Russell Pearce's Immigration Laws: Ineffective Yesterday as Today

Phoenix, Arizona. Although the immigration debate in Arizona has
been boiling for a few years, the country –and part of the world–
have recently focused their eyes on Arizona due to what is not only
the most recent but also the most divisive, illegal-immigration related
state law since 1996: SB 1070.

But while SB 1070 is only one of the newest laws to supposedly
crackdown on unauthorized immigration in Arizona, this recent
legislative trend can be traced back to 1996, when individuals
without legal status were prohibited from obtaining a driver license.

Not surprisingly, the man behind that traffic-related initiative –
Republican Senator Russell Pearce– in his role as Director of the
Arizona Motor Vehicle Department, is the same individual that a
decade and a half later, now in his capacity as state legislator,
drafted and successfully rallied Senate Bill 1070 until its passage on
April 23, 2010.

The 15-year old traffic law of the Arizona Revised Status (Title 28-
3153) establishes that “a person who does not submit proof
satisfactory to the department that the applicant's presence in the
United States is authorized under federal law” cannot obtain or
renew a driver license.

Although this law prevented immigrants who could not prove a legal
status from obtaining a driver license, it did not keep them from
driving, or from getting traffic tickets. Hundreds and probably
thousands of immigrants have continued to drive in spite of this law.

As violators of the traffic law in Arizona, some of these motorists also
attend defensive driving classes every week. They go to "traffic
school" to pay their penalty fees and take care of their ticket, as any
other American citizen or lawful resident. Yes, even when they don’t
have a driver license; or a driving record for that matter.

It is a fact that undocumented traffic law offenders are not only cited
to court, fined, but also allowed to take the class even when they
don’t have a valid license. For identification purposes, they are
required to show an ID from their home countries such as driver
licenses, voter cards or consular cards issued by their country's
consulate in the U.S.

Many undocumented immigrants are pulled over by law enforcement
officers, given traffic tickets –including for driving without a driver’s
license– and given the option to attend defensive driving classes.

These drivers pay their Arizona defensive driving class fee –amounts
ranging from $160 to $250 to “dismiss” points from their inexistent
driving records. They follow the same process licensed drivers follow
to keep their records “clean” and their insurance costs down.

How many thousands and thousands of dollars has the legal system
received from individuals who, according to federal immigration laws,
are not supposed to be in the country in the first place?

This brings us to the realization that while immigrants are denied
legal immigration status and driver licenses in Arizona, they are not
questioned when it comes to receiving their money, money that
comes without doubt from earned incomes, paid by employers who
knowingly or unknowingly hired them to hold a position they are not
authorized for.

All this is evidence of a socioeconomic and legal mess that today as
yesterday proves the government and employers benefit financially
from the undocumented status of immigrants.

Russell Pearce's driver license law has not worked up from the
beginning. Immigrants without legal status may not be able to apply
and receive a driver license, but it hasn't prevented them from
driving a vehicle. This fact has been proven year after year by the
same a legal network that puts undocumented drivers through the
court system to pay fines for traffic tickets or the diversion program's
fee to attend defensive driving classes.

Pearce's delusional pattern of illegal immigration laws have not and
will not properly, effectively and fairly deal with the global
phenomenon of immigration. His current and future laws will be as
ineffective as his traffic law from 1996.

The "fear effect" of laws like SB 1070 will continue to backfire and
produce disastrous economic results in states like Pearce’s Arizona,
as blinded politicians like him continue to believe they can solve a
highly complex immigration problem, entire countries around the
world struggle with.

Russell Pearce was director of the Arizona Motor Vehicle Department from
January 1995 to August 1999. He sponsored “'96 No Driver Licenses to
illegals.”

By Eduardo Barraza February 4, 2011

The "fear effect" of laws like SB 1070
will continue to backfire and produce
disastrous economic results in states
like Pearce’s Arizona.
Photo by Eduardo Barraza | Barriozona