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Five things to read on the one-year anniversary of SB 1070

Protesters outside the Arizona State Capitol, April 23, 2010

A year ago Saturday, Arizona Gov. Jan Brewer signed into law the controversial measure known as SB 1070. Among other things, this stringent anti-illegal immigration law was to empower local police to check the immigration status of people they stopped if there was “reasonable suspicion” to believe they were in the country illegally, make it necessary for immigrants to carry their documents, and made it difficult to hire or work as a day laborer.

Numerous parties filed suit, including the federal government on the grounds that the measure was pre-empted by federal law. The law’s most contested provisions were blocked by a federal judge on the eve of its implementation last July 29, though many provisions – including the day labor portion – still went into effect. People protested and an economic boycott of the state ensued. Still, even as parts of SB 1070 remained hung up in court, it could be said that the law set the stage for the tone of immigration politics during the year that followed.

Over the past several days there have been countless news reports and opinions published surrounding the one-year anniversary of what has been the most controversial state immigration measure since 1994′s failed Proposition 187 in California. Here are a few interesting ones:

  • The Arizona Republic had a one-year-later report accompanied by a comprehensive timeline listing important milestones in the life of the Arizona law so far.
  • A piece in New American Media explored the strengthening of immigrant networks in the state, although some fed-up Latinos have left Arizona since the law went into effect.
  • In an interview last week with the Arizona Daily Star, Brewer and SB 1070 sponsor state Sen. Russell Pearce talked about why they believe the embattled law has still been a success; Pearce said undocumented immigrants are “leaving in caravans.”
  • The advocacy journalism website ColorLines pointed out in a piece that while much of the spotlight was on Arizona after SB 1070, it’s the federal government that has been carrying out record numbers of deportations.
  • Earlier this month, after the U.S. Ninth Circuit Court of Appeals upheld last July’s federal ruling blocking parts of the law, a post on Multi-American looked at how no matter where SB 1070 winds up in court, it already has left its mark on immigration politics.

There have also been some good radio reports on SB 1070, including a special report last Friday from Phoenix’s KJZZ on the law and its aftermath in the state. NPR’s “All Things Considered” also recapped a year of SB 1070 last week.

Whatever comes of SB 1070, the law has left its mark on immigration politics

Photo by Leslie Berestein Rojas/KPCC

Protesters rally across the street from the downtown Phoenix office of Maricopa County Sheriff Joe Arpaio last July 29, the day that parts of SB 1070 went into effect.

The Arizona law that became one of last year’s biggest immigration stories has been shot down in federal appeals court, at least for now. Yesterday, a judge in the U.S. Ninth Circuit Court of Appeals upheld a lower court judge’s decision from last summer to block several of the most controversial components of SB 1070, among them a provision empowering local police to check for immigration status given “reasonable suspicion” that someone may be in the country illegally.

It’s still not clear how the state will appeal the latest decision, though it most likely will. In the past, Arizona Gov. Jan Brewer has vowed to take the state’s case to the federal Supreme Court. But whatever becomes of SB 1070, parts of which have been in effect since July 29, the law has already had a lasting effect on the state of immigration politics in the U.S.

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Top five immigration stories of 2010, #1: Arizona’s SB 1070

Photo by Leslie Berestein Rojas/KPCC

Protesters rally across the street from the downtown office of Maricopa County Sheriff Joe Arpaio in Phoenix on July 29, the day that SB 1070 was partially implemented in Arizona.

It’s been a year in which immigration has played a part in everything from the economy and the 2010 census to the California governor’s race, making it tough to limit the year’s biggest immigration stories to a list of only five. The stories we have reviewed this week have included the tragic massacre of migrants near the Texas border in Tamaulipas, which highlighted just how dangerous clandestine passage to the United States has become; the record number of deportations under the Obama administration, part of an enforcement trade-off for broader reforms that never came; the controversial enforcement programs Secure Communities and 287(g); and the Dream Act, which prompted an unexpected student movement in support of its proposed conditional status for undocumented college students and military hopefuls.

But one that’s likely to have a lingering effect on immigration politics, at least in the next few years, is that of Arizona’s controversial anti-illegal immigration law, known as SB 1070.

Signed last April by Arizona Governor Jan Brewer, the law drew the most controversy over a state immigration measure since California’s Proposition 187 in 1994, and brought the highly polarized immigration debate back squarely into the foreground of national and state politics.

Its provisions, while based on federal immigration law, seemed especially stringent at the state level: Among other things, the law empowered local police to check the immigration status of people they encountered if they had “reasonable suspicion” to think they were in the country illegally, made it a state crime to be in Arizona without proper documentation, made it illegal for state or local officials to adopt policies restricting enforcement of federal immigration laws (so-called “sanctuary” policies), and made it illegal to shelter, transport or give work to undocumented immigrants.

The “reasonable suspicion” clause drew the most ire from immigrant advocates and immigrant communities in general, who saw it as state-sanctioned racial profiling, with little way for police to distinguish between foreign nationals and nonwhite U.S. citizens and legal residents. A flurry of lawsuits followed, among them a federal lawsuit challenging the measure on the grounds that its provisions were pre-empted by federal law. On July 29, when the law went into effect amid widespread protests, it did so only partially, with a federal judge having blocked the most controversial provisions, including the clause allowing police to check for immigration status.

What continues to make SB 1070 such an important story are its ramifications beyond Arizona, which will be playing out in the years to come. Even with some of its provisions still hung up in appeals court by the pending federal challenge, SB 1070 has emboldened conservative state legislators around the country to draft their own versions of the law, some just as strict or more so than the original. From a recent Bloomberg story:

About 300 immigration-related bills were introduced in statehouses in 2005, said Ann Morse, who directs the Immigrant Policy Project for the National Conference of State Legislatures. In each of the last two years, the figure reached about 1,500, she said.

In 2011, state legislators could push the number higher. “Every indication I get is, they’re not done,” Morse said.

Those drafting SB 1070-style laws are receiving help from veterans of the Arizona law. From the story:

Many of the efforts are getting help from a central source, the Immigration Reform Law Institute. At the legal arm of the Federation for American Immigration Reform, a group that wants to crack down on illegal immigration, the institute’s attorneys are drafting measures.

“I’ve been personally approached by lawmakers from all over the country,” said Kris Kobach, a counsel for the group who helped to draft Arizona’s “probable cause” law.

Even in California, where the state legislature would be unlikely to approve such a measure, a voter initiative for a similar law has been submitted for the 2012 state ballot.

Part of the logic to SB 1070 that made it attractive to its supporters, and which continues to drive its imitators, is the idea of attrition through enforcement: Make life tough enough for people who are in the country illegally, the thinking goes, and many will opt to leave.

Before the law was partially enacted in July, there were anecdotal reports of Latino immigrants leaving the state out of fear. Intitial 2010 census results showed slowed-down population growth in Arizona, though demographers disagree on how much of an effect SB 1070 might have had, since the law was signed April 23, more than two weeks after the April 1 census count.

Another lasting effect: The measure has helped set the tone for the enforcement-heavy nature of the federal measures that Republican leaders, who will take leadership of the House and have a greater Senate presence come January, are expected to promote in the next two years.