Lawmakers propose English-only drivers' tests

Critics say the bill unfairly targets immigrants and refugees.

The new bill introduced Wednesday would require those taking a drivers test to speak or read and write English.

Republican State Representative Harold Brubaker of Randolph, who introduced the bill with Rep. Julia Howard of Iredell, says the bill will make the roads safer and save taxpayers’ money.

"If you speak Chinese or Russian and can't read our signs and can't speak English, it's an absolute safety issue, and I think that needs to be addressed," Brubaker told WRAL-TV. "People getting driver's licenses in North Carolina should be able to speak English."

The Division of Motor Vehicles currently offers the written driver's tests in 10 languages: English, Spanish, French, German, Russian, Arabic, Chinese, Japanese, Korean and Vietnamese.

Opponents say the legislation would hurt legal residents, political refugees, foreign exchange students, and even U.S. citizens who have limited English skills.

In 2006, the N.C. legislature voted to make it impossible for illegal immigrants to renew their driver's licenses.

The bill is similar to ones being considered in states such as Georgia and Tennessee. In Alabama, Republican gubernatorial candidate Tim James said if he is elected he will order state driver license exams be given in English only.

One of James’ campaign ads states: "This is Alabama. We speak English. If you want to live here, learn it."

STATES OFFERING TEST ONLY IN ENGLISH:
* Arizona
* Hawaii
* Kansas
* Maine
* New Hampshire
* Oklahoma
* South Dakota
* Utah
* Wyoming

Source: ProEnglish.org

North Carolina eyes Arizona immigration law

A state senator says North Carolina should consider an immigration policy similar to Arizona's new law that makes it a crime to be in the country illegally.

The move adds North Carolina to a list of some 20 states reportedly considering introducing bills similar to Arizona's controversial law. Recent polls show that more than 60 percent of Americans support the law.

Senator Don East, a Surry Republican, introduced his resolution, S1349, this week to consider legislation that requires immigrants carry identification that proves they’re in the country legally. Twelve Republican senators, including Senator Bob Rucho of Matthews and Austin M. Allran of Hickory, have signed on to co-sponsor the resolution.

East, a retired police officer, told the Mount Airy News he introduced the resolution because he wants to make sure the federal immigration laws are obeyed in North Carolina.

“If the federal government’s not going to follow the federal statute, let the states do it,” he told the newspaper.

An estimated 350,000 illegal immigrants live in North Carolina and 70,000 in South Carolina.

Legislators in South Carolina introduced similar resolution that would direct state law enforcement to check the legal status of people they suspect to be in the country illegally.

At least 20 other states are considering following Arizona and proposing similar legislation, according to the Immigration Policy Center.

With federal legislation stalled in Washington, state legislatures are tackling immigration issues at an unprecedented rate, according to the National Conference of State Legislatures.

In the first quarter of this year, state legislators in 45 states had introduced 1,180 bills and resolutions relating to immigrants and refugees, according to NCSL. As of March 31, 2010, 34 state legislatures had passed 107 laws and adopted 87 resolutions; 38 bills were pending signatures on governors’ desks.

NBC puts spotlight on immigration and Charlotte

A Charlotte immigrant's story of facing deportation after standing up to a police officer accused of sexual assault kicks off a day of immigration coverage for the news network.

NBC News, CNBC, MSNBC, and Telemundo will focus much of their news coverage today on one of the most complicated and emotional issues of the day.

Abel Moreno, 29, was fraudulently arrested in December when he says he tried to stop a Charlotte-Mecklenburg police officer from fondling his girlfriend during a bogus traffic stop.

Officer Marcus Jackson has since been fired and charged with sexually assaulting six women - including Moreno's girlfriend - while on patrol.
Moreno, who was taken to the Mecklenburg County Jail and identified as an illegal immigrant, is seeking a visa granted to crime victims and immigrants who are helping authorities in the prosecution of a criminal case.

Read more of the Observer's extensive coverage on Moreno's case here, here, here, and here.

A day after President Barack Obama issues plan to send 1,200 National Guard troops to the border, NBC launched their "A Nation Divided" coverage with a new poll that shows white and Latino Americans divided over immigration, political parties, and how President Barack Obama is handling immigration.

Mirroring the findings of related studies, the NBC/MSNBC/Telemundo poll found 70 percent of whites favor Arizona’s controversial immigration law that requires police to question people they suspect to be in the country illegally. And 58 percent of Latinos say they strongly oppose the law.

Tune in:

The "Today" reported on immigrant families. "Nightly News" will investigate the Arizona law’s impacts and at other states considering similar measures, according to the Associated Press. "Dateline NBC" will preview their upcoming series on migrant children.

MSNBC will be following the U.S. Border Patrol as agents search for people crossing the border illegally. They will also report on immigrant neighborhoods in New York and cities that have been absorbed demographic changing numbers of immigrants. CNBC will discuss the economic impact of immigration.

Telemundo will be broadcasting some of its shows from Arizona.

Photos: Spencer Platt / Getty Images file; Davie Hinshaw/The Charlotte Observer

Dora the 'illegal immigrant' phenomena

Good luck to parents trying to explain this one. The cherubic-faced Latina cartoon character has been swallowed up by the immigration debate.

Doctored photos of Dora jumping the border fence, pulled over by Arizona police, in jail, and many others scenarios have been spreading like wildfire across the Internet. I got several emails last week and now media outlets across the United States and in Europe have picked up on the phenomena.

The Observer posted the above cartoon by Steve Breen in its editorial pages Wednesday. Click here to see more of Breen’s work.

Several Facebook pages have been created. The Huffington Post even created a fake story about Dora’s capture.

"The young girl from south of the border, dressed in her brightly colored fiesta clothes, was rounded up in a raid of an Hispanic neighborhood preparing for Cinco de Mayo festivities, her famous talking backpack confiscated and examined by the FBI. Within it was found a mysterious map which provided evidence of some possible illegal activity coded "Search for the Lost Treasure." Dora carried no documents such as a green card, or even a passport, so it was clear that she had smuggled herself over the border, taking with her the dangerously cheerful Cousin Diego, Boots the possibly rabid talking money, and the mysterious talking backpack and map, which the Sheriff described as "sophisticated electronic devices designed to outwit our border police."

Probably the most circulated picture is of a black-eyed Dora with a bloody nose. It’s been one of the most emailed photos on Yahoo.com for the past three days.
Time Magazine reported the picture first started appearing on anti-illegal immigration websites, but it now is being used more by opponents of the Arizona’s new immigration law that requires police to check the immigration status of those suspected to be in the country illegally.
The cartoon was created last year by Debbie Groben of Sarasota, Fla., for a contest on the fake news site FreakingNews.com.

Groben told the Associated Press that she was trying to do “something funny, something irreverent.” Groben opposes the Arizona law.
Experts have picked apart the phenomena, studying the overwhelming response for clues to better understand our cultural psyche of the balance between race, ethnicity and the law.

"Dora is kind of like a blank screen onto which people can project their thoughts and feelings about Latinos," said Erynn Masi de Casanova, a sociology professor at the University of Cincinnati, told the Associated Press. "They feel like they can say negative things because she's only a cartoon character."

"She's always been ambiguously constructed," Angharad Valdivia, who teaches media studies at the University of Illinois and has explored the issue, told the AP. "In the U.S. the way we understand race is about putting people in categories and we're uncomfortable with people we can't put into categories."

Yet, it’s not all Dora. Other cartoon characters, via the late night comics, have also been taking advantage of the media hype.

On Twitter, Conan Brien posted this comment Sunday. “Pac-Man’s 30th birthday was marred by the sudden deportation of the Super Mario Bros. What were those fools doing in Arizona?”

Mexico deports their illegal immigrants

Some see Mexican president's criticism of Arizona immigration law as hypocritical. The recent outcry stems, in part, from recent reports about Mexico's own policies against illegal immigration.

Several people pointed me to an interview Mexican President Felipe Calderon gave to CNN in which he acknowledges Mexico deports illegal immigrants from Guatemala and other Central American countries.

Calderon’s recent visit to United States received lots of attention this week because of his criticism of Arizona’s new immigration law and his call on U.S. legislators to pass a comprehensive reform bill.

Arizona's new law requires law enforcement to question people they reasonably suspect are here illegally.

Some people are wondering why the Mexican president is pushing the United States to pass more lenient immigration laws than those that exist in his own country.

In his interview with Calderon, CNN’s Wolf Blitzer asked the Mexican president about a recent Washington Times article that stated Mexico's immigration laws were tougher than those passed in Arizona.

Under the Mexican law, illegal immigration is a felony, punishable by up to two years in prison. Immigrants who are deported and attempt to re-enter can be imprisoned for 10 years. Visa violators can be sentenced to six-year terms. Mexicans who help illegal immigrants are considered criminals. - The Washington Times.

Calderon acknowledged the law, but said it was changed a year ago. He said illegal immigration is no longer a crime in Mexico.

Blitzer then asked Calderon if an immigrant from Guatemala, Honduras, El Salvador or Nicaragua can just walk into Mexico without proper immigration paperwork and get a job?

“No, no,” Calderon responded. “If -- if somebody do that without permission, we send back -- we send back them.”

Calderon acknowledged arguments from residents in Arizona and Texas who only want to protect their borders like Mexico has been doing along its southern border.

Calderon called it a “powerful argument.”

“That is one of the reasons why we are trying to change our policy,” he said. “….In the past, Mexican authorities were in a -- in a -- in an unfortunate way in the treatment for immigrants. But now we are changing the policy. We changed already the law. And that is different today. We are trying to write a new story, talking about immigrants, especially coming from Central American countries.”

Congressmen insulted by Mexican president's 'lecture'

The Mexican president said the Arizona law "ignores a reality that cannot be erased by decree."

Several Republican congressmen thought Mexican President Felipe Calderon violated accepted rules of international diplomacy when he criticized U.S. policy following an invitation to speak in congressional chambers.

Calderon criticized Arizona's new immigration law and called on Congress to pass a comprehensive immigration reform bill.

Arizona's new law requires law enforcement to question people they reasonably suspect are here illegally.

While Calderon received cheers mainly from Democrats, some Republicans criticized the Mexican president for inappropriately intruding on U.S. policy.

Arizona Senator John McCain said in a statement that it was "unfortunate and disappointing the president of Mexico chose to criticize the state of Arizona by weighing in on a U.S. domestic policy issue during a trip that was meant to reaffirm the unique relationship between our two countries."


The video above is the response of Rep. Tom McClintock of California who took “strong exception” to Calderon’s speech to Congress.

“It’s highly inappropriate for the president of Mexico to lecture Americans on American immigration law,” he said. “Just as it would be for Americans to lecture Mexico on its own laws. It’s obvious President Calderon doesn’t understand the nature of America or the purpose of our immigration law.”

“Unlike Mexico’s immigration law which is brutally exclusionary, the purpose of America’s law is not to keep people out. It is to assure as people come to the United States, they do so with the intention of becoming Americans and raising their children as Americans.”

“Unlike Mexico our nation embraces legal immigration and what’s make that possible is assimilation.”

