What are The Myths and Facts Regarding SB 1070
SB 1070, which was amended by House Bill 2162, is one of the country’s toughest anti-illegal immigration laws to pass. Furthermore, other states have now piggybacked on the boldness of Arizona to enact similar laws. However, many fear SB 1070 because they do not readily understand how the law works. Therefore, anyone facing immigration issues, concerns about their visas, or seeking asylum should be aware of the myths and facts regarding SB 1070; this often-exaggerated law.
Myth 1: SB 1070 Gives Law Enforcement Powers to Pull People Over Just for Immigration Verification
This is untrue. Law enforcement cannot pull a person over, regardless of whether they suspect they are an illegal immigrant or not. Instead, law enforcement must adhere to the requirements of ARS Section 11-1051(b) and have reasonable suspicion that the individual is breaking the law before stopping them.
Reasonable suspicion, as defined by the United States Supreme Court, is a standard used in most states to determine what is a lawful detention and what is not.
Myth 2: SB 1070 Sets the Groundwork to Legalize Racial Profiling
While it might seem SB 1070 was created to legalize racial profiling, it was the opposite. Both pieces of legislature strictly prohibit any use of racial profiling, including the use of race, color, nationality, or religion.
Myth 3: Police Officers Can Check a Person’s Status at Any Time
Individual officers are not there to enforce federal immigration laws, and they are only required to check a person’s immigration status when practicable. Therefore, they cannot check a person’s immigration status if they are not breaking the law. If you were pulled over without cause, the officer does not have the right to check your immigration status.
Myth 4: SB 1070 Forces Immigrants to Carry their Papers
While the law does have such statements, it is a federal law that requires you to take your immigration documentation. Therefore, you must carry your green card, or you will be in violation of federal codes and will face misdemeanor charges and fines if you fail to carry your card at all times.
SB 1070 is not as powerful as many think. However, that does not mean law enforcement will not attempt to skirt the line and push boundaries to arrest illegal immigrants without justification.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Myths and Facts Regarding SB 1070, or other Immigration Law matters, please feel free to contact Phil D. Ortega at 480.461.5330, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.