State and Local Enforcement of Federal Immigration Law. The Arizona Experiment

Similar documents
HOUSE BILL 2162 AN ACT

SENATE BILL 1070 AN ACT

3 By Representatives Hammon, Collins, Patterson, Rich, Nordgren, 4 Merrill, Treadaway, Johnson (R), Roberts, Henry, Bridges,

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 S 1 SENATE BILL 604. Short Title: NC Illegal Immigration Enforcement Act. (Public) April 19, 2011

Arizona Anti-Immigrant Law: SB 1070

STATE OMNIBUS BILLS AND LAWS January 1 June 30, 2011

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 H 1 HOUSE BILL 343. Short Title: Support Law Enforcement/Safe Neighborhoods.

ANALYSIS OF 2011 LEGIS. IMMIGRATION RELATED LAWS

THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL

IMMIGRATION ENFORCEMENT 4.48 PHOENIX POLICE DEPARTMENT Rev. 08/2013 PAGE 1

76th OREGON LEGISLATIVE ASSEMBLY Regular Session. House Bill 2802 SUMMARY

Impact of Arizona v. United States and Georgia Latino Alliance for Human Rights v. Governor of Georgia on Georgia s Immigration Law 1

Senate Bill SECTION 1. The Legislature finds that when illegal immigrants have been

IMMIGRATION ENFORCEMENT

STATE OF OKLAHOMA. 1st Session of the 53rd Legislature (2011) SENATE BILL 908 By: AS INTRODUCED

PRELIMINARY ANALYSIS OF South Carolina s Senate Bill 20

workable for local governments, more enforceable for state and local police, and less burdensome for law-abiding citizens and businesses.

A comparison of 2006 Colorado immigration reform legislation to. The Georgia Security and Immigration Compliance Act [ SB 529]

SUMMARY. The Dept. of Economic Security must verify the immigration status of applicants for child welfare services and certain other public benefits.

1 SB By Senator Hightower. 4 RFD: Judiciary. 5 First Read: 13-FEB-18. Page 0

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2009 S 1 SENATE BILL 337

OVERVIEW OF CURRENT STATUS OF ALABAMA S IMMIGRATION LAW

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2005 H 1 HOUSE BILL 1018*

Alabama's Immigration Law: Version 2.0 And How It Impacts Employers

Beason-Hammon Alabama Taxpayer & Citizen Protection Act (HB56 & HB658) An Overview of Alabama s Immigration Law

SB By Senators Sanford, Beason, Brooks, Glover, French, Orr, Waggoner, and Pittman. RFD: Economic Expansion and Trade

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 2 HOUSE BILL 63 Committee Substitute Favorable 3/14/17

IN THE Supreme Court of the United States

ENR. H. B. NO Page 2

Case 2:11-cv IPJ Document 1 Filed 08/01/11 Page 1 of 45 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

CHAPTER 457. (Senate Bill 796) Vehicle Laws Motor Vehicle Accident Reports Access

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 1 HOUSE BILL 63. Short Title: Citizens Protection Act of (Public)

IC Chapter 1.3. Security Guard Agency Licensing

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA. The United States of America, No. Plaintiff, COMPLAINT

ICE. I.C.E. Under D.H.S. Customs and INS Investigations DRO

Overview of HB David Blatt Director of Public Policy Oklahoma Policy Institute

GEORGIA STATE IMMIGRANTION LEGISLATION Tips for Law Enforcement and Advocates Working With Immigrant Crime Victims

CRS Report for Congress

SURVEY OF STATE AND FEDERAL LAWS THAT REQUIRE

Cumulative Identity Theft Statutes Updated as of July 26, 2011

IMMIGRATION ENFORCEMENT

GENERAL ASSEMBLY OF NORTH CAROLINA 1995 SESSION CHAPTER 545 SENATE BILL 53

THE REGISTRATION AND IDENTIFICATION OF PERSONS ACT, 1986 ARRANGEMENT OF SECTIONS Section PART II

(Published in the Tulsa Daily Commerce & Legal News,

SECOND REGULAR SESSION [P E R F E C T E D] SENATE BILL NO TH GENERAL ASSEMBLY INTRODUCED BY SENATOR MUNZLINGER.

