Author: Erick, Patriot Fire founder (U.S.) May 20th, 2010
Unlike most protestors and politicians, I actually read the bill; it basically says the following:
1) No government official or agency can prevent the determination of a person's citizenship (i.e. Obama, Eric Holder, etc.).
2) Law Enforcement Officials must have reasonable suspicion to determine a person's citizenship status. A driver license (or spouse whom is a legal citizen and present) appears to be sufficient proof. However, this part tends to receive the most cries from critics. To be fair, their argument holds some water because no one desires to have police officers abuse their powers; but, I believe officers already had this ability to determine status, they just weren't enforcing it. This legislation basically adds a push towards that enforcement:
“FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE, WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THE PERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).”
3) When the status of a person's citizenship is determined to be unlawful, that person is then transported to “THE CUSTODY OF THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT OR THE UNITED STATES CUSTOMS AND BORDER PROTECTION.” (This does not apply to legal immigrants with visas, passports, etc.)
Penalties are also included in the bill for a first offense, with increased penalties for repeat violations.
4) Makes it illegal for anyone to stop on a public road and hire an illegal OR legal individual. Also, makes it a misdemeanor for any illegal to KNOWINGLY work or apply for work; as well as imposing penalties for the employer whom KNOWINGLY hires an illegal worker.
The bill describes the process of judging allegations of employers hiring illegal/unauthorized workers and the employer's/employee's recourse.
(Note: Employers use the E-Verify system to check on a person's citizenship status.)
5) Unlawful to KNOWINGLY move, conceal, harbor, or transport an illegal. Penalties are progressive. Also prohibits people from encouraging illegals to move to their city and/or state.
Will this legislation solve AZ's conflict? I don't know. Will unforeseen problems occur? Of course so, government is involved. But if the problem worsens, then the State must repeal or amend this legislation. After all, it is up to the people in Arizona to determine how their state functions, no one else.
I really dislike how people, especially Californians, are boycotting Arizona because of this. It's not your state, it's not your business. The people of Arizona passed this bill, not the people of California. If you don't like it, fine; don't pass a bill resembling SB1070 in your state. Simple!
State rights and state sovereignty seem to be a forgotten element of our Constitutional Republic. Before anyone protests, perhaps they should do a little more reading instead of rioting.
(Note: I am not a lawyer and my interpretation of the bill should not be considered legal advice. Feel free to do your own research!)