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AMP Report - April 24, 2010
Arizona Immigration law legalizes racial profiling
American Arab and Muslim civil rights advocacy groups have joined other organizations, such as the American Civil Liberties Union, the Mexican American Legal Defense Fund and the South Asian Network, in condemning the signing of Arizona Senate State Bill 1070 into law by Governor Jan Brewer. The draconian measure allows law enforcement agencies to detain anybody "if there is reason to suspect they are illegal immigrants," and requires legal immigrants to carry paperwork proving their status at all times.
Currently most immigration law is handled by the Federal government and is an administrative issue, rather than a criminal one. However this law changes that by diverting more law enforcement resources to mostly non-criminal activity meant to be handled by the Federal government.
The new Arizona Immigration legislation:
- Legalizes unchecked racial profiling by local law enforcement of anyone they "suspect" is undocumented.
- Effectively requires all immigrants, even those who are naturalized, to carry identification proving their legal residency in the U.S., and grant police officers authority to enforce federal immigration law and arrest people who cannot produce identification.
- Criminalizes all undocumented immigrants as "trespassers" in the state of Arizona and would subject all undocumented workers and their families to arrest and conviction for misdemeanors, and in some cases felony charges for the new crime of "trespass."
- Allows police officers to arrest people without a warrant, thereby undermining constitutional safeguards under the Fourth Amendment.
- Allows residents to sue cities if they believe the law is not being enforced.
The American-Arab Anti-Discrimination Committee (ADC) Legal Director, Abed Ayoub, pointed out: "To allow the use of racial profiling in law enforcement practices is both dangerous and unconstitutional. The measure signed into law by Gov. Brewer has a profound impact on not only the Latino community of Arizona, but on all individuals living in the state. This law also illustrates the pressing need for Congress, and the Obama Administration to pass comprehensive immigration reform."
The Council on American-Islamic Relations (CAIR)
In a statement, Council on American-Islamic Relations, Arizona Chapter Chairman Anas Hlayhel said the new legislation allows the use of racial profiling. “American Muslims have faced the detrimental effects of racial profiling and we stand against the broad and generalized application of this practice. Racial profiling is ineffective policing which will build distrust and fear of law enforcement in the community.”
Hlayhel went on to say that the new legislation “would impact even those community members who are legal permanent residents and naturalized citizens, because the law gives unfettered discretion to law enforcement to identify and stop those perceived to be undocumented and to arrest those who do not have proper documentation of their legal status. Such a broad law enforcement tool leaves room for stereotyping and discrimination against minorities and those perceived to 'look' undocumented."
“The repercussions of such a law would be devastating for immigrants and all communities of color in Arizona. Moreover, it will have dangerous consequences in that it will set a national precedent for state and federal law, permanently criminalizing immigrants and legalizing racial profiling by law enforcement.”
The Muslim Public Affairs Council (MPAC)
The Muslim Public Affairs Council (MPAC) expressing its concerned over the new law said:
“Muslim Americans can empathize. Under the pretext of national security and immigration, Muslim Americans have already been subject to widespread ethnic and religious profiling. During the 2004 Presidential electoral race, the Department of Homeland Security and the Federal Bureau of Investigation initiated "Operation Front Line" where over 2,000 people from Muslim-majority countries were arrested. No one was ever convicted on national security violations or terrorism charges. Instead the majority of those that ended up being deported were due to minor immigration charges.
“Such enforcement was not only a waste of national security resources, but a blatantly discriminatory action against a particular community of faith.
“Though the Arizona legislation is likely to mostly impact Latinos - whether documented or not - such an initiative is of great concern to Muslim Americans. Currently, four other states are considering passing laws similar to Arizona’s bill. This not only has the potential to greatly impact the national debate on immigration reform, but also impact other minority communities whose immigration statuses may be suspect, including Muslim Americans.
“Illegal immigration is an issue of concern to all Americans, and has important implications for our national security and sovereignty. However enlisting state and local cops to enforce administrative law in a blatantly discriminatory way is not the best way forward. Instead a more just and comprehensive solution, such as those currently being debated in Congress, are the better way to go.”
Mexican government slams Arizona immigration law
The Mexican government has bitterly criticized a tough immigration law approved this week by Arizona legislators, saying it could result in rights violations and racial profiling and affect cross-border relations.
The Associated Press quoted Mexico's Foreign Relations Department as saying that Mexico viewed the measure with great concern and said itcould have potentially serious effects on the civil rights of Mexican nationals.
"Mexico views with concern the possible negative effects the measure could have, if approved, on the development of the ties of friendship, culture, commerce and tourism that have characterized Mexico's relations with Arizona for generations," said the statement.
An estimated 11.8 million Mexicans live in the United States. A large percentage are undocumented, and Arizona has been one of the main routes for undocumented migration into the United States, the Associated Press said.
The New York Times adds:
Ironically, the Arizona Association of Chiefs of Police and several sheriffs have also come out against the bill, calling it burdensome and an intrusion into a federal matter.
According to the New York Times, most police agencies or jails here already check the immigration status of people charged with a crime, in consultation with Immigration and Customs Enforcement, but the new law would expand that power and allows the police to stop people on the suspicion of being in the country without documents.
The New York times quoted that members of the Law Enforcement Engagement Initiative, a group of police leaders pressing for a federal overhaul of immigration law, as saying that they worried that other states would copy Arizona, despite the likelihood that the law will be challenged in federal court.
“Just because it is in Arizona doesn’t mean it’s likely to remain there,” said George Gascón, the chief of the San Francisco Police Department and a former chief in Mesa, a Phoenix suburb. “We are very concerned about what could happen to public safety.”
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