1 SB By Senators Orr and Holley. 4 RFD: Governmental Affairs. 5 First Read: 13-FEB-18. Page 0

Session of SENATE BILL No By Committee on Financial Institutions and Insurance 1-10

Private Investigator and Security Guard Licensing Board

INDIANA STATE IMMIGRATION LEGISLATION

Effects of Arizona v. U.S. on the Validity of State Immigrant Laws 1 By: Andrea Carcamo-Cavazos and Leslye E. Orloff

State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona s S.B. 1070

MONTPELIER POLICE DEPARTMENT

) ) ) ) ) ) ) ) ) ) ) )

Immigration-Related Document Fraud: Overview of Civil, Criminal, and Immigration Consequences

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

Senate Bill 107 Sponsored by Senator THATCHER (at the request of Rosana Sherwood) (Presession filed.)

LOCAL ENFORCEMENT RESPONSE TO ILLEGAL IMMIGRATION : GENERAL GUIDELINES

S To provide for enhanced Federal, State, and local enforcement of the immigration laws, and for other purposes.

Summary of the Reid-Schumer-Menendez Amnesty Proposal

l_132_ nd General Assembly Regular Session Sub. H. B. No

CHAPTER 17 - ARREST POLICIES Alternatives to Arrest and Incarceration Criminal Process Immigration Violations

IC Version a Chapter 15. Issuance of Restricted Driver's License Because of Hardship

IC ARTICLE 30. PRIVATE INVESTIGATOR FIRMS, SECURITY GUARDS, AND POLYGRAPH EXAMINERS. IC Chapter 1. Private Investigator Firm Licensing

FOR ORANGE COUNTY, FLORIDA AMENDED ADMINISTRATIVE ORDER GOVERNING THE CRIMINAL TRAFFIC WRITTEN PLEA BUREAU IN ORANGE COUNTY, FLORIDA

WEAPONS CARRY LICENSE APPLICATION CHEROKEE COUNTY

Weapons Carry License Application Cherokee County

Senate Bill 1008 Ordered by the Senate February 8 Including Senate Amendments dated February 8

HOUSE OF REPRESENTATIVES STAFF ANALYSIS REFERENCE ACTION ANALYST STAFF DIRECTOR

HOUSE BILL NOS. 1549, 1771, 1395 & 2366

Referred to Committee on Judiciary. SUMMARY Provides for the issuance of orders of protection relating to high-risk behavior.

1 HB By Representative Johnson (R) 4 RFD: Public Safety and Homeland Security. 5 First Read: 09-APR-15. Page 0

Be it enacted by the People of the State of Illinois,

CHAPTER 376 An Act concerning the regulation of bounty hunters and supplementing Title 45 of the Revised Statutes.

OKLAHOMA IDENTITY THEFT RANKING BY STATE: Rank 25, 63.9 Complaints Per 100,000 Population, 2312 Complaints (2007) Updated January 10, 2009

Instructions Read all instructions carefully before completing this form.

Law: Impound - Passenger Vehicle for hire (Taxicab)

Comprehensive Immigration Policy Reform: Challenges and Prospects for the Future. Rapid Rise in Settlement Since the 1970s

Drivers Privacy Protection Act 18 U.S.C et. seq. (Public Law )

Be it enacted by the General Assembly of the Commonwealth of Kentucky: Section 1. KRS is amended to read as follows:

1999 WISCONSIN ACT 109

State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona s S.B. 1070

A Bill Regular Session, 2017 HOUSE BILL 1417

Appendix V States with Involuntary Servitude Mentioned in Other Statutes

NEW YORK. New York Correction Law Article Discretionary Relief From Forfeitures and Disabilities Automatically Imposed By Law

(d) "Incarceration" and "confinement" do not include electronic home monitoring.

