"The Arizona Act additionally required that state law enforcement officers attempt to determine an individual's immigration status during a "lawful stop, detention or arrest", or during a "lawful contact" not specific to any activity[9] when there is reasonable suspicion that the individual is an illegal immigrant"
Terry Solomon, here's the SB 1070 legislation right from its
Wikipedia site. It seems that you're the one who doesn't know what he's talking about, not me.
Sorry if I offended you but perhaps you need to read up a little bit on the information you pretend to be so well-versed in.
Maybe if you read THE LAW instead of Wickedpedia, you would have a clue..
>>Summary of SB 1070 and HB 2162
Enforcement of Immigration Law
Prohibits state and local law enforcement from restricting enforcement of federal immigration laws.
Requires state and local law enforcement to reasonably attempt to determine the immigration status of a person involved in a lawful stop, detention or arrest in the enforcement of any other local or state law or ordinance where reasonable suspicion exists that the person is an alien and is unlawfully present, except if it may hinder or obstruct an investigation.
Requires the immigration status to be verified with the federal government for anyone who is arrested.
Stipulates that law enforcement cannot consider race, color or national origin when implementing these provisions, except as permitted by the U.S. or Arizona Constitution.
Specifies a presumption of lawful presence with these IDs: Arizona driver license or ID; tribal enrollment card or ID; valid federal, state or local government issued identification, if the issuing entity requires proof of legal presence before issuance.
Stipulates that these provisions do not implement or authorize REAL ID.
Allows legal residents to sue state or localities that restrict enforcement of federal law. Indemnifies officers unless they acted in bad faith. Violating entities must pay a civil penalty of at least $500 for each day the policy is in effect.
Willful Failure to Complete or Carry an Alien Registration Document
Creates a state violation comparable to federal law in 8 USC 1304(e) or 1306(a) and creates state penalties of jail costs and $100 for a first offense. Stipulates immigration status may be determined by a law enforcement officer authorized by the federal government to verify an alien’s immigration status; or U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection.
NOTE: The federal provisions mentioned in the Arizona law are included here for easy reference.
8 USC 1304(e): Personal possession of registration or receipt card; penalties. Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section. Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both. 8 USC 1306 (a): Willful failure to register. Any alien required to apply for registration and to be fingerprinted in the United States who willfully fails or refuses to make such application or to be fingerprinted, and any parent or legal guardian required to apply for the registration of any alien who willfully fails or refuses to file application for the registration of such alien shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed $1,000 or be imprisoned not more than six months, or both.)
Unlawfully Picking Up Passengers for Work
Makes it a class 1 misdemeanor for an occupant of a motor vehicle to hire on a street, roadway or highway if the vehicle blocks or impedes the normal movement of traffic; or to enter a vehicle to be hired and transported; or for an unauthorized alien to knowingly apply for work, solicit work in a public place or perform work as an employee or independent contractor.
Stipulates that law enforcement cannot consider race, color or national origin in the enforcement when implementing the provision, except as permitted by the U.S. or Arizona Constitution.
Unlawful Transporting or Harboring Unlawful Aliens
Stipulates that it is unlawful for a person who is in violation of a criminal offense to transport an alien; conceal, harbor or shield an alien; or encourage an alien to come to this state, if the person recklessly disregards the fact the person is here unlawfully. The vehicle may be immobilized or impounded. Provides exceptions for child protective services, first responders, ambulance or emergency medical technicians. Violators are guilty of a class 1 misdemeanor and subject to a fine of at least $1,000.
Stipulates that law enforcement cannot consider race, color or national origin in the enforcement when implementing the provision, except as permitted by the U.S. or Arizona Constitution.
Employer Sanctions
Provides employers with the affirmative defense that they were entrapped, but they must admit the substantial elements of the violation. The employer has the burden of proof to show law enforcement officer induced the violation.
Requires employers to keep a record of employment verification for the duration of the employee’s employment or 3 years whichever is longer.
Miscellaneous
Authorizes peace officers in the enforcement of human smuggling laws to lawfully stop a person if they have a reasonable suspicion to believe the person is in violation of any civil traffic law and to arrest a person without a warrant if the officer has probable cause to believe the person has committed any public offense that makes the person removable from the United States.
Penalties and fines under this bill are to be deposited to the Department of Public Safety for the Gang and Immigration Intelligence Team Enforcement Mission Fund.<<
