An Arizona Injustice: SB 1070
The wave of anti-immigrant, anti-Hispanic laws, rules and attitudes sweeping Arizona has created an
atmosphere of hostility and fear.
atmosphere of hostility and fear.
By Dr. Ed Valenzuela - Social Commentary
Phoenix, Arizona. May 14, 2010. In April 2010, a controversial piece of legislation was proposed and
considered by the members of the Arizona State Legislature. During deliberation of the SB 1070, there
was an outcry from many sectors of the community opposing the law and predicting a result of
unfairness, injustice, and discrimination under color of law.
Passage of this law by the Arizona Legislature and approval by Governor Jan Brewer has ignited a
contentious, chaotic, and polarizing controversy in Arizona and across the nation.
The law would require police officers on the street to confront any person who “looks like an illegal
immigrant” to produce identification and proof of legal residence in the state. Failure by the law
enforcement officers to take such action could result in any person to file a lawsuit against the officer.
The law would require local police departments to arrest and process the “suspect” through their jail at
their expense instead of through the federal immigration agency.
Many perceive the ill-conceived law as an intentional effort to target the most vulnerable and innocent
members of our society in order to advance the political aspirations and agendas of certain conservative
legislators in Arizona. Undocumented residents, legal alien residents and Hispanic American citizens will
be the most adversely impacted.
On Thursday, May 6, 2010, a 44-year-old Hispanic resident of Phoenix, Juan Varela, was shot and killed
by a White neighbor, Gary Kelley. Varela's brother, Antonio, stated that he was also threatened by the
neighbor who pointed the gun at him. It was reported that Kelley had yelled racial slurs, telling Varela to
"go back to Mexico!" Is this what can be expected as a result of the odious legislation?
Numerous community, congressional, religious, national organizational, business, civil and human rights
and refugee leaders have expressed serious concern. National voices representing the American Civil
Liberties Union, sports, entertainment, and tourist representatives and legal groups have echoed a
dismal economic and scarring outcome.
A number of Hispanic and other minority community leaders in Phoenix, Maricopa and Pima Counties and
throughout the state are claiming that the new state immigration law has more than a chilling effect on
individuals and families.
They have cited instances where families have abandoned the homes- some homes were being
purchased - for fear of apprehension, separation from their families, and deportation. Others have voiced
concern that landlords will increase harassment and intimidation and use the new law as a reason to
evict them and remove their families. Hispanic citizens and legal resident immigrants alike have
expressed concern regarding the stability of their jobs, losing their housing and the negative impact on
their children, because of nervous employers, landlords, and school administrators.
The wave of anti-immigrant, anti-Hispanic laws, rules and attitudes sweeping Arizona has created an
atmosphere of hostility and fear. The environment of polarization, tension, and separation affects many
Arizona residents. New state laws prohibit schools from offering Mexican American and other ethnic
studies; schools will also be ordered to fire teachers who speak with accents.
This has heightened the sense of a political plan to conduct ethnic cleansing in this border state with
Mexico.
The Arizona immigration law incorporates the use of local police to enforce its provisions on the streets.
SB 1070 requires police to independently decide whom to stop, question, and arrest if they suspect the
person is an illegal immigrant. Many community members believe the anti-immigrant sentiment will carry
over to housing officials, landlords, and school administrators who feel that the law will jeopardize their
own jobs, or allow them to take their own action to support, endorse or enforce the new law against
immigrants.
Various attorneys conducting a legal review and interpretation of SB l070, indicate that implementation
and enforcement of the law will require police to stop, interrogate, and arrest individuals who are
suspected of committing crimes, and municipal code infractions such as violation of building and rental
codes, allowing overgrown weeds on property, having barking dogs, and violating rental provisions.
While the effective date of the law is in July or August, there are reports of anticipatory negative impact
on many residents, some who are preparing to move to California, New Mexico, or other states. Reports
have been received of Hispanic tenants declining to leave their units for fear of apprehension by police.
Others claim immigrants are fearful of reporting crime as victims or witnesses. They are afraid to complain
of unlawful or inappropriate treatment by landlords, employers, school officials, or the police.
While SB.1070 is entitled “Support Our Law Enforcement and Make Safe Neighborhoods,” opponents,
including chiefs of police, allege the law does nothing to address or secure our borders; it does nothing
to relieve economically depressed Arizona towns, cities, and counties. It does not Support Our Law
Enforcement and Make Safe Neighborhoods. It undermines the trust between police and the community.
