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36 J. Legal Prof. 269 (2011-2012)
Arizona Senate Bill 1070: State Sanctioned Racial Profiling

handle is hein.journals/jlegpro36 and id is 273 raw text is: ARIZONA SENATE BILL 1070:' STATE SANCTIONED RACIAL PROFILING?2 I. INTRODUCTION On April 23, 2010, Arizona enacted Senate Bill 1070, which is designed to deter the entry and presence of aliens who lack lawful status under federal immigration law.3 The measure requires state and local law enforcement officials to undertake the detection of unauthorized aliens in their daily enforcement activities.4 The enactment of Arizona Senate Bill 1070 has sparked significant legal and policy debate.5 Supporters argue that the federal enforcement of immigration law has not adequately deterred the migration of unauthorized aliens into Arizona, and state action is both necessary and appropriate to combat the negative effects of unauthorized immigration.6 Opponents argue that Arizona Senate Bill 1070 will be susceptible to uneven application and will undermine community policing and discourage cooperation with state and local law enforcement.' This note will only focus on Section 2(B), which requires: For any lawful stop, detention or arrest made by a law enforcement official or a law enforcement agency of this state or a law 1. S.B. 1070, 49 Leg., 2d Reg. Sess. (Ariz. 2010) codified at ARIZ. REV. STAT. ANN. §11- 1051(2010). 2. A third-year law student at the University of Alabama. 3. Under the Arizona Constitution, acts approved by the legislature do not become operative until ninety days after the close of the legislative session during which they were passed. ARIZ. CONST. art. 4 §1(3). 4. MICHAEL JOHN GARCIA ET. AL., CONG. RESEARCH SERV., STATE EFFORTS TO DETER UNAUTHORIZED ALIENS: LEGAL ANALYSIS OF ARIZONA'S S.B. 1070 (2010). 5. GARCIA, supra note 4. 6. Randal C. Archibold, Arizona Enacts Stringent Law on Immigration, N.Y. TIMES(Apr. 23, 2010), available at http://www.nytimes.com/2010/04/24/us/politics/24immig.html (Arizona Govemor Janice Brewer explained thatthe law provides an indispensable tool for the police in a border state that is a leading magnet of illegal immigration. She stated, [t]he law represents another tool for our state to use as we work to solve a crisis we did not create and the federal government has refused to fix.). 7. Michael Sheridan, Cops: Arizona's Anti-Illegal Immigration Law Mandates Racial Profiling, N.Y. DAILY NEws (May 18, 2010), available at http://www.nydailynews.com/news/national/2010/05/18/2010-05- 18_police arizonas antiillegal immigrationlaw mandates-racial_profiling.html. (Phoenix Police Chief Jack Harris, a critic of the law, told AP: When you get a law that leads a state down this path, where the enforcement is targeted to a particular segment of the population, it's very difficult not to profile. It takes officers away from doing what our main core mission is, and that is to make our community safe.). 269

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