Transcript: President Obama and Mexico President Calderón talk immigration

Here are the full remarks by President Obama and President Calderón of Mexico at Wednesday's joint press conference in the Rose Garden. Sections on immigration have been highlighted.

12:20 P.M. EDT

PRESIDENT OBAMA: Good afternoon. Buenas tardes. I want to again welcome President Calderón to the White House. Michelle and I are delighted to be hosting the President and First Lady Margarita Zavala and their delegation for this state visit, and we’re looking forward to returning the hospitality -- the wonderful hospitality that we received in Mexico when we have our state dinner this evening.

I’ve often said that in our interconnected world, where nations and peoples are linked like never before, both the promise and perils of our time are shared. Nowhere is this clearer than among the neighbors -- the United States and Mexico.

The trade and tourism between us creates jobs and prosperity for both our peoples. When a flu spreads, or an earthquake strikes, or cartels threaten innocent people, it affects lives on both sides of our common border. When our neighbors are in need, whether in Honduras or in Haiti, we respond together. And when we expand partnerships between our people, it forges connections that leads to greater prosperity and opportunity for decades to come.

In pursuit of our shared future, I have a true partner in President Calderón. We’ve worked together in Mexico City and Guadalajara, in Washington and Pittsburgh, in London and L’Aquila. And when he speaks before a joint session of Congress tomorrow, I believe the American people will see what I see -- they’ll see a leader who is guiding his country through very difficult times with vision and with courage, and he has been an outstanding partner to me and an outstanding partner to the United States.

Indeed, our progress today marks another step forward in a new era of cooperation and partnership between our countries -- a partnership based on mutual interests, mutual respect and mutual responsibility.

We agreed to continue working aggressively on our highest economic priority, which is creating jobs for our people. Mexico is one of our largest trading partners, with trade that supports countless jobs here in America and in Mexico. And because 80 percent of the trade passes over our land border, we reaffirmed our commitment to a 21st century border that is modern, secure and efficient. And we’re directing our governments to develop an action plan to move in this direction, because our shared border must be an engine, and not a brake, on our economic growth.

To create jobs and increase our competitiveness in the global economy, we agreed to streamline regulations and strengthen the protection of intellectual property. We agreed to continue working with our G20 partners to encourage that global economic growth is balanced and sustained, especially as we approach next month’s Toronto summit. And as the United States works to increase our exports, and the jobs that come with it, we’ll be working closely with our partners in Mexico, which is one of the largest markets for American exports.

To create clean energy jobs and industries of the future, we’re building on a partnership we launched last year with new initiatives to promote regional renewable energy markets, green buildings and smart grid technology. These initiatives will also help us implement the commitments we made at Copenhagen, especially as we work toward the climate conference in Cancun later this year. And let me say that, as a leader in cutting greenhouse gas emissions and in helping developing countries do the same, Mexico’s leadership under President Calderón has been and will be critical.

For the sake of our shared prosperity and security, we discussed the need for immigration that is orderly and safe, and we acknowledged that both our countries have responsibilities. President Calderón is working hard to create jobs so that more Mexicans see a future of opportunity in their country.

To fix our broken immigration system, I reaffirmed my deep commitment to working with Congress in a bipartisan way to pass comprehensive immigration reform. And comprehensive reform means accountability for everybody: government that is accountable for securing the border; businesses being held accountable when they exploit workers; people who break the law by breaching our borders being held accountable by paying taxes and a penalty and getting right with the law before they can earn their citizenship. We’ve been working hard to get this done. There’s a strong proposal in the Senate, based on a bipartisan framework, and it can and should move forward.

We also discussed the new law in Arizona, which is a misdirected effort -- a misdirected expression of frustration over our broken immigration system, and which has raised concerns in both our countries. Today, I want every American to know my administration has devoted unprecedented resources in personnel and technology to securing our border. Illegal immigration is down, not up, and we will continue to do what’s necessary to secure our shared border.

And I want everyone, American and Mexican, to know my administration is taking a very close look at the Arizona law. We’re examining any implications, especially for civil rights. Because in the United States of America, no law-abiding person -- be they an American citizen, a legal immigrant, or a visitor or tourist from Mexico -- should ever be subject to suspicion simply because of what they look like.

President Calderón and I also reaffirmed our commitment to stand together against the drug cartels that have unleashed horrific violence in so many communities. Mr. President, you and the Mexican people have shown great resolve in a fight for the security and safety of your country. And as I’ve pledged to you before, Mexico can count on the United States as a full partner in this effort.

As your partner, we’ll give you the support you need to prevail. Through increased law enforcement on our side of the border, we’re putting unprecedented pressure on those who traffic in drugs, guns, and people. We’re working to stem the southbound flow of American guns and money, which is why, for the first time, we are now screening 100 percent of southbound rail cargo. And guided by our new National Drug Control Strategy, we’re bringing new approaches to reducing the demand for drugs in our country.

As regional partners, the President and I discussed the situation in Honduras and the need for continued cooperation to support the people of Haiti as they recover and they rebuild. And as global partners, and given Mexico’s seat on the U.N. Security Council, we agreed on the need for Iran to uphold its international obligations or face increased sanctions and pressure, including U.N. sanctions. And I’m pleased that we’ve reached an agreement with our P5-plus-1 partners on a strong resolution that we now have shared with our Security Council partners.

Finally, I’m proud that we’re expanding exchanges between our college and university students and launching a new exchange program for our high school students. I’d note that it was a Mexican student at an American university who went on to become the President who stands next to me today. And with these exchanges we’ll bring together the next generation of American and Mexican leaders.

This is the progress that we’ve made today. It’s progress that calls to mind a Mexican proverb that I am told says, “Tell me who you walk with, and I will tell you who you are.” Mr. President, the United States is proud to walk with Mexico. And through our work, we’re reminded again of who we are -- which is two neighbors, two partners bound by a common vision of prosperity and security for both our people.

President Calderón.

PRESIDENT CALDERÓN: (As translated.) Thank you, President.
Ladies and gentlemen, members of the media, good afternoon. First of all, I would like to thank the kind invitation of the people and the government of the United States to carry out this visit. And I am the bearer of a respectful and affectionate greeting of the Mexican people to this nation, which is our neighbor and friend. I would like to thank the words and the hospitality of President Barack Obama.

The United States and Mexico are nations that trade, dialogue, and complement each other economically and mutually. We are nations that have a political understanding of the highest level. And we are also countries with a fruitful, dynamic, and ties between people, communities, public and private institutions throughout 3,000 kilometers of border. Our relationship is characterized by an honest and open dialogue based on trust, respect, and co-responsibility.

As it has been stated by President Obama, this morning we held a broad and fruitful dialogue. We’ve reviewed our bilateral relationships -- the problems, the challenges and also the many opportunities that we face. We analyzed different proposals and visions on the side of Mexico and the United States to strengthen North America as a region.

We talked about the relevance of solving our differences and trade problems in the fastest possible way. We covered the border topics such as security, migration, and we also examined initiatives to consolidate our cooperation in global scenarios and global interests.

I can highlight here that the areas where we agree are broader than our differences. There’s a broad convergence of interest. And this is not only given to the fact that we share common goals, but there is a will in both of us to turn the fact of being neighbors into a partnership that will act as a leveler for shared development.

Fortunately, the serious economic global crisis is giving up. This opens up a window of opportunity for Canada, the United States and Mexico to re-position Mexico and North America as a vigorous region -- competitive and prosperous, capable of generating more and better jobs; a region that will be attractive for investments, trade exchange and tourism, with great perspectives facing the future.

Together, we should increase our exporting capacity in a contest of growing competitiveness among different regions of the world. We talked about the different obstacles that are there for complying with transportation obligations that have been established at NAFTA, a situation that impacts jobs, companies and consumers in Mexico and in the United States. And we shall work in order to achieve a quick solution with a constructive, creative solution in the long term in this and many other areas.

As the President has stated, we gave special attention to the border matters. The border is not only a place of encounter for both our nations, but it’s also an area of opportunity for our aspirations that we share regarding development. For this we will allocate more resources for the border infrastructure in order that it will be at the height of the needs of our economies and communities, and that it will benefit both sides of the border. We will strengthen the coordination among the government officials on both sides of the border to reinforce security.

We want to make this quite clear: We, both countries, want to have a safe border, a safe border for our people. We agreed upon the urgency to reinforce the actions to stop the flow of drugs, weapons, and cash. And for this we will work with full abidance to the legislations and jurisdictions of each country in a co-responsible way.

In reference to the migratory issue, I acknowledge the sensitivity and the commitment of President Obama to look for a comprehensive solution that will be respectful of the rights of the individual and will be adjusting itself in a realistic way to the needs of both our economies. We talked openly about this and other issues.

We identified that the economies of our countries are clearly complementing each other, and when we -- integrating them, they are a powerful tool to bring productivity and competitiveness up within the whole region. Greater competitiveness in North America means more jobs and better living conditions for the people of the United States and for the people of Mexico.

In Mexico, we are and will continue being respectful of the internal policies of the United States and its legitimate right to establish in accordance to its Constitution whatever laws it approves. But we will retain our firm rejection to criminalize migration so that people that work and provide things to this nation will be treated as criminals. And we oppose firmly the S.B. 1070 Arizona law given in fair principles that are partial and discriminatory.

This and other issues were covered during this meeting, which I will dare to say that it’s historic given the level of understanding and trust that we have reached.

For the meantime, I would just like to highlight this open and honest and constructive dialogue that we keep and hold with the government of President Obama and these two countries that allows me to see the strength and leadership of the President of the United States.

Thank you, President Obama, for your hospitality. I want to thank all of you for your kind attention.

Q Thank you, Mr. President. President Calderón called again the Arizona law discriminatory and called it destructive. Do you agree with him? What impact do you think the Arizona law could have on U.S.-Mexico relations, the prospect for immigration reform, and the opinions of Mexican Americans in this country? And what actions did you tell President Calderón that you would --

PRESIDENT OBAMA: I think the Arizona law has the potential of being applied in a discriminatory fashion. Now, after it was initially passed, the Arizona legislature amended it and said that this should not be carried out in a discriminatory way. But I think a fair reading of the language of the statute indicates that it gives the possibility of individuals who are deemed suspicious of being illegal immigrants from being harassed or arrested. And the judgments that are going to be made in applying this law are troublesome.

What I’ve directed my Justice Department to do is to look very carefully at the language of this law to see whether it comports both with our core values and existing legal standards, as well as the fact that the federal government is ultimately the one charged with immigration policy. And I expect to get a final report back from the Justice Department soon, at which point we’ll make some decisions in terms of how we are going to address that law.

Now, what I’ve also said, though, is that the Arizona law, I think, expresses some of the frustrations that the American people have had in not fixing a broken immigration system and, frankly, the failures of the federal government to get this done. I’m sympathetic to those frustrations; I share those frustrations -- which is why, from the time that I was a U.S. senator through the time that I ran for President, until now, I have consistently said that I’m supportive of a comprehensive immigration reform approach.

And I think the majority of American people are open to a comprehensive immigration reform approach, which would say the following things: Number one, that the federal government takes its responsibilities for securing our border seriously. And as I just stated in my opening remarks, we have actually put more resources, more personnel on the borders, and illegal immigration is actually down on the borders, not up. I know that’s not the perception out there, but that’s the fact.