Crimes had already been decreasing in Arizona. It places undue burdens on law enforcement agencies to
now enforce federal laws without appropriate funding for the costs and expenses involved. It wrongfully
presumes that all immigrants or "immigrant looking" residents are predators or criminals.
Police officers in Tucson and Phoenix have filed lawsuits alleging that under the law they will be required
to ask children who they have "reasonable suspicion" of being in this country illegally for identification
and papers to prove their citizenship. They claim that few children carry identification and none carry
proof of US. Citizenship. The new law will require them to arrest the children or face charges of
insubordination or be subjected to a lawsuit by any person for not enforcing the new law.
A coalition of religious leaders, the ACLU, and the Mexican American Legal Defense and Education Fund
(MALDEF) have filed lawsuits opposing the law alleging violations of the Fourteenth Amendment,
constitutional provisions against unreasonable search and seizure, federal supremacy provisions, and
civil rights laws prohibiting unlawful racial profiling.
United Nations Human Rights experts say SB 1070 may violate UN international standards regarding
basic human rights binding regulations to which the US is signatory.
Preliminary reports indicate substantial boycotting of national conventions and conferences in Arizona will
cost over 90 million dollars to the state's economy. (Including the National Annual Republican
Convention) This revenue shortfall will eventually have an adverse impact on all the people living in
Arizona.
Recent estimates indicate that about 100,000 tax-paying undocumented immigrants have left the state
because of the hostile environment. Phoenix Mexican Consul General Victor Manuel Trevino Escudero
estimates there are 700,000 to 750,000 Mexicans living in Arizona, indicating there remains a constant
inflow of motivated individuals seeking employment and an improved quality of life in Arizona.
It is important to note that a handful of anti-Hispanic legislators conspiring with the un-elected governor
have created a chaotic situation that will harm millions of Arizona residents who vigorously oppose the
misconceived, misguided, unnecessary, and ugly legislation!
considered by the members of the Arizona State Legislature. During deliberation of the SB 1070, there
was an outcry from many sectors of the community opposing the law and predicting a result of
unfairness, injustice, and discrimination under color of law.
Passage of this law by the Arizona Legislature and approval by Governor Jan Brewer has ignited a
contentious, chaotic, and polarizing controversy in Arizona and across the nation.
The law would require police officers on the street to confront any person who “looks like an illegal
immigrant” to produce identification and proof of legal residence in the state. Failure by the law
enforcement officers to take such action could result in any person to file a lawsuit against the officer.
The law would require local police departments to arrest and process the “suspect” through their jail at
their expense instead of through the federal immigration agency.
Many perceive the ill-conceived law as an intentional effort to target the most vulnerable and innocent
members of our society in order to advance the political aspirations and agendas of certain conservative
legislators in Arizona. Undocumented residents, legal alien residents and Hispanic American citizens will
be the most adversely impacted.
On Thursday, May 6, 2010, a 44-year-old Hispanic resident of Phoenix, Juan Varela, was shot and killed
by a White neighbor, Gary Kelley. Varela's brother, Antonio, stated that he was also threatened by the
neighbor who pointed the gun at him. It was reported that Kelley had yelled racial slurs, telling Varela to
"go back to Mexico!" Is this what can be expected as a result of the odious legislation?
Numerous community, congressional, religious, national organizational, business, civil and human rights
and refugee leaders have expressed serious concern. National voices representing the American Civil
Liberties Union, sports, entertainment, and tourist representatives and legal groups have echoed a
dismal economic and scarring outcome.
A number of Hispanic and other minority community leaders in Phoenix, Maricopa and Pima Counties and
throughout the state are claiming that the new state immigration law has more than a chilling effect on
individuals and families.
They have cited instances where families have abandoned the homes- some homes were being
purchased - for fear of apprehension, separation from their families, and deportation. Others have voiced
concern that landlords will increase harassment and intimidation and use the new law as a reason to
evict them and remove their families. Hispanic citizens and legal resident immigrants alike have
expressed concern regarding the stability of their jobs, losing their housing and the negative impact on
their children, because of nervous employers, landlords, and school administrators.
The wave of anti-immigrant, anti-Hispanic laws, rules and attitudes sweeping Arizona has created an
atmosphere of hostility and fear. The environment of polarization, tension, and separation affects many
Arizona residents. New state laws prohibit schools from offering Mexican American and other ethnic
studies; schools will also be ordered to fire teachers who speak with accents.
