That reputation
would harden if
the Legislature
and governor
approve a
proposal that
would draw local
authorities
deeper into
immigration
enforcement and
further reject
the notion
immigration is
the sole
responsibility
of the federal
government.
The proposal,
which has
cleared the
state Senate and
is being
considered by
the House, would
require police
to try to
determine
people's
immigration
status when they
have reasonable
suspicions that
a person doesn't
have legal
status.
And, if
approved,
Arizona would
become the only
state to
criminalize the
presence of
undocumented
immigrants
through an
expansion of its
trespassing law.
While the
practical effect
of such a law is
yet unclear,
immigrant rights
advocates
predict it would
lead to racial
profiling that
would target
thousands of
Hispanics who are
U.S. citizens.
And the
proposal's
constitutionality
is also a source
of contention.
A few years ago,
police chiefs in
two communities
in New Hampshire
charged
undocumented
immigrants with
trespassing for
being in the
state. A local
judge in 2005
dismissed the
charges as an
unconstitutional
attempt to apply
state laws to a
federal issue.
But supporters
of the proposal
say on top
of inadequate
federal border
efforts, many
local police
departments have
turned a blind
eye to
undocumented
immigrants.
Some local
politicians
"don't have the
courage to stand
up for their
citizens," said
state Sen.
Russell Pearce
of Mesa, the
bill's sponsor.
The measure
cleared the
Senate on a
16-12 vote on
June 15 and is
being considered
by the House.
The proposed
trespassing
provision is
similar to
proposals vetoed
in 2006 by
then-Gov. Janet
Napolitano, who
said she opposed
turning all
immigrants who
sneaked into the
state into
criminals.
Republican Jan
Brewer, former
secretary of
state for
Arizona, became
governor in
January upon the
resignation of
the Democrat
Napolitano, who
quit to head the
Homeland
Security
Department in
the Obama
administration.
Under this
year's proposed
trespassing
provision, a
first offense
would be a
top-tier
misdemeanor
punishable by up
to six months in
jail. Subsequent
violations would
be a felony that
could carry a
penalty of up to
2 1/2 years in
prison.
Agencies
arresting
first-time
offenders would
have the option
of prosecuting
them or turning
them over to
federal
authorities.
Supporters say
the measure
wouldn't
encourage racial
profiling,
because officers
would still need
probable cause
to believe
people violated
the law before
they could
arrest them.
But opponents
say such a law
would detract
from officers'
traditional
roles in
combating crimes
in their
communities.
They say
officers who
aren't schooled
in the
complexities of
immigration law
would likely
approach people
based solely on
their
appearance.
"It's almost
impossible for
it to be applied
without relying
on racial
profiling and
without
committing
egregious
errors," said
Jennifer Allen,
director of the
Border Action
Network, an
immigrant rights
group based in
southern
Arizona.
And communities
could be stuck
with legal bills
from any
mistakes made by
officers who
aren't trained
in immigration
law, said Robert
DeVries, who is
chief of police
in the western
Arizona town of
Kingman, and
also president
of the Arizona
Association of
Chiefs of
Police.
"It exposes the
community down
the line if
mistakes were to
occur," said
DeVries, whose
group opposes
the measure.
As for the
constitutionality
of the proposal,
interpretations
are mixed.
Linton Joaquin,
general counsel
for the National
Immigration Law
Center, an
advocacy group
for low-income
immigrants, said
a state can play
a part in
immigration
enforcement —
such as calling
federal
authorities when
arresting an
undocumented
immigrant on a
state criminal
violation — but
a state can't
have statutes
that are, in
effect,
immigration
laws.
But Maricopa
County Attorney
Andrew Thomas,
whose office
helped draft the
bill, said even
though the
federal
government has
authority to
regulate
immigration,
states have
broad police
powers that
allow them to
contribute to
the fight
against
undocumented
immigration.
"The argument
the states
can't do
anything to
combat
undocumented
immigration is
just wrong,"
Thomas said.