But we haven’t done enough. So we’ve got a responsibility to create an orderly border, and that’s something that we have to do not unilaterally, but also working with the Mexican government -- because there are enormous flows of trade and tourists and people along the border region; the economies are interdependent; and we’ve got to control the borders, but do so in a way that does not have an adverse impact on the economies of those regions.

The second thing we’ve got to do is we’ve got to make sure that businesses are following the rules and are not actively recruiting undocumented workers so that they don’t have to abide by overtime laws, they don’t have to abide by minimum wage laws, they don’t have to abide by worker safety laws and otherwise undercut basic worker protections that exist. And they have to be held accountable and responsible.

The third thing we have to do is to make sure that those who have come to this country illegally are held accountable. And that means they need to pay a fine, they need to pay back taxes. I believe they should learn English. I believe that it is important for them to get to the back of the line and not in the front, but that we create a pathway so that they have an opportunity, if they are following the rules, following the law, to become legal residents and ultimately citizens of this country.

Now, that kind of package in which everybody has responsibilities I think is one that can pass. And it is one that I am fully supportive of. And I’ve said this again and again. And I think if we get that done, then you will be less likely to see the kinds of measures that we saw in Arizona.

Here’s the challenge that we have politically. The political challenge is, is that I have confidence that I can get the majority of Democrats, both in the House and the Senate, to support a piece of legislation of the sort that I just described. But I don’t have 60 votes in the Senate. I’ve got to have some support from Republicans. When we made an effort of this sort a few years ago, it was under the leadership of John McCain and Ted Kennedy. And because there was a bipartisan effort, we were actually able to generate a majority of votes in the Senate. And we just missed being able to get it done in the House.

If we can re-create that atmosphere -- I don't expect to get every Republican vote, but I need some help in order to get it done. And there have been people who have expressed an interest. But if they're willing to come forward and get a working group and get this moving, I’m actually confident that we can get it done. And the American people -- including the people of Arizona -- are going to prefer that the federal government takes responsibility and does what it’s supposed to do.

And it’s my job to work with members of Congress to see that happen. And it’s also my job to work with the Mexican government to make sure that it happens, because President Calderón recognizes that he has responsibilities on his side of the border, as well.

And the last point I’ll make on this topic is this: I think all of us recognize that some of the pressures with respect to immigration just arise out of economics. People in Mexico are looking for opportunity, and they feel that they can make more money here in the United States. What we also have to recognize -- and I talked about this with President Calderón -- is every nation also has the right to secure its borders and make orderly decisions about who comes in and who comes out.

And the key here is for us to keep both principles in mind, that people want to find a better life where they can, and if they have opportunity in America, they're going to want to come here. We can’t just try to use force to prevent that. On the other hand, the United States has to be able to make determinations about who comes in and who comes out in an orderly fashion. And if we are both a nation of laws and a nation of immigrants, then I think we will not only be true to our core values, but we’re also going to be creating a more prosperous future for everybody.

Yes.

Q (Translated.) President Obama, several issues, but not to detour from this same topic, I would like to know if you have already a strategy planned in regards to the Arizona law? Because it is violating the fundamental rights of people. How are you going to turn around this trend, President Obama, that is being shown in different states of the United States against migrants -- this migratory reform that you’re talking about -- to know when it will be taken to Congress and what’s the scope that it will have?

The second area regarding security, President Obama, I would like to know how do you value the battle against organized crime that President Calderón is having? Has this been a success? What is it missing? And following this issue, to know if you have seen that the weapons that illegally cross from the United States to Mexico are the ones that are used by the organized crime people in Mexico? Shouldn’t there be an initiative that will regulate guns as they are sold? Is there going to be a ban?

PRESIDENT OBAMA: -- a pretty comprehensive answer earlier, so I’m just going to take your second question and that is the issue of security. This is obviously a shared concern and is going to require shared effort on the part of both of our nations. I said the first time I met President Calderón and have said ever since that I greatly admire his courage, his dedication, his tenacity in trying to deal with the drug traffickers and cartels that have created such a public safety crisis in many communities within Mexico.

As we pointed out, this is not just an issue of the drug trade -- this is an issue of how is it affecting people’s day-to-day lives within Mexico. And the Mexican people have an interest in dealing with this. And he has stood up consistently because he recognizes that his foremost job, his most important task as President is to keep the Mexican people safe.

So we are fully supportive of the efforts that he’s been making. We have had extensive collaboration over the last several years in making sure that, in a way that respects Mexico’s sovereignty, we are responsive to whatever requests are made by the Calderón administration. To the extent that we can help through the Merida Initiative -- provide equipment, provide training, provide technologies that can help in these efforts -- we have done so. And we will continue to coordinate as effectively as we can with the Calderón administration to make sure that we deal with this problem.

Now, as you point out, this is not just a problem in Mexico. It is a problem that the United States has to address. And the two things that we have to address -- and I said this when I was in Mexico, and I will repeat here -- it is absolutely true that U.S. demand for drugs helps to drive this public safety crisis within Mexico and so we’ve got an obligation not to drive the demand side of the equation. And so most recently we’ve put forward our new strategy that emphasizes not just enforcement, but also prevention, also treatment, so that we can drive down demand and weaken the grip that these drug cartels have.

The second aspect of this that we have to deal with is the southbound flows from the United States of both weapons and cash that helps to empower these drug cartels. And so what I’ve directed my Department of Homeland Security, ATF, all our various agencies that have responsibilities in these areas to do is to ramp up our efforts at interdicting these southern flows.

And I already mentioned to you, for example, we’ve now instituted a policy where we are searching 100 percent of rail cargo that’s going south. That is a significant investment of law enforcement resources on our part, but it’s the right thing to do. We want to crack down on illegal gun dealers who are selling weapons into Mexico. All those are steps that we are doing in coordination with the Calderón government, and we will continue to emphasize the importance not only to Mexico, but also the United States of tackling this problem.

Okay? Thank you very much, everybody.

Video: Second grader prods first lady on immigration

Little girl asks if president is "taking everybody away" that doesn't have papers like her mom.

First Lady Michelle Obama visited the Washington-area school yesterday with Mexican first lady Margarita Zavala.

While sitting in a circle with other students and the first ladies, the young girl expressed concern about her mother’s legal status. Here is the brief exchange:

Student: "My mom said, I think that she says that, Barack Obama is going to take away everybody that doesn't have papers."

Obama: "Yeah, well, that's something that we have to work on, right? To make sure that people can be here with the right kind of papers, right? That's exactly right," she said.

Student: "But my mom doesn't have any."

Obama: "[W]ell we have to work on that; we have to fix that and everybody's got to work together in Congress to make sure that happens."

The school did not release the name of the student.

Immigration officials said this morning that they will not deport the little girl’s mother.

“ICE is a federal law enforcement agency that focuses on smart, effective immigration enforcement that prioritizes criminal aliens who pose a threat to our communities," Matthew Chandler, a spokesman for the Homeland Security Department, said in an e-mail to news outlets. "Our investigations are based on solid law enforcement work and not classroom Q and As.”

Read Arizona's controversial immigration law

The new law has drawn a lot of ire and praise since Arizona Gov. Jan Brewer signed it on April 20.

The law defines illegal immigration as trespassing and allows local law enforcement agencies to question people they suspect of being in the country illegally.

Proponents say it re-enforces federal laws while critics say it encourages racial profiling. Each side blames the other for failing to read the law.

Have you read it?

Here it is:

Click here to read the bill on the Arizona State Legislature's website.

On April 23, 2010, Governor Jan Brewer Signed Senate Bill 1070 into law.

SB1070 was enacted as Laws 2010, Chapter 113. House Bill 2162 made additional changes to Laws 2010, Chapter 113. Below is an engrossed version of SB1070 with the pertinent changes
made by the Conference Engrossed HB2162. Click here to read a color-coded version that highlights original language and the changes made by HB 2162.