This has heightened the sense of a political plan to conduct ethnic cleansing in this border state with
Mexico.
The Arizona immigration law incorporates the use of local police to enforce its provisions on the streets.
SB 1070 requires police to independently decide whom to stop, question, and arrest if they suspect the
person is an illegal immigrant. Many community members believe the anti-immigrant sentiment will carry
over to housing officials, landlords, and school administrators who feel that the law will jeopardize their
own jobs, or allow them to take their own action to support, endorse or enforce the new law against
immigrants.
Various attorneys conducting a legal review and interpretation of SB l070, indicate that implementation
and enforcement of the law will require police to stop, interrogate, and arrest individuals who are
suspected of committing crimes, and municipal code infractions such as violation of building and rental
codes, allowing overgrown weeds on property, having barking dogs, and violating rental provisions.
While the effective date of the law is in July or August, there are reports of anticipatory negative impact
on many residents, some who are preparing to move to California, New Mexico, or other states. Reports
have been received of Hispanic tenants declining to leave their units for fear of apprehension by police.
Others claim immigrants are fearful of reporting crime as victims or witnesses. They are afraid to complain
of unlawful or inappropriate treatment by landlords, employers, school officials, or the police.
While SB.1070 is entitled “Support Our Law Enforcement and Make Safe Neighborhoods,” opponents,
including chiefs of police, allege the law does nothing to address or secure our borders; it does nothing
to relieve economically depressed Arizona towns, cities, and counties. It does not Support Our Law
Enforcement and Make Safe Neighborhoods. It undermines the trust between police and the community.
Crimes had already been decreasing in Arizona. It places undue burdens on law enforcement agencies to
now enforce federal laws without appropriate funding for the costs and expenses involved. It wrongfully
presumes that all immigrants or "immigrant looking" residents are predators or criminals.
Police officers in Tucson and Phoenix have filed lawsuits alleging that under the law they will be required
to ask children who they have "reasonable suspicion" of being in this country illegally for identification
and papers to prove their citizenship. They claim that few children carry identification and none carry
proof of US. Citizenship. The new law will require them to arrest the children or face charges of
insubordination or be subjected to a lawsuit by any person for not enforcing the new law.
A coalition of religious leaders, the ACLU, and the Mexican American Legal Defense and Education Fund
(MALDEF) have filed lawsuits opposing the law alleging violations of the Fourteenth Amendment,
constitutional provisions against unreasonable search and seizure, federal supremacy provisions, and
civil rights laws prohibiting unlawful racial profiling.
United Nations Human Rights experts say SB 1070 may violate UN international standards regarding
basic human rights binding regulations to which the US is signatory.
Preliminary reports indicate substantial boycotting of national conventions and conferences in Arizona will
cost over 90 million dollars to the state's economy. (Including the National Annual Republican
Convention) This revenue shortfall will eventually have an adverse impact on all the people living in
Arizona.
Recent estimates indicate that about 100,000 tax-paying undocumented immigrants have left the state
because of the hostile environment. Phoenix Mexican Consul General Victor Manuel Trevino Escudero
estimates there are 700,000 to 750,000 Mexicans living in Arizona, indicating there remains a constant
inflow of motivated individuals seeking employment and an improved quality of life in Arizona.
It is important to note that a handful of anti-Hispanic legislators conspiring with the un-elected governor
have created a chaotic situation that will harm millions of Arizona residents who vigorously oppose the
misconceived, misguided, unnecessary, and ugly legislation!
| Hispanic Institute of Social Issues © 2006-2011 All rights reserved. webmaster@hisi.org |
Dr. Ed Valenzuela is the Executive Director for the Arizona
Fair Housing Center, and Member of the Board of Directors of
the National Fair Housing Alliance.
E-mail: dredv@aol.com
Fair Housing Center, and Member of the Board of Directors of
the National Fair Housing Alliance.
E-mail: dredv@aol.com
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AGAINST SB 1070 This law has
heightened the sense of a political
plan to conduct ethnic cleansing in
this border state with Mexico.
Photo by Eduardo Barraza/Barriozona
heightened the sense of a political
plan to conduct ethnic cleansing in
this border state with Mexico.
Photo by Eduardo Barraza/Barriozona
Published by the Hispanic Institute of Social Issues in Phoenix, Arizona
|
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