TRIBAL CODE CHAPTER 70 LAW AND ORDER ORDINANCE Abrogation and Greater Restrictions.

Employment Application

2017 South Carolina Bar Convention. Criminal Law Section Seminar (Part 1) Friday, January 20, 2017

State Immigration Enforcement Legal Analysis of Amended MS HB 488 (March 2012)

2016 ANALYSIS AND RECOMMENDATIONS KENTUCKY

CRIMINAL & TRAFFIC DIVISION COST SCHEDULE

Referred to Committee on Judiciary. SUMMARY Provides for the issuance of certain orders for protection. (BDR 3-839)

Passing horses or other draft animals.

State Government HB 87

New Legislation HEA HEA 1004 Continued 6/22/2011. County Council June 2011

offers the following substitute to HB 673: A BILL TO BE ENTITLED AN ACT

Part I To Be Completed by ALL Applicants

What is the current relationship like between the Canby Police Department and the Latino community?

CHAPTER Committee Substitute for House Bill No. 1301

Transcription:

International Association of Chiefs of Police, Inc. 2010 Annual Conference Orlando, FL Oct. 25th State and Local Enforcement of Federal Immigration Law The Arizona Experiment Beverly Ginn, Edwards & Ginn PC Tucson, AZ

SENATE BILL 1070 IMMIGRATION The adoption of SB 1070, described, depending on one s point of view, as either the best or the worst set of the State immigration laws adopted in the United States in recent history. Senate Bill 1070 What is known as SB 1070 is actually a blend of two legislative enactments: SB 1070, signed by the Governor on April 23, 2010 HB 2162, signed by the Governor on April 30, 2010. SB 1070 as amended: Added these new statutes to Arizona law: 11-1051 Cooperation and assistance in enforcement of immigration laws; indemnification 13-1509 Willful failure to complete or carry an alien registration document 13-2928 Unlawful stopping to hire and pick up passengers for work; unlawful application, solicitation or employment 13-2929 Unlawful transporting, moving, concealing, harboring or shielding of unlawful aliens; vehicle impoundment SB 1070 as amended Amended these existing statutes: 13-2319 Smuggling 13-3883 Arrest by officer without a warrant 23-212 Knowingly employing unauthorized aliens 23-212.01 Intentionally employing unauthorized aliens 23-214 Verification of employment eligibility 28-3511 Removal and immobilization or impoundment of vehicle 41-1724 Gang and immigration intelligence team enforcement mission fund AND OTHERS A.R.S. 11-1051 This statute is the immigration enforcement statute. It provides direction with regard to stops, detentions and arrests.

A. No official or agency of this state or a county, city, town or other political subdivision of this state may limit or restrict the enforcement of federal immigration laws to less than the full extent permitted by federal law. B. For any lawful stop, detention or arrest made by a law enforcement official or a law enforcement agency of this state or a law enforcement official or a law enforcement agency of a county, city, town or other political subdivision of this state in the enforcement of any other law or ordinance of a county, city or town or this state where reasonable suspicion exists that the person is an alien and is unlawfully present in the United States, a reasonable attempt shall be made, when practicable, to determine the immigration status of the person, except if the determination may hinder or obstruct an investigation. B. Any person who is arrested shall have the person's immigration status determined before the person is released. The person's immigration status shall be verified with the federal government pursuant to 8 United States Code section 1373(c). B. A law enforcement official or agency of this state or a county, city, town or other political subdivision of this state may not consider race, color or national origin in implementing the requirements of this subsection except to the extent permitted by the United States or Arizona Constitution. B. A person is presumed to not be an alien who is unlawfully present in the United States if the person provides to the law enforcement officer or agency any of the following: 1. A valid Arizona driver license. 2. A valid Arizona nonoperating identification license. 3. A valid tribal enrollment card or other form of tribal identification. 4. If the entity requires proof of legal presence in the United States before issuance, any valid United States federal, state or local government issued identification. Paragraph C requires notification of Customs and Border Protection once an unlawfully present alien who has been convicted of a crime is discharged from imprisonment or pays any fine that was imposed.

