Arizona’s SB 1070: Politics and Consequences
Alexander Pittaro writes:
Summary of Law
With national immigration law emerging as one of the hot-button issues of 2013, now is a great time to examine the effects of more recent laws like Arizona’s SB 1070 in order to better understand immigration policy at the national level. Arizona’s controversial immigration law, Support Our Law Enforcement and Safe Neighborhoods Act (SB 1070) has been law for almost two years now. SB 1070 as policy created stricter provisions against the harboring and employment of undocumented immigrants, and made it illegal to work within Arizona without proper legal status. Additionally, the law provides local and state law enforcement officials with the ability to determine the residency status of persons by requesting any form of state or federal photo identification. The Arizona law is considered one of the most stringent state laws regarding undocumented immigrants in the country, and has inspired similar laws in states like Georgia and Alabama.
Political and Legal Views of the Law
Most of the controversy surrounding the law stems from its strict measures against undocumented immigrants and its potential to be used as a racial profiling tool. Arizona based and national critics of the law such as the American Civil Liberties Union, the National Council of La Raza, many Democratic politicians and Democratic-supportive groups believe it creates unbearable living conditions for undocumented immigrants by restricting access to jobs, housing, medical care and social services. These groups also criticize the ambiguity of the laws “reasonable suspicion” portion, fearing it will be used to harass and racially profile non-immigrants and legal immigrants alike based on the discretion of Arizona’s law enforcement officers. On the other end of the political spectrum, conservative groups and Republicans laud the strict laws, citing their desire for increased enforcement to combat undocumented immigration. They believe the benefits in terms of available jobs for non-immigrants and the social services provided to undocumented immigrants offsets the costs of enforcement, while also discouraging immigration to the United States as a whole. In June of 2012, a Supreme Court review of the law struck down provisions criminalizing undocumented immigrant in but upheld the police profiling provisions. While this invalidated a portion of the law, it left the profiling portion intact without any much judicial resolution to the political debate. The ruling also acknowledged Arizona’s right as a state to enforce its own laws within the framework of federal immigration policy, further complicating the relationship between federal and state immigration laws.
Demographic Impact
Nearly two years later, the effects of the law have been noticeable despite having some provisions invalidated by the Supreme Court. Most studies and surveys indicate a general decline in undocumented immigrant population within Arizona, both due to voluntary emigration and increased deportment through law enforcement. Most schools, churches, hospitals and other public facilities have reported a noticeable drop in the number of undocumented immigrants that use their services. A study conducted only a few months after the passage of the law revealed around 100,000 immigrants had already left the state. The Mexican government has also documented an increase in citizens returning from United States after the passage of the law. While Arizona’s economic climate could attribute for the reduction in the immigrant population rather than SB 1070, more research is needed to determine the causes. In any case, it is very likely that the new law was at least a partial factor in the reduction of immigrants in Arizona.
What’s Next?
By examining the impact of Arizona’s laws, we gain a better insight into how such policies shape demographics of states with high numbers of undocumented immigrants. While the controversy in terms of civil rights and undocumented immigrants’ status in the U.S. continues, the effects of Arizona’s SB 1070 highlight the nuanced and complex nature of the immigration issue. Now that the political climate is receptive towards comprehensive reform on immigration, it is crucial to understand what outcomes different policies can create. Through the study of these policies though, we are better equipped to handle the social, political and economic consequences any future immigration policies could create.
I just want to provide a “outsider” view on this. I think the reason of immigration is generally more complex than economic pursuit. The United States has long been perceived as the land of freedom. And the US has been actively promoting its image as a nation that sincerely care about human rights, not only within its own territory but international wise as well. This has generated a common belief among immigrants that they can achieve political freedom and obtain human rights simply by coming to the land. However, the asymmetric reality has been disappointing to the immigrants as what they thought about the US were simply illusions. So I think the fact the US has always claimed itself as the champion of human rights has an interesting effect on immigration issues as well.