanks for a clear minded assessment of SB 1070.
The emotions around the illegal immigration issue have gotten way out of hand, to the point where people who generally would be fighting for small government are willing to hand unprecedented and intrusive powers to the government.
Thanks for your article
Sam.
July 13th, 2010 on 4:39 pm
Wake up ppl, most mexican immigrants are here to work and make better lifes than they had in their country. As a hispanic citizen I find it hard to belive that you are so stupid to think that only the hispanic race is illegal in the US, an illegal immigrant can be anyone not just some one with brown skin!!
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