Paragraph D authorizes local law enforcement to transport an unlawfully present alien to a federal facility or federal transfer point. This is an effort to statutorily overrule the 9 th Circuit s opinion that Arizona peace officers do not have the authority to transport persons who are in violation of federal civil laws. Gonzales v. Peoria, 722 F.2d 468 (9 th Cir. 1983) E. In the implementation of this section, an alien's immigration status may be determined by: 1. A law enforcement officer who is authorized by the federal government to verify or ascertain an alien's immigration status. 2. The United States immigration and customs enforcement or the United States customs and border protection pursuant to 8 United States Code section 1373(c). This was interesting, because Washington would not allow ICE or CBP to work with Arizona law enforcement on implementation of SB 1070. F. Except as provided in federal law, officials or agencies of this state and counties, cities, towns and other political subdivisions of this state may not be prohibited or in any way be restricted from sending, receiving or maintaining information relating to the immigration status, lawful or unlawful, of any individual or exchanging that information with any other federal, state or local governmental entity for the following official purposes: 1. Determining eligibility for any public benefit, service or license provided by any federal, state, local or other political subdivision of this state. 2. Verifying any claim of residence or domicile if determination of residence or domicile is required under the laws of this state or a judicial order issued pursuant to a civil or criminal proceeding in this state. 3. If the person is an alien, determining whether the person is in compliance with the federal registration laws prescribed by title II, chapter 7 of the federal immigration and nationality act. 4. Pursuant to 8 United States Code section 1373 and 8 United States Code section 1644. H. A person who is a legal resident of this state may bring an action in superior court to challenge any official or agency of this state or a county, city, town or other political subdivision of this state that adopts or implements a policy that limits or restricts the enforcement of federal immigration laws, including 8 United States Code sections 1373 and 1644, to less than the full extent permitted by federal law. Paragraphs I-K: Penalty $500 - $5000 per day, payable to State gang and immigration task force. Plus costs and attorneys fees. Officer indemnified for costs and expenses, except if acting in bad faith. New Criminal Laws L. This section shall be implemented in a manner consistent with federal laws regulating immigration, protecting the civil rights of all persons and respecting the privileges and immunities of United States citizens. 13-1509 Willful failure to complete or carry alien registration document 13-2928 Unlawful stopping to hire and pick up passengers for work; unlawful application solicitation or employment 13-2929 Unlawful transporting, moving, concealing, harboring or shielding of unlawful aliens; vehicle impoundment

