Foreign Policy Blogs

Arizona’s New Immigration Law: Understanding Its Implications

Last week Arizona’s governor, Jan Brewer, signed into law what are now the country’s harshest measures for responding to irregular (often referred to as illegal) immigration. The state has 90 days to put the law into effect. In summary, it has four main provisions:

– it is a crime to be in the state without documentation (of citizenship or legal immigration status)
– the police must question anyone who they are suspicious is in the state illegally
– it is against the law to hire or transport day laborers who are undocumented
– the public can bring lawsuits against the government if they believe that the immigration law is not being enforced

While the issue of undocumented immigration in the United States is a concern, these measures contradict some of the country’s core values. First, people living in the US are not required to carry identification at all times, something that is and has been required in many other countries (e.g. South Africa under apartheid.) Second, the Arizona law makes profiling much more likely, whether based on race, ethnicity or a person’s accent. This is clearly a backwards step.

What is happening in response? Major rallies and vigils against the law have been held in Arizona, and one police officer in Tucson, Martin Escobar, filed a lawsuit to challenge its provisions. Eric Holder, the US Attorney General, may also oppose the law (remember, immigration regulation is the jurisdiction of the federal government) . On the other hand, polls show that 60% of US voters are in favor of a law enabling police to question suspected illegal immigrants.

Yesterday legislators in Arizona made some modifications to the law. As reported on National Public Radio, these included a restriction that race not be used as the only reason for police to require paperwork. At the same time, the police are required to check immigration status even when responding to small infractions like responding to a complaint about loud music at a party. (There are already cases of deportation taking place when undocumented immigrants failed to properly stop at a traffic light or jaywalked.)

What appears to be a positive outcome of Governor Brewer’s action? The issue of immigration is once again on the public’s radar screen. Congress is discussing plans for legislation, and the media is now focusing its 24-hour news cycle on the issue. Regardless of one’s position, most can agree that the current system is not working – there is the need for immigration reform.

 

Author

David D. Sussman

David D. Sussman is currently a PhD Candidate at the Fletcher School of Law and Diplomacy (Tufts University), in Boston, Massachusetts. Serving as a fellow at the Feinstein International Center, he was awarded a Fulbright Scholarship to study the lives of Colombian refugees and economic migrants in Caracas, Venezuela. David has worked on a variety of migrant issues that include the health of displaced persons, domestic resettlement of refugees, and structured labor-migration programs. He holds a Masters in International Relations from the Fletcher School, where he studied the integration of Somali and Salvadoran immigrants. David has a B.A. from Dartmouth College and is fluent in Spanish. He has lived in Colombia, Honduras, Nicaragua, Mexico and Venezuela, and also traveled throughout Latin America. In his free time David enjoys reading up on international news, playing soccer, cooking arepas, and dancing salsa casino. Areas of Focus: Latin America; Migration; Venezuela.