Defenders of SB 1070 often say that it merely allows the state to enforce federal immigration laws. But that’s not entirely accurate. In fact, it may not be even mostly accurate. SB 1070, in its intent clause, declares an immigration policy for the state of Arizona: “The legislature declares that the intent of this act is to make attrition through enforcement the public policy of all state and local government agencies in Arizona.” Attrition through enforcement is certainly not the immigration policy of the federal government. As the Obama administration’s lawsuit makes clear, the federal policy is to use its discretion under federal law to treat illegal presence in the country as a civil, not a criminal, matter. And to prioritize enforcement resources on those who are a threat to public safety, not those just working and living here illegally. The lawsuit alleges that the Arizona law, by attempting (probably futilely) to make illegal presence a state criminal offense, contradicts this federal policy and practice.
Robert Robb (via azspot)
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