A.R.S. 13-1509 Willful failure to complete or carry alien registration document A. In addition to any violation of federal law, a person is guilty of willful failure to complete or carry an alien registration document if the person is in violation of 8 USC 1304(e) or 1306 (a). F. This section does not apply to a person who maintains authorization from the federal government to remain in the United States. A.R.S. 13-1509 Willful failure to complete or carry alien registration document 8 U.S.C. 1304 (e) requires all registered aliens age 18 or older to carry, at all times, his or her certificate of alien registration or alien registration receipt card. Elements of 8 U.S.C. 1304(e) 1. An alien 2. Who registers 3. Who is 18 years of age or older 4. And fails to carry registration or registration card A.R.S. 13-1509 Willful failure to complete or carry alien registration document An arrest under A.R.S. 13-1509 for a violation of 8 U.S.C. 1304 (e) may only be made when: 1. Person is an alien who has registered 2. and who has remained in the country beyond the time or conditions authorized by their registration 3. and who is not carrying his or her registration documents. For example, a person who comes into the country on a student visa which is now expired and who does not have that visa in his or her possession. A.R.S. 13-1509 Willful failure to complete or carry alien registration document 8 U.S.C. 1306 (a) makes it a federal crime for an alien who is required to register and be fingerprinted to willfully fail to register or be fingerprinted. An alien is required to register if the alien is 14 years of age or older, not registered and in the United States 30 days or longer. If the alien is under 14, the parent has the legal responsibility to register the child. Elements of 8 U.S.C. 1306 (a) 1. An alien 2. Who is 14 or older 3. In the U.S. more than 30 days 4. Willfully 5. Fails to register or register child under 14 CHECK WITH THE LOCAL MISDEMEANOR PROSECUTOR FOR THE REQUIRED PROOF. A.R.S. 13-2928 Unlawful stopping to hire and pick up passengers for work A. Applies to a vehicle occupant 1. Stopping on a street, roadway or highway 2. To attempt to hire, or to hire and pick up passenger 3. For work at a different location 4. If the motor vehicle blocks or impedes the normal movement of traffic Officers should note that this subsection applies to all persons, without regard to immigration status. A.R.S. 13-2928 Unlawful stopping to hire and pick up passengers for work B. Applies to a worker getting hired on the street 1. Entering a motor vehicle 2. That is stopped on a street, roadway or highway 3. In order to be hired by an occupant of the vehicle 4. To be transported to work at a different location 5. If the motor vehicle blocks or impedes the normal movement of traffic Officers should note that this subsection applies to all persons, without regard to immigration status.

A.R.S. 13-2928 Unlawful stopping to hire and pick up passengers for work C. Applies to a worker who is applying, soliciting, working 1. Is unlawfully present in the US 2. Is an unauthorized alien (does not have the legal right or authorization under federal law to work) 3. Knowingly applies for work, solicits work in a public place, or performs work as an employee or independent contractor in this state D. Officers may not consider race, color or national origin in the enforcement of this section except as previously discussed. E. Immigration status is to be determined by ICE, CBP, or a 287g certified officer. F. Class 1 misdemeanor A. If a person is in violation of a criminal law and transports, conceals or encourages as follows: 1. Transporting with knowledge a. Transports or moves, or attempts to transport or move b. An alien c. In furtherance of the illegal presence of the alien d. In a means of transportation e. If the person knows or recklessly disregards that the alien has come to, entered or remained in the US in violation of law A. If a person is in violation of a criminal law and transports, conceals or encourages as follows: 2. Concealing with knowledge a. Conceals, harbors or shields or attempts b. An alien c. From detection in any place d. If the person knows or recklessly disregards that the alien has come to, entered or remained in the US in violation of law A. If a person is in violation of a criminal law and transports, conceals or encourages as follows: 3. Encourages a. Encourages or induces b. An alien c. To come to or reside in this state d. If the person knows or recklessly disregards that such coming to, entering or residing in this state is or will be in violation of law A means of transportation used in the commission of this section is subject to impoundment under 28-3511. Officers may not consider race, color or national origin in the enforcement of this section except as previously discussed. Exceptions: CPS workers, persons acting as first responders, ambulance attendants, EMT s. Immigration status is to be determined by ICE, CBP, or a 287g certified officer. Class 1 misdemeanor; if there are more than 10 aliens the violation is a class 6 felony. Training and implementation The Governor directed AZPOST to provide training for all Arizona peace officers by the effective date of the law (July 29, 2010). AZPOST immediately decided to do the training by video. The video is available on the internet. http://www.azpost.state.az.us/sb1070infocen ter.htm

Training Most officers watched the video and reviewed the handouts which were made available Many attended training done by police attorneys Most of 11-1051 was enjoined by the federal district court on 7/28, the day before the new law was to become effective. How effective was the video? http://www.thedailyshow.com/watch/thu-july- 8-2010/latino-911- PREGUNTAS? Bev. Ginn Edwards & Ginn, P.C. 520.444.4469 bevginn@gmail.com