Posted by Administrator
, on 26. November 2011 01:33
CLEVELAND, OHIO - Immigration has been a hot button in Congress for many years and states are frustrated over their inaction to pass comprehensive federal immigration legislation. So Arizona, Georgia, Utah, South Carolina, Indiana, Tennessee and Alabama have passed their own.
"Illegal immigrants are an easy group to target because they don't have a voice in government," said fiance visa lawyer Jonathan Bartell. "Painting illegals as the enemy is an easy move for these states. They are out of line and pushing constitutional boundaries."
Over the next several weeks, H1B lawyer Jonathan Bartell will focus on these states' controversial immigration laws. In part two of this seven-part series, we're looking at Arizona's law.
In April 2010, Arizona passed the nation's toughest law on illegal immigration-at the time - which prompted debate and lawsuits by the Justice Department and numerous civil rights groups.
The law, introduced as Arizona's Senate Bill 1070, was to be put into effect in July 2010:
- All aliens over the age of 14 who remain the U.S. for longer than 30 days must register with the U.S. government, and have registration documents in their possession at all times.
- It is a misdemeanor crime for an alien to be in Arizona without carrying the required documents.
- State and local law enforcement officials may reasonably attempt to determine the immigration status of a person involved in a lawful stop, detention or arrest where reasonable suspicion exists that the individual is an illegal immigrant.
- State or local officials or agencies are barred from restricting enforcement of federal immigration laws.
- Immigration status is to be verified with the federal government for anyone who is arrested.
- Penalties are imposed on those sheltering, hiring or transporting illegal aliens.
Just days before the law was to be enforced, a federal district court judge struck down its most controversial sections, which called for officers to check a person's immigration status while enforcing other laws, and that required immigrants to carry their papers at all times.
"If this law were to go into effect I think it would create profiling and minimize the protections we are provided under the U.S. constitution to be free from unlawful stopping by law enforcement," said the immigration asylum lawyer.
"This law could cause legislation supporting groups to seek out and find illegal aliens and possibly hurt them. Do we really want a world where we allow police officers to stop and question every single brown-skinned individual they deem fit? I certainly don’t. We are traveling down a slippery slope that goes beyond the immigration world."
Since blocking the provisions, Arizona legislators have been back in the courtroom, but the law has still not taken affect. With the recent passage of Alabama's immigration law, which is now considered the toughest anti-immigration law in the U.S., Arizona legislators are lobbying even harder than ever to pass their law.
"Arizona's law may not be as encompassing as Alabama's, but similar problems will still be created if it ever passes," said the consular processing lawyer. "Despite its blockage, I think politicians will continue to try and pass these types of laws because it stirs up the voting public and in turn they gain attention."
Immigrants should contact an attorney to fully discuss the possibilities of correcting their unlawful status, said the cancellation of removal specialist. You have rights whether you are here legally or not and you should know them before this law progresses any further.
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