Arizona's Controversial Immigration Bill SB1070 - Our Nation Divided

One of the most controversial provisions in ArizonaArgument that the new state crime of being an illegal
Senate bill SB1070 made being an illegal immigrant aimmigrant is necessary because violent crimes have
state crime. That provision was struck down lastincreased is not supported by the Uniform Crime
month, and an appeal by the State is pending.Reporting (UCR) Crimes History published by the City
Before the bill reached the floor of the Arizonaof Phoenix. While Phoenix's population has increased
Senate, local law enforcement was alreadyfrom 1,276,510 in 1999 to 1,679,895 in 2009, crime
conducting random immigrations sweeps. Supportershas decreased from 94,880 to 74,786, respectively.
of the immigration sweeps argue that all illegal aliensViolent and property crimes which previously peaked
should be detained because it is unequivocally a crimeat 110,423 in 2002 have reduced over 25%. Further,
to be in the country illegally. Anticipating that SB1070the nonpartisan Immigration Policy Institute found
would duly authorize law enforcement to arrestthat (1) crime rates have been falling in Arizona for
people for the new state crime of being an illegalyears "despite the presence of unauthorized
immigrant, new tents were erected in the Maricopaimmigrants, and (2) "a century's worth of research
County jail to house illegal immigrant detainees.has demonstrated that immigrants are less likely to
Associated Press reported that spots were made forcommit crimes or be behind bars than the native
1,000 additional prisoners and more tents could beborn."
added as necessary to house those newly arrestedWhile the Courts determine the fate of the
of the state crime.controversial SB1070 provision, Arizona law
Opponents, on the other hand, view construction ofenforcement continues to detain illegal immigrants at
the new tents as further evidence that SB1070 wasthe local level by charging them with the felony crime
intended to target Mexican immigrants. Othersof "Conspiracy to Commit Human Smuggling and
equate the tents to random immigration sweeps: aConspiracy," for having transported themselves
squandering of county resources. They argue that ifillegally into the United States. Although being an illegal
the United States Border Patrol has the resourcesimmigrant is not yet an official state crime, it is
and jurisdiction to prosecute the federal crime ofidentified as a "crime" on the Maricopa county web
being in the United States illegally, then countypage. At individuals can search "MugShots" by type of
resources should be ear-marked for crimes undercrime, including "Illegal Immigrants."
Arizona state laws or local ordinances - not federalFor now, it appears that the citizens of Arizona and
crimes. The constitutionality of the randomthe United States will remain sharply divided on
immigrations sweeps is still under investigation by theSB1070. Hopefully the Courts will shed some much
U.S. Department of Justice.needed clarity on this controversy.