State of Arizona
Senate
Forty-ninth Legislature
Second Regular Session
2010

SENATE BILL 1070
AN ACT
AMENDING TITLE 11, CHAPTER 7, ARIZONA REVISED STATUTES, BY
ADDING ARTICLE 8; AMENDING TITLE 13, CHAPTER 15, ARIZONA REVISED
STATUTES, BY ADDING SECTION 13-1509; AMENDING SECTION 13-2319,
ARIZONA REVISED STATUTES; AMENDING TITLE 13, CHAPTER 29, ARIZONA
REVISED STATUTES, BY ADDING SECTIONS 13-2928 AND 13-2929;
AMENDING SECTIONS 13-3883, 23-212, 23-212.01, 23-214 AND 28-3511,
ARIZONA REVISED STATUTES; AMENDING TITLE 41, CHAPTER 12, ARTICLE
2, ARIZONA REVISED STATUTES, BY ADDING SECTION 41-1724; RELATING
TO UNLAWFULLY PRESENT ALIENS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
1
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1 Be it enacted by the Legislature of the State of Arizona:
2 Section 1. Intent
3 The legislature finds that there is a compelling interest in the
4 cooperative enforcement of federal immigration laws throughout all of
5 Arizona. The legislature declares that the intent of this act is to make
6 attrition through enforcement the public policy of all state and local
7 government agencies in Arizona. The provisions of this act are intended
8 to work together to discourage and deter the unlawful entry and presence
9 of aliens and economic activity by persons unlawfully present in the
10 United States.
11 Sec. 2. Title 11, chapter 7, Arizona Revised Statutes, is amended
12 by adding article 8, to read:
13 ARTICLE 8. ENFORCEMENT OF IMMIGRATION LAWS
14 11-1051. Cooperation and assistance in enforcement of
15 immigration laws; indemnification
16 A. NO OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR
17 OTHER POLITICAL SUBDIVISION OF THIS STATE MAY LIMIT OR RESTRICT THE
18 ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL EXTENT
19 PERMITTED BY FEDERAL LAW.
20 B. FOR ANY LAWFUL CONTACT STOP, DETENTION OR ARREST MADE BY A LAW
21 ENFORCEMENT OFFICIAL OR A LAW ENFORCEMENT AGENCY OF THIS STATE OR A LAW
22 ENFORCEMENT OFFICIAL OR A LAW ENFORCEMENT AGENCY OF A COUNTY, CITY, TOWN
23 OR OTHER POLITICAL SUBDIVISION OF THIS STATE IN THE ENFORCEMENT OF ANY
24 OTHER LAW OR ORDINANCE OF A COUNTY, CITY OR TOWN OR THIS STATE WHERE
25 REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO AND IS
26 UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE
27 MADE, WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON,
28 EXCEPT IF THE DETERMINATION MAY HINDER OR OBSTRUCT AN INVESTIGATION. ANY
29 PERSON WHO IS ARRESTED SHALL HAVE THE PERSON'S IMMIGRATION STATUS
30 DETERMINED BEFORE THE PERSON IS RELEASED. THE PERSON'S IMMIGRATION STATUS
31 SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT PURSUANT TO 8 UNITED STATES
32 CODE SECTION 1373(c). A LAW ENFORCEMENT OFFICIAL OR AGENCY OF THIS STATE
33 OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE MAY
34 NOT SOLELY CONSIDER RACE, COLOR OR NATIONAL ORIGIN IN IMPLEMENTING THE
35 REQUIREMENTS OF THIS SUBSECTION EXCEPT TO THE EXTENT PERMITTED BY THE
36 UNITED STATES OR ARIZONA CONSTITUTION. A PERSON IS PRESUMED TO NOT BE AN
37 ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES IF THE PERSON
38 PROVIDES TO THE LAW ENFORCEMENT OFFICER OR AGENCY ANY OF THE FOLLOWING:
39 1. A VALID ARIZONA DRIVER LICENSE.
40 2. A VALID ARIZONA NONOPERATING IDENTIFICATION LICENSE.
41 3. A VALID TRIBAL ENROLLMENT CARD OR OTHER FORM OF TRIBAL
42 IDENTIFICATION.
43 4. IF THE ENTITY REQUIRES PROOF OF LEGAL PRESENCE IN THE UNITED
44 STATES BEFORE ISSUANCE, ANY VALID UNITED STATES FEDERAL, STATE OR LOCAL
45 GOVERNMENT ISSUED IDENTIFICATION.
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1 C. IF AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES IS
2 CONVICTED OF A VIOLATION OF STATE OR LOCAL LAW, ON DISCHARGE FROM
3 IMPRISONMENT OR ON THE ASSESSMENT OF ANY MONETARY OBLIGATION THAT IS
4 IMPOSED, THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT OR THE
5 UNITED STATES CUSTOMS AND BORDER PROTECTION SHALL BE IMMEDIATELY NOTIFIED.
6 D. NOTWITHSTANDING ANY OTHER LAW, A LAW ENFORCEMENT AGENCY MAY
7 SECURELY TRANSPORT AN ALIEN WHO THE AGENCY HAS RECEIVED VERIFICATION IS
8 UNLAWFULLY PRESENT IN THE UNITED STATES AND WHO IS IN THE AGENCY'S CUSTODY
9 TO A FEDERAL FACILITY IN THIS STATE OR TO ANY OTHER POINT OF TRANSFER INTO
10 FEDERAL CUSTODY THAT IS OUTSIDE THE JURISDICTION OF THE LAW ENFORCEMENT
11 AGENCY. A LAW ENFORCEMENT AGENCY SHALL OBTAIN JUDICIAL AUTHORIZATION
12 BEFORE SECURELY TRANSPORTING AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE
13 UNITED STATES TO A POINT OF TRANSFER THAT IS OUTSIDE OF THIS STATE.
14 E. IN THE IMPLEMENTATION OF THIS SECTION, AN ALIEN'S IMMIGRATION
15 STATUS MAY BE DETERMINED BY:
16 1. A LAW ENFORCEMENT OFFICER WHO IS AUTHORIZED BY THE FEDERAL
17 GOVERNMENT TO VERIFY OR ASCERTAIN AN ALIEN'S IMMIGRATION STATUS.
18 2. THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT OR THE
19 UNITED STATES CUSTOMS AND BORDER PROTECTION PURSUANT TO 8 UNITED STATES
20 CODE SECTION 1373(c).
21 E. F. EXCEPT AS PROVIDED IN FEDERAL LAW, OFFICIALS OR AGENCIES OF
22 THIS STATE AND COUNTIES, CITIES, TOWNS AND OTHER POLITICAL SUBDIVISIONS OF
23 THIS STATE MAY NOT BE PROHIBITED OR IN ANY WAY BE RESTRICTED FROM SENDING,
24 RECEIVING OR MAINTAINING INFORMATION RELATING TO THE IMMIGRATION STATUS,
25 LAWFUL OR UNLAWFUL, OF ANY INDIVIDUAL OR EXCHANGING THAT INFORMATION WITH
26 ANY OTHER FEDERAL, STATE OR LOCAL GOVERNMENTAL ENTITY FOR THE FOLLOWING
27 OFFICIAL PURPOSES:
28 1. DETERMINING ELIGIBILITY FOR ANY PUBLIC BENEFIT, SERVICE OR
29 LICENSE PROVIDED BY ANY FEDERAL, STATE, LOCAL OR OTHER POLITICAL
30 SUBDIVISION OF THIS STATE.
31 2. VERIFYING ANY CLAIM OF RESIDENCE OR DOMICILE IF DETERMINATION OF
32 RESIDENCE OR DOMICILE IS REQUIRED UNDER THE LAWS OF THIS STATE OR A
33 JUDICIAL ORDER ISSUED PURSUANT TO A CIVIL OR CRIMINAL PROCEEDING IN THIS
34 STATE.
35 3. IF THE PERSON IS AN ALIEN, DETERMINING WHETHER THE PERSON IS IN
36 COMPLIANCE WITH THE FEDERAL REGISTRATION LAWS PRESCRIBED BY TITLE II,
37 CHAPTER 7 OF THE FEDERAL IMMIGRATION AND NATIONALITY ACT.
38 4. PURSUANT TO 8 UNITED STATES CODE SECTION 1373 AND 8 UNITED
39 STATES CODE SECTION 1644.
40 F. G. THIS SECTION DOES NOT IMPLEMENT, AUTHORIZE OR ESTABLISH AND
41 SHALL NOT BE CONSTRUED TO IMPLEMENT, AUTHORIZE OR ESTABLISH THE REAL ID
42 ACT OF 2005 (P.L. 109-13, DIVISION B; 119 STAT. 302), INCLUDING THE USE OF
43 A RADIO FREQUENCY IDENTIFICATION CHIP.
44 G. H. A PERSON WHO IS A LEGAL RESIDENT OF THIS STATE MAY BRING AN
45 ACTION IN SUPERIOR COURT TO CHALLENGE ANY OFFICIAL OR AGENCY OF THIS STATE
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1 OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE THAT
2 ADOPTS OR IMPLEMENTS A POLICY OR PRACTICE THAT LIMITS OR RESTRICTS THE
3 ENFORCEMENT OF FEDERAL IMMIGRATION LAWS, INCLUDING 8 UNITED STATES CODE
4 SECTIONS 1373 AND 1644, TO LESS THAN THE FULL EXTENT PERMITTED BY FEDERAL
5 LAW. IF THERE IS A JUDICIAL FINDING THAT AN ENTITY HAS VIOLATED THIS
6 SECTION, THE COURT SHALL ORDER THAT THE ENTITY PAY A CIVIL PENALTY OF NOT
7 LESS THAN ONE THOUSAND FIVE HUNDRED DOLLARS AND NOT MORE THAN FIVE
8 THOUSAND DOLLARS FOR EACH DAY THAT THE POLICY HAS REMAINED IN EFFECT AFTER
9 THE FILING OF AN ACTION PURSUANT TO THIS SUBSECTION.
10 H. I. A COURT SHALL COLLECT THE CIVIL PENALTY PRESCRIBED IN
11 SUBSECTION G H OF THIS SECTION AND REMIT THE CIVIL PENALTY TO THE STATE
12 TREASURER FOR DEPOSIT IN THE GANG AND IMMIGRATION INTELLIGENCE TEAM
13 ENFORCEMENT MISSION FUND ESTABLISHED BY SECTION 41-1724.
14 I. J. THE COURT MAY AWARD COURT COSTS AND REASONABLE ATTORNEY FEES
15 TO ANY PERSON OR ANY OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY,
16 TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE THAT PREVAILS BY AN
17 ADJUDICATION ON THE MERITS IN A PROCEEDING BROUGHT PURSUANT TO THIS
18 SECTION.
19 J. K. EXCEPT IN RELATION TO MATTERS IN WHICH THE OFFICER IS
20 ADJUDGED TO HAVE ACTED IN BAD FAITH, A LAW ENFORCEMENT OFFICER IS
21 INDEMNIFIED BY THE LAW ENFORCEMENT OFFICER'S AGENCY AGAINST REASONABLE
22 COSTS AND EXPENSES, INCLUDING ATTORNEY FEES, INCURRED BY THE OFFICER IN
23 CONNECTION WITH ANY ACTION, SUIT OR PROCEEDING BROUGHT PURSUANT TO THIS
24 SECTION IN WHICH THE OFFICER MAY BE A DEFENDANT BY REASON OF THE OFFICER
25 BEING OR HAVING BEEN A MEMBER OF THE LAW ENFORCEMENT AGENCY.
26 K. L. THIS SECTION SHALL BE IMPLEMENTED IN A MANNER CONSISTENT
27 WITH FEDERAL LAWS REGULATING IMMIGRATION, PROTECTING THE CIVIL RIGHTS OF
28 ALL PERSONS AND RESPECTING THE PRIVILEGES AND IMMUNITIES OF UNITED STATES
29 CITIZENS.
30 Sec. 3. Title 13, chapter 15, Arizona Revised Statutes, is amended
31 by adding section 13-1509, to read:
32 13-1509. Willful failure to complete or carry an alien
33 registration document; assessment; exception;
34 authenticated records; classification
35 A. IN ADDITION TO ANY VIOLATION OF FEDERAL LAW, A PERSON IS GUILTY
36 OF WILLFUL FAILURE TO COMPLETE OR CARRY AN ALIEN REGISTRATION DOCUMENT IF
37 THE PERSON IS IN VIOLATION OF 8 UNITED STATES CODE SECTION 1304(e) OR
38 1306(a).
39 B. IN THE ENFORCEMENT OF THIS SECTION, AN ALIEN'S IMMIGRATION
40 STATUS MAY BE DETERMINED BY:
41 1. A LAW ENFORCEMENT OFFICER WHO IS AUTHORIZED BY THE FEDERAL
42 GOVERNMENT TO VERIFY OR ASCERTAIN AN ALIEN'S IMMIGRATION STATUS.
43 2. THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT OR THE
44 UNITED STATES CUSTOMS AND BORDER PROTECTION PURSUANT TO 8 UNITED STATES
45 CODE SECTION 1373(c).
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1 C. A LAW ENFORCEMENT OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY,
2 CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE MAY NOT CONSIDER
3 RACE, COLOR OR NATIONAL ORIGIN IN THE ENFORCEMENT OF THIS SECTION EXCEPT
4 TO THE EXTENT PERMITTED BY THE UNITED STATES OR ARIZONA CONSTITUTION.
5 C. D. A PERSON WHO IS SENTENCED PURSUANT TO THIS SECTION IS NOT
6 ELIGIBLE FOR SUSPENSION OF SENTENCE, PROBATION, PARDON, COMMUTATION OF
7 SENTENCE, OR RELEASE FROM CONFINEMENT ON ANY BASIS EXCEPT AS AUTHORIZED BY
8 SECTION 31-233, SUBSECTION A OR B UNTIL THE SENTENCE IMPOSED BY THE COURT
9 HAS BEEN SERVED OR THE PERSON IS ELIGIBLE FOR RELEASE PURSUANT TO SECTION
10 41-1604.07.
11 D. E. IN ADDITION TO ANY OTHER PENALTY PRESCRIBED BY LAW, THE
12 COURT SHALL ORDER THE PERSON TO PAY JAIL COSTS. AND AN ADDITIONAL
13 ASSESSMENT IN THE FOLLOWING AMOUNTS:
14 1. AT LEAST FIVE HUNDRED DOLLARS FOR A FIRST VIOLATION.
15 2. TWICE THE AMOUNT SPECIFIED IN PARAGRAPH 1 OF THIS SUBSECTION IF
16 THE PERSON WAS PREVIOUSLY SUBJECT TO AN ASSESSMENT PURSUANT TO THIS
17 SUBSECTION.
18 E. A COURT SHALL COLLECT THE ASSESSMENTS PRESCRIBED IN SUBSECTION D
19 OF THIS SECTION AND REMIT THE ASSESSMENTS TO THE DEPARTMENT OF PUBLIC
20 SAFETY, WHICH SHALL ESTABLISH A SPECIAL SUBACCOUNT FOR THE MONIES IN THE
21 ACCOUNT ESTABLISHED FOR THE GANG AND IMMIGRATION INTELLIGENCE TEAM
22 ENFORCEMENT MISSION APPROPRIATION. MONIES IN THE SPECIAL SUBACCOUNT ARE
23 SUBJECT TO LEGISLATIVE APPROPRIATION FOR DISTRIBUTION FOR GANG AND
24 IMMIGRATION ENFORCEMENT AND FOR COUNTY JAIL REIMBURSEMENT COSTS RELATING
25 TO ILLEGAL IMMIGRATION.
26 F. THIS SECTION DOES NOT APPLY TO A PERSON WHO MAINTAINS
