On April 23, 2010 Arizona Governor Jan Brewer signed Senate Bill 1070, a law that states “...the intent of this act is to make attrition through enforcement the public policy of all state and local government agencies in Arizona. The provisions of this act are intended to work together to discourage and deter the unlawful entry and presence of aliens and economic activity by persons unlawfully present in the United States.” This law arose out of many years of state frustration that the federal government would not uphold its’ responsibility to protect the United States’ borders.
Title 8 of the United States Code outlines the federal law regarding illegal aliens. “The Secretary of Homeland Security shall be charged with the administration and enforcement… the power and duty to control and guard the boundaries and borders of the United States against the illegal entry of aliens…” (Subchapter I). This law was enacted to aide in securing the borders and to protect the citizens of the United States.
To enforce the federal law, AZ SB 1070 was purposefully constructed to mirror the federal law. The Arizona border is not just a state border- it is also a United States border. According to South Carolina Senator Lindsey Graham, the federal government should be enforcing border protection. However, the Obama administration has cut the number of border patrol agents and taken a lackadaisical attitude on border security. President Barak Obama says his administration is examining the Arizona law and border security is, inherently, a federal issue.
The author of the bill is a native Arizonian, Russell Pearce. Pearce wrote the bill in accordance with the United States Constitution as well as the US Code. As long as the federal law is not abridged, Arizona can enforce its own law, according to the Supremacy Clause of the US Constitution. On July 29, 2010 the law will be enacted. Although the bill is controversial, this is the proper definition of AZ SB 1070.
References:
Flag photograph. Retrieved on June 15, 2010 from flickr from Yahoo.
“Obama’s Immigration Endgame” Video. Retrieved on June 15, 2010 from http://www.foxnews.com/search-results/search?q=lindsey+graham.
On the Record with Greta Van Susteren, interview with Lindsey Graham. Retrieved on June 15, 2010 from http://www.foxnews.com/search-results/search?q=lindsey+graham.
State of Arizona Senate Bill 1070 (Arizona legislature).
United States Code. Cornell University Law School. Retrieved on June 15, 2010 from http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001103----000-.html.
Excellent review of Arizona's law and the politics surrounding it.
ReplyDeleteSteve Boreman, Esq.
Hooray for Arizona! It's great that a woman had the cojones to sign this into law, thanks Governor Brewer. Thank you Russell Pearce for your dedication, research and time to write the bill. Now let's implement, my papers are ready at your request, just as my shoes are ready to come off at the airport.
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