On Friday, April 23, 2010, Arizona Governor Jan Brewer signed S.B. 1070, legislation that its supporters call the toughest state anti-immigration law in the country. This follows the "Legal Arizona Workers Act," which that state enacted in 2007 and which mandates the use of E-Verify by Arizona employers, prohibits Arizona employers from knowingly or intentionally employing an unauthorized alien and establishes penalties for those who do. Among other provisions, S.B. 1070 does the following:
Authorizes an official or agency of the state, county, city, town or political subdivision to stop and determine the immigration status of any person if reasonable suspicion exists to believe that person is an alien unlawfully present in the United States;
Permits any law enforcement officer to arrest, without warrant, any person if the officer has probable cause to believe that the person is an alien and has committed an offense that would make him or her removable from the United States;
Prohibits officials or agencies of the state or any political subdivision from adopting or implementing policies that limit immigration law enforcement;
Expands the definition of a criminal trespass to include any person on public or private land in Arizona who is not in possession of documentation establishing his or her lawful status in the United States;
Permits the State of Arizona to make a "final determination" of an alien's immigration status if required to enforce S.B. 1070;
Prohibits any motor vehicle from stopping to hire or hire and pick up any person who will work at a different location;
Creates a Class 3 Felony for failing to verify employment through E-Verify and/or maintaining records of such verifications; and
Permits the State of Arizona to maintain information about the immigration status of any person.
Many of the provisions of Arizona's S.B. 1070 encroach on areas covered by the federal immigration laws or, in some cases, conflict with those laws. Under these circumstances, legal challenges to this legislation can be expected before S.B 1070 becomes effective this summer.