Is American Immigration Law Turning Toward Racial Profiling?

 

Border control and immigration law are very high up on the political agenda of the United States. People from all walks of life are debating the implications of certain regulation, from politicians to everyday citizens. One state in particular has caught the attention of human rights activists nationwide- Arizona.

 

Arizona’s immigration law is called the ‘Support Our Law Enforcement and Safe Neighborhoods Act,’ but is simply referred to as Arizona SB 1070 because it was introduced into legislature as Senate Bill 1070. It has been defined by many as the most rigid and broad crack-down on illegal immigration in recent history.

 

Some of the provisions in SB 1070 include a requirement for all foreigners to register with the government within 30 days of entering the US and carrying around the appropriate documentation outlining their status at all times. The law requests that law enforcement officers establish an individual’s residence status if they are arrested or stopped when the officer has ‘reasonable suspicion’ that a person is on US soil illegally.

 

The law was set to go into effect on July 29th, 2010 but there were a number of legal challenges made questioning its fairness, leading a federal judge to issue an injunction pertaining to the core of the law. In a ruling made by the US Supreme Court in June of 2012, three provisions of the law were struck down as unconstitutional, violating the Supremacy Clause. However, the court also deemed that immigration checks during routine police stops could go forward.

 

While the US Supreme Court decision has relieved some of the tensions brought about by the harsh immigration law, it has failed to dispel the fears of racial profiling. Since the majority of illegal immigrants entering Arizona have traditionally been Hispanic, Latinos are being targeted by police in random checks. According to authorities, race is not enough of a reason to ask an individual for papers, but many locals believe this form of discrimination is occurring regardless of the regulations around it.

 

Many individuals in Latino communities located in Arizona are joining together to send a message to law enforcement officers- that they are watching and monitoring the moves made by officials. Those running civil and human rights groups say that sadly discrimination is still transpiring in large numbers.

 

Section 2b of the Arizona immigration law can still eventually be blocked in court if there is proof of discrimination- but there has to be concrete evidence of racial profiling. This can be difficult to establish because court cases on the matter are often decided simply based on testimony from a member of the public and a law enforcement officer.

 

The future of SB 1070 is extremely important for America as a whole because it is setting a precedent for immigration law. If all goes well Arizona will be paving the way for tighter border control throughout the United States. However, if human rights are violated and discrimination occurs, the failure will illustrate that sometimes governments have to make a very difficult choice between national security and the fundamental democratic value of equality.