27 AUTHORIZATION FROM THE FEDERAL GOVERNMENT TO REMAIN IN THE UNITED STATES.
28 G. ANY RECORD THAT RELATES TO THE IMMIGRATION STATUS OF A PERSON IS
29 ADMISSIBLE IN ANY COURT WITHOUT FURTHER FOUNDATION OR TESTIMONY FROM A
30 CUSTODIAN OF RECORDS IF THE RECORD IS CERTIFIED AS AUTHENTIC BY THE
31 GOVERNMENT AGENCY THAT IS RESPONSIBLE FOR MAINTAINING THE RECORD.
32 H. A VIOLATION OF THIS SECTION IS A CLASS 1 MISDEMEANOR, EXCEPT
33 THAT THE MAXIMUM FINE IS ONE HUNDRED DOLLARS AND FOR A FIRST VIOLATION OF
34 THIS SECTION IS: THE COURT SHALL NOT SENTENCE THE PERSON TO MORE THAN
35 TWENTY DAYS IN JAIL AND FOR A SECOND OR SUBSEQUENT VIOLATION THE COURT
36 SHALL NOT SENTENCE THE PERSON TO MORE THAN THIRTY DAYS IN JAIL.
37 1. A CLASS 3 FELONY IF THE PERSON VIOLATES THIS SECTION WHILE IN
38 POSSESSION OF ANY OF THE FOLLOWING:
39 (a) A DANGEROUS DRUG AS DEFINED IN SECTION 13-3401.
40 (b) PRECURSOR CHEMICALS THAT ARE USED IN THE MANUFACTURING OF
41 METHAMPHETAMINE IN VIOLATION OF SECTION 13-3404.01.
42 (c) A DEADLY WEAPON OR A DANGEROUS INSTRUMENT, AS DEFINED IN
43 SECTION 13-105.
44 (d) PROPERTY THAT IS USED FOR THE PURPOSE OF COMMITTING AN ACT OF
45 TERRORISM AS PRESCRIBED IN SECTION 13-2308.01.
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1 2. A CLASS 4 FELONY IF THE PERSON EITHER:
2 (a) IS CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF THIS
3 SECTION.
4 (b) WITHIN SIXTY MONTHS BEFORE THE VIOLATION, HAS BEEN REMOVED FROM
5 THE UNITED STATES PURSUANT TO 8 UNITED STATES CODE SECTION 1229a OR HAS
6 ACCEPTED A VOLUNTARY REMOVAL FROM THE UNITED STATES PURSUANT TO 8 UNITED
7 STATES CODE SECTION 1229c.
8 Sec. 4. Section 13-2319, Arizona Revised Statutes, is amended to
9 read:
10 13-2319. Smuggling; classification; definitions
11 A. It is unlawful for a person to intentionally engage in the
12 smuggling of human beings for profit or commercial purpose.
13 B. A violation of this section is a class 4 felony.
14 C. Notwithstanding subsection B of this section, a violation of
15 this section:
16 1. Is a class 2 felony if the human being who is smuggled is under
17 eighteen years of age and is not accompanied by a family member over
18 eighteen years of age or the offense involved the use of a deadly weapon
19 or dangerous instrument.
20 2. Is a class 3 felony if the offense involves the use or
21 threatened use of deadly physical force and the person is not eligible for
22 suspension of sentence, probation, pardon or release from confinement on
23 any other basis except pursuant to section 31-233, subsection A or B until
24 the sentence imposed by the court is served, the person is eligible for
25 release pursuant to section 41-1604.07 or the sentence is commuted.
26 D. Chapter 10 of this title does not apply to a violation of
27 subsection C, paragraph 1 of this section.
28 E. NOTWITHSTANDING ANY OTHER LAW, IN THE ENFORCEMENT OF THIS
29 SECTION A PEACE OFFICER MAY LAWFULLY STOP ANY PERSON WHO IS OPERATING A
30 MOTOR VEHICLE IF THE OFFICER HAS REASONABLE SUSPICION TO BELIEVE THE
31 PERSON IS IN VIOLATION OF ANY CIVIL TRAFFIC LAW.
32 E. F. For the purposes of this section:
33 1. "Family member" means the person's parent, grandparent, sibling
34 or any other person who is related to the person by consanguinity or
35 affinity to the second degree.
36 2. "Procurement of transportation" means any participation in or
37 facilitation of transportation and includes:
38 (a) Providing services that facilitate transportation including
39 travel arrangement services or money transmission services.
40 (b) Providing property that facilitates transportation, including a
41 weapon, a vehicle or other means of transportation or false
42 identification, or selling, leasing, renting or otherwise making available
43 a drop house as defined in section 13-2322.
44 3. "Smuggling of human beings" means the transportation,
45 procurement of transportation or use of property or real property by a
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1 person or an entity that knows or has reason to know that the person or
2 persons transported or to be transported are not United States citizens,
3 permanent resident aliens or persons otherwise lawfully in this state or
4 have attempted to enter, entered or remained in the United States in
5 violation of law.
6 Sec. 5. Title 13, chapter 29, Arizona Revised Statutes, is amended
7 by adding sections 13-2928 and 13-2929, to read:
8 13-2928. Unlawful stopping to hire and pick up passengers for
9 work; unlawful application, solicitation or
10 employment; classification; definitions
11 A. IT IS UNLAWFUL FOR AN OCCUPANT OF A MOTOR VEHICLE THAT IS
12 STOPPED ON A STREET, ROADWAY OR HIGHWAY TO ATTEMPT TO HIRE OR HIRE AND
13 PICK UP PASSENGERS FOR WORK AT A DIFFERENT LOCATION IF THE MOTOR VEHICLE
14 BLOCKS OR IMPEDES THE NORMAL MOVEMENT OF TRAFFIC.
15 B. IT IS UNLAWFUL FOR A PERSON TO ENTER A MOTOR VEHICLE THAT IS
16 STOPPED ON A STREET, ROADWAY OR HIGHWAY IN ORDER TO BE HIRED BY AN
17 OCCUPANT OF THE MOTOR VEHICLE AND TO BE TRANSPORTED TO WORK AT A DIFFERENT
18 LOCATION IF THE MOTOR VEHICLE BLOCKS OR IMPEDES THE NORMAL MOVEMENT OF
19 TRAFFIC.
20 C. IT IS UNLAWFUL FOR A PERSON WHO IS UNLAWFULLY PRESENT IN THE
21 UNITED STATES AND WHO IS AN UNAUTHORIZED ALIEN TO KNOWINGLY APPLY FOR
22 WORK, SOLICIT WORK IN A PUBLIC PLACE OR PERFORM WORK AS AN EMPLOYEE OR
23 INDEPENDENT CONTRACTOR IN THIS STATE.
24 D. A LAW ENFORCEMENT OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY,
25 CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE MAY NOT CONSIDER
26 RACE, COLOR OR NATIONAL ORIGIN IN THE ENFORCEMENT OF THIS SECTION EXCEPT
27 TO THE EXTENT PERMITTED BY THE UNITED STATES OR ARIZONA CONSTITUTION.
28 E. IN THE ENFORCEMENT OF THIS SECTION, AN ALIEN'S IMMIGRATION
29 STATUS MAY BE DETERMINED BY:
30 1. A LAW ENFORCEMENT OFFICER WHO IS AUTHORIZED BY THE FEDERAL
31 GOVERNMENT TO VERIFY OR ASCERTAIN AN ALIEN'S IMMIGRATION STATUS.
32 2. THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT OR THE
33 UNITED STATES CUSTOMS AND BORDER PROTECTION PURSUANT TO 8 UNITED STATES
34 CODE SECTION 1373(c).
35 D. F. A VIOLATION OF THIS SECTION IS A CLASS 1 MISDEMEANOR.
36 E. G. FOR THE PURPOSES OF THIS SECTION:
37 1. "SOLICIT" MEANS VERBAL OR NONVERBAL COMMUNICATION BY A GESTURE
38 OR A NOD THAT WOULD INDICATE TO A REASONABLE PERSON THAT A PERSON IS
39 WILLING TO BE EMPLOYED.
40 2. "UNAUTHORIZED ALIEN" MEANS AN ALIEN WHO DOES NOT HAVE THE LEGAL
41 RIGHT OR AUTHORIZATION UNDER FEDERAL LAW TO WORK IN THE UNITED STATES AS
42 DESCRIBED IN 8 UNITED STATES CODE SECTION 1324a(h)(3).
43 13-2929. Unlawful transporting, moving, concealing, harboring
44 or shielding of unlawful aliens; vehicle
45 impoundment; exception; classification
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1 A. IT IS UNLAWFUL FOR A PERSON WHO IS IN VIOLATION OF A CRIMINAL
2 OFFENSE TO:
3 1. TRANSPORT OR MOVE OR ATTEMPT TO TRANSPORT OR MOVE AN ALIEN IN
4 THIS STATE, IN FURTHERANCE OF THE ILLEGAL PRESENCE OF THE ALIEN IN THE
5 UNITED STATES, IN A MEANS OF TRANSPORTATION IF THE PERSON KNOWS OR
6 RECKLESSLY DISREGARDS THE FACT THAT THE ALIEN HAS COME TO, HAS ENTERED OR
7 REMAINS IN THE UNITED STATES IN VIOLATION OF LAW.
8 2. CONCEAL, HARBOR OR SHIELD OR ATTEMPT TO CONCEAL, HARBOR OR
9 SHIELD AN ALIEN FROM DETECTION IN ANY PLACE IN THIS STATE, INCLUDING ANY
10 BUILDING OR ANY MEANS OF TRANSPORTATION, IF THE PERSON KNOWS OR RECKLESSLY
11 DISREGARDS THE FACT THAT THE ALIEN HAS COME TO, HAS ENTERED OR REMAINS IN
12 THE UNITED STATES IN VIOLATION OF LAW.
13 3. ENCOURAGE OR INDUCE AN ALIEN TO COME TO OR RESIDE IN THIS STATE
14 IF THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE FACT THAT SUCH COMING TO,
15 ENTERING OR RESIDING IN THIS STATE IS OR WILL BE IN VIOLATION OF LAW.
16 B. A MEANS OF TRANSPORTATION THAT IS USED IN THE COMMISSION OF A
17 VIOLATION OF THIS SECTION IS SUBJECT TO MANDATORY VEHICLE IMMOBILIZATION
18 OR IMPOUNDMENT PURSUANT TO SECTION 28-3511.
19 C. A LAW ENFORCEMENT OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY,
20 CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE MAY NOT CONSIDER
21 RACE, COLOR OR NATIONAL ORIGIN IN THE ENFORCEMENT OF THIS SECTION EXCEPT
22 TO THE EXTENT PERMITTED BY THE UNITED STATES OR ARIZONA CONSTITUTION.
23 D. IN THE ENFORCEMENT OF THIS SECTION, AN ALIEN'S IMMIGRATION
24 STATUS MAY BE DETERMINED BY:
25 1. A LAW ENFORCEMENT OFFICER WHO IS AUTHORIZED BY THE FEDERAL
26 GOVERNMENT TO VERIFY OR ASCERTAIN AN ALIEN'S IMMIGRATION STATUS.
27 2. THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT OR THE
28 UNITED STATES CUSTOMS AND BORDER PROTECTION PURSUANT TO 8 UNITED STATES
29 CODE SECTION 1373(c).
30 C. E. THIS SECTION DOES NOT APPLY TO A CHILD PROTECTIVE SERVICES
31 WORKER ACTING IN THE WORKER'S OFFICIAL CAPACITY OR A PERSON WHO IS ACTING
32 IN THE CAPACITY OF A FIRST RESPONDER, AN AMBULANCE ATTENDANT OR AN
33 EMERGENCY MEDICAL TECHNICIAN AND WHO IS TRANSPORTING OR MOVING AN ALIEN IN
34 THIS STATE PURSUANT TO TITLE 36, CHAPTER 21.1.
35 D. F. A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A CLASS 1
36 MISDEMEANOR AND IS SUBJECT TO A FINE OF AT LEAST ONE THOUSAND DOLLARS,
37 EXCEPT THAT A VIOLATION OF THIS SECTION THAT INVOLVES TEN OR MORE ILLEGAL
38 ALIENS IS A CLASS 6 FELONY AND THE PERSON IS SUBJECT TO A FINE OF AT LEAST
39 ONE THOUSAND DOLLARS FOR EACH ALIEN WHO IS INVOLVED.
40 Sec. 6. Section 13-3883, Arizona Revised Statutes, is amended to
41 read:
42 13-3883. Arrest by officer without warrant
43 A. A peace officer may, without a warrant, MAY arrest a person if
44 he THE OFFICER has probable cause to believe:
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1 1. A felony has been committed and probable cause to believe the
2 person to be arrested has committed the felony.
3 2. A misdemeanor has been committed in his THE OFFICER'S presence
4 and probable cause to believe the person to be arrested has committed the
5 offense.
6 3. The person to be arrested has been involved in a traffic
7 accident and violated any criminal section of title 28, and that such
8 violation occurred prior to or immediately following such traffic
9 accident.
10 4. A misdemeanor or a petty offense has been committed and probable
11 cause to believe the person to be arrested has committed the offense. A
12 person arrested under this paragraph is eligible for release under section
13 13-3903.
14 5. THE PERSON TO BE ARRESTED HAS COMMITTED ANY PUBLIC OFFENSE THAT
15 MAKES THE PERSON REMOVABLE FROM THE UNITED STATES.
16 B. A peace officer may stop and detain a person as is reasonably
17 necessary to investigate an actual or suspected violation of any traffic
18 law committed in the officer's presence and may serve a copy of the
19 traffic complaint for any alleged civil or criminal traffic violation. A
20 peace officer who serves a copy of the traffic complaint shall do so
21 within a reasonable time of the alleged criminal or civil traffic
22 violation.
23 Sec. 7. Section 23-212, Arizona Revised Statutes, is amended to
24 read:
25 23-212. Knowingly employing unauthorized aliens; prohibition;
26 false and frivolous complaints; violation;
