Legislative Finding, Case Study Example

In my opinion, the language of Section 1 of AZ SB 1070, including “compelling interest,” strongly suggests that the state will be challenged in courts because it is a violation of the 14^th Amendment, in particular, the Equal Protection Clause which provides that “no state shall…  deny to any person within its jurisdiction the equal protection of the laws.” The new legislation in Arizona is a clear violation of those principles, making it  acceptable for a law enforcement official to stop anyone that he/she  suspects might be an illegal immigrant, and there is simply no reasonable method to determine who is illegal based on their appearance.  That will translate into people being stopped simply based on racial profiling, i.e., if they have brown skin and are assumed to be from Mexico.  The law is unconstitutional because it limits the rights and movements of a group of people simply because of a suspected status, not a proven one.

In fact, people with darker complexions can be from virtually anywhere, including the United States, and may be citizens whose rights are being violated simply by the act of stopping and asking to see their papers.  American citizens do not necessarily carry around identification documents at all times, and this may result in people being detained or even temporarily put in jail while awaiting proof of their citizenship.

This law puts an extreme burden on law enforcement officials, who are forced to figure out ways to spot and detain illegal immigrants without stopping naturalized citizens, and there is simply no way to do this based on appearance.  Undoubtedly, many mistakes will be made and many lawsuits will be filed by citizens who were stopped unlawfully.  Yet how can any federal official spot who is legal vs. who is illegal?

The language of the new law does not establish “a compelling interest in the cooperative enforcement of federal immigration laws throughout all of Arizona,” because it does not define clearly what would be the dangers or disadvantages to the state if the law is not enforced.

As a result, there is no definition of the ways in which Arizona would benefit by having the law enforced, nor does it define how Arizona will be harmed if the law is not enforced.  Since

the passage of this law, there has been a huge outcry from various individuals and groups who are enraged by  what is perceived as a clear racist statute.  Since it is not supported by any concrete discussion or evidence of what is so frightening about having undocumented immigrants among the citizenry, nor how one can even identify who is illegal, it gives the appearance of simply scapegoating people of darker complexion.

This new anti- immigration law will result in many lawsuits because it discriminates against people who look different, yet may actually be American citizens or are here in the country legally.  It plays upon people’s worst fears about those who do not appear to be” one of us.”

However, nothing in this law suggests or defines how it is in the best interests of the state of Arizona to stop people at random and ask for their papers, or how it harms the state to have  undocumented workers living amongst citizens.