According to the proposed immigration laws that wick be effective in the next two months, it will be a state crime for undocumented settlers to be in Arizona. This proposed law will not only make Arizona the only state with this kind of immigration laws but has also generated a huge debate within the United States. While proponents of this proposed law argue that the legislation is legally sound, the opponents argue that it’s the federal government’s responsibility to enact and enforce immigration laws. Moreover, critics to this legislation predict racial profiling and diversion of federal money from other national priorities.
In addition to this, there is also the concern of guaranteed equal protection for all citizens within Arizona under this legislation. Some critics envisage the likely violation of the Fourth Amendment that promises the right against unfair searches and arrests. However, according to Arizona’s new immigration law, the local law-enforcement authorities have been granted the power to question the immigration status of a person. These officers have the right to question a person’s immigration status if they reasonably suspect that the person is undocumented.
When an immigrant is arrested by the local law enforcement officers, he/she is handed over to the United States Immigration and Customs Enforcement Department. As a result, it is believed that the Arizona’s immigration law will obstruct the federal law enforcement agencies from performing their duties of arresting and taking away dangerous criminal aliens. As compared to immigration laws of other states, Arizona’s immigration policy is clearly seen as a direct and extreme attempt by a state to control immigration law (Nowicki 2010).
Any legal Arizona resident has been given the ability to prosecute officials or state agencies that implement practices which retrain the enforcement of SB 1070. As a result of this kind of prosecution, the court would compensate costs and attorney fees to the winning side. According to the SB 1070 of Arizona’s immigration law, local police are required to act as federal immigration agents. However, turning these police officers into immigration agents will not only makes them reliably easy victims for criminals but also drives them further into the shadows. Criminal Justice Policy:
Just like Arizona’s immigration policy, the enforcement of criminal justice policy in the United States can be termed as multi-jurisdictional with the local, state and federal prosecutors reserving the power of presenting criminal charges. However, in the criminal justice policy, both the states and federal government have the choice of vesting authority in a more centralized actor (i. e. the Attorney General), or in local district / council attorneys. Moreover, the ability of the states to support local prosecution efforts with resources contrasts the increasing interference of the federal government in local crimes (Barkow 2010).