27 classification; license suspension and revocation;
28 affirmative defense
29 A. An employer shall not knowingly employ an unauthorized alien.
30 If, in the case when an employer uses a contract, subcontract or other
31 independent contractor agreement to obtain the labor of an alien in this
32 state, the employer knowingly contracts with an unauthorized alien or with
33 a person who employs or contracts with an unauthorized alien to perform
34 the labor, the employer violates this subsection.
35 B. The attorney general shall prescribe a complaint form for a
36 person to allege a violation of subsection A of this section. The
37 complainant shall not be required to list the complainant's social
38 security number on the complaint form or to have the complaint form
39 notarized. On receipt of a complaint on a prescribed complaint form that
40 an employer allegedly knowingly employs an unauthorized alien, the
41 attorney general or county attorney shall investigate whether the employer
42 has violated subsection A of this section. If a complaint is received but
43 is not submitted on a prescribed complaint form, the attorney general or
44 county attorney may investigate whether the employer has violated
45 subsection A of this section. This subsection shall not be construed to
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1 prohibit the filing of anonymous complaints that are not submitted on a
2 prescribed complaint form. The attorney general or county attorney shall
3 not investigate complaints that are based solely on race, color or
4 national origin. A complaint that is submitted to a county attorney shall
5 be submitted to the county attorney in the county in which the alleged
6 unauthorized alien is or was employed by the employer. The county sheriff
7 or any other local law enforcement agency may assist in investigating a
8 complaint. When investigating a complaint, the attorney general or county
9 attorney shall verify the work authorization of the alleged unauthorized
10 alien with the federal government pursuant to 8 United States Code section
11 1373(c). A state, county or local official shall not attempt to
12 independently make a final determination on whether an alien is authorized
13 to work in the United States. An alien's immigration status or work
14 authorization status shall be verified with the federal government
15 pursuant to 8 United States Code section 1373(c). A person who knowingly
16 files a false and frivolous complaint under this subsection is guilty of a
17 class 3 misdemeanor.
18 C. If, after an investigation, the attorney general or county
19 attorney determines that the complaint is not false and frivolous:
20 1. The attorney general or county attorney shall notify the United
21 States immigration and customs enforcement of the unauthorized alien.
22 2. The attorney general or county attorney shall notify the local
23 law enforcement agency of the unauthorized alien.
24 3. The attorney general shall notify the appropriate county
25 attorney to bring an action pursuant to subsection D of this section if
26 the complaint was originally filed with the attorney general.
27 D. An action for a violation of subsection A of this section shall
28 be brought against the employer by the county attorney in the county where
29 the unauthorized alien employee is or was employed by the employer. The
30 county attorney shall not bring an action against any employer for any
31 violation of subsection A of this section that occurs before January 1,
32 2008. A second violation of this section shall be based only on an
33 unauthorized alien who is or was employed by the employer after an action
34 has been brought for a violation of subsection A of this section or
35 section 23-212.01, subsection A.
36 E. For any action in superior court under this section, the court
37 shall expedite the action, including assigning the hearing at the earliest
38 practicable date.
39 F. On a finding of a violation of subsection A of this section:
40 1. For a first violation, as described in paragraph 3 of this
41 subsection, the court:
42 (a) Shall order the employer to terminate the employment of all
43 unauthorized aliens.
44 (b) Shall order the employer to be subject to a three year
45 probationary period for the business location where the unauthorized alien
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1 performed work. During the probationary period the employer shall file
2 quarterly reports in the form provided in section 23-722.01 with the
3 county attorney of each new employee who is hired by the employer at the
4 business location where the unauthorized alien performed work.
5 (c) Shall order the employer to file a signed sworn affidavit with
6 the county attorney within three business days after the order is
7 issued. The affidavit shall state that the employer has terminated the
8 employment of all unauthorized aliens in this state and that the employer
9 will not intentionally or knowingly employ an unauthorized alien in this
10 state. The court shall order the appropriate agencies to suspend all
11 licenses subject to this subdivision that are held by the employer if the
12 employer fails to file a signed sworn affidavit with the county attorney
13 within three business days after the order is issued. All licenses that
14 are suspended under this subdivision shall remain suspended until the
15 employer files a signed sworn affidavit with the county attorney.
16 Notwithstanding any other law, on filing of the affidavit the suspended
17 licenses shall be reinstated immediately by the appropriate agencies. For
18 the purposes of this subdivision, the licenses that are subject to
19 suspension under this subdivision are all licenses that are held by the
20 employer specific to the business location where the unauthorized alien
21 performed work. If the employer does not hold a license specific to the
22 business location where the unauthorized alien performed work, but a
23 license is necessary to operate the employer's business in general, the
24 licenses that are subject to suspension under this subdivision are all
25 licenses that are held by the employer at the employer's primary place of
26 business. On receipt of the court's order and notwithstanding any other
27 law, the appropriate agencies shall suspend the licenses according to the
28 court's order. The court shall send a copy of the court's order to the
29 attorney general and the attorney general shall maintain the copy pursuant
30 to subsection G of this section.
31 (d) May order the appropriate agencies to suspend all licenses
32 described in subdivision (c) of this paragraph that are held by the
33 employer for not to exceed ten business days. The court shall base its
34 decision to suspend under this subdivision on any evidence or information
35 submitted to it during the action for a violation of this subsection and
36 shall consider the following factors, if relevant:
37 (i) The number of unauthorized aliens employed by the employer.
38 (ii) Any prior misconduct by the employer.
39 (iii) The degree of harm resulting from the violation.
40 (iv) Whether the employer made good faith efforts to comply with
41 any applicable requirements.
42 (v) The duration of the violation.
43 (vi) The role of the directors, officers or principals of the
44 employer in the violation.
45 (vii) Any other factors the court deems appropriate.
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1 2. For a second violation, as described in paragraph 3 of this
2 subsection, the court shall order the appropriate agencies to permanently
3 revoke all licenses that are held by the employer specific to the business
4 location where the unauthorized alien performed work. If the employer
5 does not hold a license specific to the business location where the
6 unauthorized alien performed work, but a license is necessary to operate
7 the employer's business in general, the court shall order the appropriate
8 agencies to permanently revoke all licenses that are held by the employer
9 at the employer's primary place of business. On receipt of the order and
10 notwithstanding any other law, the appropriate agencies shall immediately
11 revoke the licenses.
12 3. The violation shall be considered:
13 (a) A first violation by an employer at a business location if the
14 violation did not occur during a probationary period ordered by the court
15 under this subsection or section 23-212.01, subsection F for that
16 employer's business location.
17 (b) A second violation by an employer at a business location if the
18 violation occurred during a probationary period ordered by the court under
19 this subsection or section 23-212.01, subsection F for that employer's
20 business location.
21 G. The attorney general shall maintain copies of court orders that
22 are received pursuant to subsection F of this section and shall maintain a
23 database of the employers and business locations that have a first
24 violation of subsection A of this section and make the court orders
25 available on the attorney general's website.
26 H. On determining whether an employee is an unauthorized alien, the
27 court shall consider only the federal government's determination pursuant
28 to 8 United States Code section 1373(c). The federal government's
29 determination creates a rebuttable presumption of the employee's lawful
30 status. The court may take judicial notice of the federal government's
31 determination and may request the federal government to provide automated
32 or testimonial verification pursuant to 8 United States Code section
33 1373(c).
34 I. For the purposes of this section, proof of verifying the
35 employment authorization of an employee through the e-verify program
36 creates a rebuttable presumption that an employer did not knowingly employ
37 an unauthorized alien.
38 J. For the purposes of this section, an employer that establishes
39 that it has complied in good faith with the requirements of 8 United
40 States Code section 1324a(b) establishes an affirmative defense that the
41 employer did not knowingly employ an unauthorized alien. An employer is
42 considered to have complied with the requirements of 8 United States Code
43 section 1324a(b), notwithstanding an isolated, sporadic or accidental
44 technical or procedural failure to meet the requirements, if there is a
45 good faith attempt to comply with the requirements.
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1 K. IT IS AN AFFIRMATIVE DEFENSE TO A VIOLATION OF SUBSECTION A OF
2 THIS SECTION THAT THE EMPLOYER WAS ENTRAPPED. TO CLAIM ENTRAPMENT, THE
3 EMPLOYER MUST ADMIT BY THE EMPLOYER'S TESTIMONY OR OTHER EVIDENCE THE
4 SUBSTANTIAL ELEMENTS OF THE VIOLATION. AN EMPLOYER WHO ASSERTS AN
5 ENTRAPMENT DEFENSE HAS THE BURDEN OF PROVING THE FOLLOWING BY A
6 PREPONDERANCE OF THE EVIDENCE:
7 1. THE IDEA OF COMMITTING THE VIOLATION STARTED WITH LAW
8 ENFORCEMENT OFFICERS OR THEIR AGENTS RATHER THAN WITH THE EMPLOYER.
9 2. THE LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED
10 THE EMPLOYER TO COMMIT THE VIOLATION.
11 3. THE EMPLOYER WAS NOT PREDISPOSED TO COMMIT THE VIOLATION BEFORE
12 THE LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE
13 EMPLOYER TO COMMIT THE VIOLATION.
14 L. AN EMPLOYER DOES NOT ESTABLISH ENTRAPMENT IF THE EMPLOYER WAS
15 PREDISPOSED TO VIOLATE SUBSECTION A OF THIS SECTION AND THE LAW
16 ENFORCEMENT OFFICERS OR THEIR AGENTS MERELY PROVIDED THE EMPLOYER WITH AN
17 OPPORTUNITY TO COMMIT THE VIOLATION. IT IS NOT ENTRAPMENT FOR LAW
18 ENFORCEMENT OFFICERS OR THEIR AGENTS MERELY TO USE A RUSE OR TO CONCEAL
19 THEIR IDENTITY. THE CONDUCT OF LAW ENFORCEMENT OFFICERS AND THEIR AGENTS
20 MAY BE CONSIDERED IN DETERMINING IF AN EMPLOYER HAS PROVEN ENTRAPMENT.
21 Sec. 8. Section 23-212.01, Arizona Revised Statutes, is amended to
22 read:
23 23-212.01. Intentionally employing unauthorized aliens;
24 prohibition; false and frivolous complaints;
25 violation; classification; license suspension
26 and revocation; affirmative defense
27 A. An employer shall not intentionally employ an unauthorized
28 alien. If, in the case when an employer uses a contract, subcontract or
29 other independent contractor agreement to obtain the labor of an alien in
30 this state, the employer intentionally contracts with an unauthorized
31 alien or with a person who employs or contracts with an unauthorized alien
32 to perform the labor, the employer violates this subsection.
33 B. The attorney general shall prescribe a complaint form for a
34 person to allege a violation of subsection A of this section. The
35 complainant shall not be required to list the complainant's social
36 security number on the complaint form or to have the complaint form
37 notarized. On receipt of a complaint on a prescribed complaint form that
38 an employer allegedly intentionally employs an unauthorized alien, the
39 attorney general or county attorney shall investigate whether the employer
40 has violated subsection A of this section. If a complaint is received but
41 is not submitted on a prescribed complaint form, the attorney general or
42 county attorney may investigate whether the employer has violated
43 subsection A of this section. This subsection shall not be construed to
44 prohibit the filing of anonymous complaints that are not submitted on a
45 prescribed complaint form. The attorney general or county attorney shall
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1 not investigate complaints that are based solely on race, color or
2 national origin. A complaint that is submitted to a county attorney shall
3 be submitted to the county attorney in the county in which the alleged
4 unauthorized alien is or was employed by the employer. The county sheriff
5 or any other local law enforcement agency may assist in investigating a
6 complaint. When investigating a complaint, the attorney general or county
7 attorney shall verify the work authorization of the alleged unauthorized
8 alien with the federal government pursuant to 8 United States Code section
9 1373(c). A state, county or local official shall not attempt to
10 independently make a final determination on whether an alien is authorized
11 to work in the United States. An alien's immigration status or work
12 authorization status shall be verified with the federal government
13 pursuant to 8 United States Code section 1373(c). A person who knowingly
14 files a false and frivolous complaint under this subsection is guilty of a
15 class 3 misdemeanor.
16 C. If, after an investigation, the attorney general or county
17 attorney determines that the complaint is not false and frivolous:
18 1. The attorney general or county attorney shall notify the United
19 States immigration and customs enforcement of the unauthorized alien.
20 2. The attorney general or county attorney shall notify the local
21 law enforcement agency of the unauthorized alien.
22 3. The attorney general shall notify the appropriate county
23 attorney to bring an action pursuant to subsection D of this section if
24 the complaint was originally filed with the attorney general.
25 D. An action for a violation of subsection A of this section shall
26 be brought against the employer by the county attorney in the county where
27 the unauthorized alien employee is or was employed by the employer. The
28 county attorney shall not bring an action against any employer for any
29 violation of subsection A of this section that occurs before January 1,
30 2008. A second violation of this section shall be based only on an
31 unauthorized alien who is or was employed by the employer after an action
32 has been brought for a violation of subsection A of this section or
33 section 23-212, subsection A.
34 E. For any action in superior court under this section, the court
35 shall expedite the action, including assigning the hearing at the earliest
36 practicable date.
37 F. On a finding of a violation of subsection A of this section:
38 1. For a first violation, as described in paragraph 3 of this
39 subsection, the court shall:
40 (a) Order the employer to terminate the employment of all
41 unauthorized aliens.
42 (b) Order the employer to be subject to a five year probationary
43 period for the business location where the unauthorized alien performed
44 work. During the probationary period the employer shall file quarterly
45 reports in the form provided in section 23-722.01 with the county attorney
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1 of each new employee who is hired by the employer at the business location
2 where the unauthorized alien performed work.
3 (c) Order the appropriate agencies to suspend all licenses
4 described in subdivision (d) of this paragraph that are held by the
5 employer for a minimum of ten days. The court shall base its decision on
6 the length of the suspension under this subdivision on any evidence or
7 information submitted to it during the action for a violation of this
8 subsection and shall consider the following factors, if relevant:
9 (i) The number of unauthorized aliens employed by the employer.
10 (ii) Any prior misconduct by the employer.
11 (iii) The degree of harm resulting from the violation.
12 (iv) Whether the employer made good faith efforts to comply with
13 any applicable requirements.
14 (v) The duration of the violation.
15 (vi) The role of the directors, officers or principals of the
16 employer in the violation.
17 (vii) Any other factors the court deems appropriate.
18 (d) Order the employer to file a signed sworn affidavit with the
19 county attorney. The affidavit shall state that the employer has
20 terminated the employment of all unauthorized aliens in this state and
21 that the employer will not intentionally or knowingly employ an
22 unauthorized alien in this state. The court shall order the appropriate
23 agencies to suspend all licenses subject to this subdivision that are held
24 by the employer if the employer fails to file a signed sworn affidavit
25 with the county attorney within three business days after the order is
26 issued. All licenses that are suspended under this subdivision for
27 failing to file a signed sworn affidavit shall remain suspended until the
28 employer files a signed sworn affidavit with the county attorney. For the
29 purposes of this subdivision, the licenses that are subject to suspension
30 under this subdivision are all licenses that are held by the employer
31 specific to the business location where the unauthorized alien performed
32 work. If the employer does not hold a license specific to the business
33 location where the unauthorized alien performed work, but a license is
34 necessary to operate the employer's business in general, the licenses that
35 are subject to suspension under this subdivision are all licenses that are
36 held by the employer at the employer's primary place of business. On
37 receipt of the court's order and notwithstanding any other law, the
38 appropriate agencies shall suspend the licenses according to the court's
39 order. The court shall send a copy of the court's order to the attorney
40 general and the attorney general shall maintain the copy pursuant to
41 subsection G of this section.
42 2. For a second violation, as described in paragraph 3 of this
43 subsection, the court shall order the appropriate agencies to permanently
44 revoke all licenses that are held by the employer specific to the business
45 location where the unauthorized alien performed work. If the employer
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1 does not hold a license specific to the business location where the
2 unauthorized alien performed work, but a license is necessary to operate
3 the employer's business in general, the court shall order the appropriate
4 agencies to permanently revoke all licenses that are held by the employer
5 at the employer's primary place of business. On receipt of the order and
6 notwithstanding any other law, the appropriate agencies shall immediately
7 revoke the licenses.
8 3. The violation shall be considered:
9 (a) A first violation by an employer at a business location if the
10 violation did not occur during a probationary period ordered by the court
11 under this subsection or section 23-212, subsection F for that employer's
12 business location.
13 (b) A second violation by an employer at a business location if the
14 violation occurred during a probationary period ordered by the court under
15 this subsection or section 23-212, subsection F for that employer's
16 business location.
17 G. The attorney general shall maintain copies of court orders that
18 are received pursuant to subsection F of this section and shall maintain a
19 database of the employers and business locations that have a first
20 violation of subsection A of this section and make the court orders
21 available on the attorney general's website.
22 H. On determining whether an employee is an unauthorized alien, the
23 court shall consider only the federal government's determination pursuant
24 to 8 United States Code section 1373(c). The federal government's
25 determination creates a rebuttable presumption of the employee's lawful
26 status. The court may take judicial notice of the federal government's
27 determination and may request the federal government to provide automated
28 or testimonial verification pursuant to 8 United States Code section
29 1373(c).
30 I. For the purposes of this section, proof of verifying the
31 employment authorization of an employee through the e-verify program
32 creates a rebuttable presumption that an employer did not intentionally
33 employ an unauthorized alien.
34 J. For the purposes of this section, an employer that establishes
35 that it has complied in good faith with the requirements of 8 United
36 States Code section 1324a(b) establishes an affirmative defense that the
37 employer did not intentionally employ an unauthorized alien. An employer
38 is considered to have complied with the requirements of 8 United States
39 Code section 1324a(b), notwithstanding an isolated, sporadic or accidental
40 technical or procedural failure to meet the requirements, if there is a
41 good faith attempt to comply with the requirements.
42 K. IT IS AN AFFIRMATIVE DEFENSE TO A VIOLATION OF SUBSECTION A OF
43 THIS SECTION THAT THE EMPLOYER WAS ENTRAPPED. TO CLAIM ENTRAPMENT, THE
44 EMPLOYER MUST ADMIT BY THE EMPLOYER'S TESTIMONY OR OTHER EVIDENCE THE
45 SUBSTANTIAL ELEMENTS OF THE VIOLATION. AN EMPLOYER WHO ASSERTS AN
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1 ENTRAPMENT DEFENSE HAS THE BURDEN OF PROVING THE FOLLOWING BY A
2 PREPONDERANCE OF THE EVIDENCE:
3 1. THE IDEA OF COMMITTING THE VIOLATION STARTED WITH LAW
4 ENFORCEMENT OFFICERS OR THEIR AGENTS RATHER THAN WITH THE EMPLOYER.
5 2. THE LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED
6 THE EMPLOYER TO COMMIT THE VIOLATION.
7 3. THE EMPLOYER WAS NOT PREDISPOSED TO COMMIT THE VIOLATION BEFORE
8 THE LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE
9 EMPLOYER TO COMMIT THE VIOLATION.
10 L. AN EMPLOYER DOES NOT ESTABLISH ENTRAPMENT IF THE EMPLOYER WAS
11 PREDISPOSED TO VIOLATE SUBSECTION A OF THIS SECTION AND THE LAW
12 ENFORCEMENT OFFICERS OR THEIR AGENTS MERELY PROVIDED THE EMPLOYER WITH AN
13 OPPORTUNITY TO COMMIT THE VIOLATION. IT IS NOT ENTRAPMENT FOR LAW
14 ENFORCEMENT OFFICERS OR THEIR AGENTS MERELY TO USE A RUSE OR TO CONCEAL
15 THEIR IDENTITY. THE CONDUCT OF LAW ENFORCEMENT OFFICERS AND THEIR AGENTS
16 MAY BE CONSIDERED IN DETERMINING IF AN EMPLOYER HAS PROVEN ENTRAPMENT.
17 Sec. 9. Section 23-214, Arizona Revised Statutes, is amended to
18 read:
19 23-214. Verification of employment eligibility; e-verify
20 program; economic development incentives; list of
21 registered employers
22 A. After December 31, 2007, every employer, after hiring an
23 employee, shall verify the employment eligibility of the employee through
24 the e-verify program AND SHALL KEEP A RECORD OF THE VERIFICATION FOR THE
25 DURATION OF THE EMPLOYEE'S EMPLOYMENT OR AT LEAST THREE YEARS, WHICHEVER
26 IS LONGER.
27 B. In addition to any other requirement for an employer to receive
28 an economic development incentive from a government entity, the employer
29 shall register with and participate in the e-verify program. Before
30 receiving the economic development incentive, the employer shall provide
31 proof to the government entity that the employer is registered with and is
32 participating in the e-verify program. If the government entity
33 determines that the employer is not complying with this subsection, the
34 government entity shall notify the employer by certified mail of the
35 government entity's determination of noncompliance and the employer's
36 right to appeal the determination. On a final determination of
37 noncompliance, the employer shall repay all monies received as an economic
38 development incentive to the government entity within thirty days of the
39 final determination. For the purposes of this subsection:
40 1. "Economic development incentive" means any grant, loan or
41 performance-based incentive from any government entity that is awarded
42 after September 30, 2008. Economic development incentive does not include
43 any tax provision under title 42 or 43.
44 2. "Government entity" means this state and any political
45 subdivision of this state that receives and uses tax revenues.
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1 C. Every three months the attorney general shall request from the
2 United States department of homeland security a list of employers from
3 this state that are registered with the e-verify program. On receipt of
4 the list of employers, the attorney general shall make the list available
5 on the attorney general's website.
6 Sec. 10. Section 28-3511, Arizona Revised Statutes, is amended to
7 read:
8 28-3511. Removal and immobilization or impoundment of vehicle
9 A. A peace officer shall cause the removal and either
10 immobilization or impoundment of a vehicle if the peace officer determines
11 that a person is driving the vehicle while any of the following applies:
12 1. The person's driving privilege is suspended or revoked for any
13 reason.
14 2. The person has not ever been issued a valid driver license or
15 permit by this state and the person does not produce evidence of ever
16 having a valid driver license or permit issued by another
17 jurisdiction. This paragraph does not apply to the operation of an
18 implement of husbandry.
19 3. The person is subject to an ignition interlock device
20 requirement pursuant to chapter 4 of this title and the person is
21 operating a vehicle without a functioning certified ignition interlock
22 device. This paragraph does not apply to a person operating an employer's
23 vehicle or the operation of a vehicle due to a substantial emergency as
24 defined in section 28-1464.
25 4. IN FURTHERANCE OF THE ILLEGAL PRESENCE OF AN ALIEN IN THE UNITED
26 STATES AND IN VIOLATION OF A CRIMINAL OFFENSE, THE PERSON IS TRANSPORTING
27 OR MOVING OR ATTEMPTING TO TRANSPORT OR MOVE AN ALIEN IN THIS STATE IN A
28 VEHICLE IF THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE FACT THAT THE
29 ALIEN HAS COME TO, HAS ENTERED OR REMAINS IN THE UNITED STATES IN
30 VIOLATION OF LAW.
31 5. THE PERSON IS CONCEALING, HARBORING OR SHIELDING OR ATTEMPTING
32 TO CONCEAL, HARBOR OR SHIELD FROM DETECTION AN ALIEN IN THIS STATE IN A
33 VEHICLE IF THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE FACT THAT THE
34 ALIEN HAS COME TO, ENTERED OR REMAINS IN THE UNITED STATES IN VIOLATION OF
35 LAW.
36 B. A peace officer shall cause the removal and impoundment of a
37 vehicle if the peace officer determines that a person is driving the
38 vehicle and if all of the following apply:
39 1. The person's driving privilege is canceled, suspended or revoked
40 for any reason or the person has not ever been issued a driver license or
41 permit by this state and the person does not produce evidence of ever
42 having a driver license or permit issued by another jurisdiction.
43 2. The person is not in compliance with the financial
44 responsibility requirements of chapter 9, article 4 of this title.
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1 3. The person is driving a vehicle that is involved in an accident
2 that results in either property damage or injury to or death of another
3 person.
4 C. Except as provided in subsection D of this section, while a
5 peace officer has control of the vehicle the peace officer shall cause the
6 removal and either immobilization or impoundment of the vehicle if the
7 peace officer has probable cause to arrest the driver of the vehicle for a
8 violation of section 4-244, paragraph 34 or section 28-1382 or 28-1383.
9 D. A peace officer shall not cause the removal and either the
10 immobilization or impoundment of a vehicle pursuant to subsection C of
11 this section if all of the following apply:
12 1. The peace officer determines that the vehicle is currently
13 registered and that the driver or the vehicle is in compliance with the
14 financial responsibility requirements of chapter 9, article 4 of this
15 title.
16 2. The spouse of the driver is with the driver at the time of the
17 arrest.
18 3. The peace officer has reasonable grounds to believe that the
19 spouse of the driver:
20 (a) Has a valid driver license.
21 (b) Is not impaired by intoxicating liquor, any drug, a vapor
22 releasing substance containing a toxic substance or any combination of
23 liquor, drugs or vapor releasing substances.
24 (c) Does not have any spirituous liquor in the spouse's body if the
25 spouse is under twenty-one years of age.
26 4. The spouse notifies the peace officer that the spouse will drive
27 the vehicle from the place of arrest to the driver's home or other place
28 of safety.
29 5. The spouse drives the vehicle as prescribed by paragraph 4 of
30 this subsection.
31 E. Except as otherwise provided in this article, a vehicle that is
32 removed and either immobilized or impounded pursuant to subsection A, B or
33 C of this section shall be immobilized or impounded for thirty days. An
34 insurance company does not have a duty to pay any benefits for charges or
35 fees for immobilization or impoundment.
36 F. The owner of a vehicle that is removed and either immobilized or
37 impounded pursuant to subsection A, B or C of this section, the spouse of
38 the owner and each person identified on the department's record with an
39 interest in the vehicle shall be provided with an opportunity for an
40 immobilization or poststorage hearing pursuant to section 28-3514.
41 Sec. 11. Title 41, chapter 12, article 2, Arizona Revised Statutes,
42 is amended by adding section 41-1724, to read:
43 41-1724. Gang and immigration intelligence team enforcement
44 mission fund
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1 THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION FUND
2 IS ESTABLISHED CONSISTING OF MONIES DEPOSITED PURSUANT TO SECTION 11-1051
3 AND MONIES APPROPRIATED BY THE LEGISLATURE. THE DEPARTMENT SHALL
4 ADMINISTER THE FUND. MONIES IN THE FUND ARE SUBJECT TO LEGISLATIVE
5 APPROPRIATION AND SHALL BE USED FOR GANG AND IMMIGRATION ENFORCEMENT AND
6 FOR COUNTY JAIL REIMBURSEMENT COSTS RELATING TO ILLEGAL IMMIGRATION.
7 Sec. 12. Severability, implementation and construction
8 A. If a provision of this act or its application to any person or
9 circumstance is held invalid, the invalidity does not affect other
10 provisions or applications of the act that can be given effect without the
11 invalid provision or application, and to this end the provisions of this
12 act are severable.
13 B. The terms of this act regarding immigration shall be construed
14 to have the meanings given to them under federal immigration law.
15 C. This act shall be implemented in a manner consistent with
16 federal laws regulating immigration, protecting the civil rights of all
17 persons and respecting the privileges and immunities of United States
18 citizens.
19 D. Nothing in this act shall implement or shall be construed or
20 interpreted to implement or establish the REAL ID act of 2005 (P.L. 109-
21 13, division B; 119 Stat. 302) including the use of a radio frequency
22 identification chip.
23 Sec. 13. Short title
24 This act may be cited as the "Support Our Law Enforcement and Safe
25 Neighborhoods Act".
26 Sec. 14. Immigration legislation challenges
27 A. Notwithstanding title 41, chapter 1, Arizona Revised Statutes,
28 and any other law, through December 31, 2010, the attorney general shall
29 act at the direction of the governor in any challenge in a state or
30 federal court to Laws 2010, chapter 113 and any amendments to that law.
31 B. Notwithstanding title 41, chapter 1, Arizona Revised Statutes,
32 and any other law, through December 31, 2010, the governor may direct
33 counsel other than the attorney general to appear on behalf of this state
34 to defend any challenge to Laws 2010, chapter 113 and any amendments to
35 that law.
36
37

Photo: Arizona Gov. Jan Brewer, the Republican secretary of state who succeeded Janet Napolitano after the Democrat joined the Obama administration, set off a political firestorm April 23 by signing into law a tough immigration bill.Tom Tingle, The Arizona Republic/Associated Press