Preview

College Dropout Boom

Good Essays
Open Document
Open Document
766 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
College Dropout Boom
Stephany Escobedo
Professor. Camello
Government
November .20.2012
Constitutionality of the Arizona immigration law

By now you may have heard of the sb1070 law titled “Support Our Law Enforcement and Safe Neighborhoods Act,” an act that was approved on Monday, April 19, 2010 by the Arizona Legislature. And then signed into Arizona law on Friday, April 23, 2010 It is an immigration law that makes it a crime under state law to be in the country illegally. This immigration bill among other things gave police the authority to check on the immigration status of anyone suspected of being in the United States illegally. Opponents of the Arizona immigration law are looking to declare this law unconstitutional. There are several challenges faced when speaking of the constitutionality of the sb1070 law.

The Fourth Amendment of the U.S. Constitution protects against unreasonable searches and seizures. This amendment requires that any warrant must be done with a purpose or reason. The law specifically states that law enforcement officers cannot stop an individual because of suspicion of unlawful activity, or because of national origin, race, or color. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. (Fourth amendment) The new Arizona immigration law reduces the chance of race-based harassment by forcing police officers to contact federal agencies as soon as it is reasonable when the law enforcement officer suspects an individual is an illegal alien, other than just allowing an officer to make arrests based on his or her own judgment.
Another conflict that this law may face is the invalidation of a state law conflicting with federal law. If any federal law directly conflicts with the

You May Also Find These Documents Helpful

  • Good Essays

    In the case McCulloch vs. Maryland the main conflict was whether if the state government could interfere with national government laws. The state of Maryland had imposed a tax on the…

    • 489 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    case study

    • 306 Words
    • 2 Pages

    Case Signifance: The 4th amendment prohibits the unlawful search and seizure of resident belonging to citizens of the United States of America.…

    • 306 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    The Fourth Amendment was set in place to protect society from unlawful police work. When it comes to apprehending criminals and ensuring their conviction, evidence needs to be gathered before hand. To do so, there is a lengthy process to be followed; the search and seizure method, the arrest, reasonableness, and right of privacy methods. However, there are laws that can protect officers in the line of duty or make accommodations to police work while in the line of duty. One law that helps protect police officers during the line of duty is the “stop and frisk.” However, for an arrest to take place there must be probable cause in that it must be more than likely than not that a violation of the law has been committed and the individual arrested committed the…

    • 1494 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    The Arizona State Senate voted 17-11 to pass what some people would call the country's strictest and most controversial immigration bill. It requires police to question people about their status if there's reason to suspect they're in the country illegally. The bill would also allow individual lawsuits to be brought against government agencies that hinder enforcement of immigration laws and make it illegal for employers to hire or knowingly transport illegal immigrants for daily labor. Proponents of the bill say it will aid the police in cracking down on violent offenders who cross the border illegally. The U.S. Constitution clearly assigns the federal government the responsibility to protect the states against invasion. If that duty were faithfully being carried out, there would be no need for the recently passed law in Arizona. The Constitution didn’t say military invasion, just invasion. And the millions who have broken our laws and inundated our country constitute an invasion. A large percentage of Arizona’s crime, welfare, medical costs, and narcotics problem is traceable to the illegal border crossers. How else are we to deal with the situation when practically no help comes from those assigned to cope with this problem?…

    • 1076 Words
    • 5 Pages
    Good Essays
  • Good Essays

    The Arizona law was proposed and signed by the Governor of Arizona Jane Brewer in April of 2010. Its aim is to identify, prosecute and deport illegal immigrants: it stipulates that every immigrant must carry immigration documents to guarantee that they are staying in the country legally, gives the police the power to ask for this documents to anyone they think could be in Arizona without authorization and allows people to sue local government or agencies if they believe federal or state immigration law is not being enforced, among other rules (Arizona Enacts Stringent Law on Immigration, By Randal C. Archibold. April 23, 2010. The New York Times. http://www.nytimes.com/2010/04/24/us/politics/24immig.html). There are some aspects with which could reaffirm the fact that this law is attempting on the rights of the immigrant population, which is more than one million out of 310 million of citizens (U.S. Census Bureau Announces 2010 Census Population Counts. http://www.prb.org/Publications/PopulationBulletins/2010/immigrationupdate1.aspx), and the Americans as well.…

    • 590 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The fourth amendment protects citizens of the United States from unlawful searches and seizures conducted by police officers or law enforcement agencies. The Fourth Amendment of the Constitution affirms: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”The fourth amendment protects searches that happens when a government official contravene with one's expectation of privacy. Another thing that the fourth amendment protects are seizures’. For a seizure police would conduct communication to a reasonable person. Terry v. Ohio case first took place on…

    • 1005 Words
    • 5 Pages
    Good Essays
  • Good Essays

    The bill, entitled Support Our Law Enforcement and Safe Neighborhoods Act consists of provisions the purpose of which is to curtail and punish illegal immigration and anyone involved in. There is a provision in the law that advocates racial profiling. One of the stipulations of the law states “A law enforcement officer, without a warrant, may arrest a person if the officer has probable cause to believe that the person has committed any public offense that makes the person removable from the United States” (Arizona State Senate). This stipulation is what gives the law its power to enforce the other stipulation it puts forward. It is because of this provision that law enforcement officers are able to detain people they suspect of being guilty of the offences laid out in this law. However, this provision also sanctions racial profiling.…

    • 1071 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    In the state of Arizona, Senate Bill 1070 is a bill that in essence, regulate that elements of the criminal justice system, assist in the enforcement of federal immigration laws. This new law would make the failure of carrying ones immigration documents a crime; additionally giving law enforcement officials a more broad power to detain anyone suspected of being in the country illegally. Some fail to realize that this is not a new concept with immigration or any racist or bias towards Hispanic ethnicities. It is not called a Hispanic deportation law, it is immigration enforcement. Immigration Customs Enforcement or Border Patrol enforce the immigration laws and protect the borders of the United States. This means all persons that are not United States citizens, not any one specific ethnicity. This law provides added jurisdictional boundaries when in contact with a person suspected of being undocumented and requires that law enforcement officials act upon incidents involving undocumented immigrants and related activities.…

    • 1444 Words
    • 6 Pages
    Powerful Essays
  • Satisfactory Essays

    In an effort to maximize an individuals rights during search and seizures along with stop-and-frisks, the United States government has developed numerous laws and amendments. The Fourth Amendment states, The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched , and the persons or things to be seized (U.S. Constitution). This amendment was first used in the court system in the case of Terry vs. Ohio (1968). This case was the case that shaped the stop-and-frisk laws that are found in our country today. In 1942 legislators started to authorize stops-and-frisks on less than probable cause under the Uniform Arrest Act. This act gave an officer the right stop a person in public based upon reasonable ground to suspect that the person is committing has committed, or is about to commit a crime, and then search him for a dangerous weapon if the officer has reasonable ground to believe that he is in danger (Whitebread, 2000). In 1968 the Supreme Court addressed the issue in terry v. ohio, 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889. In Terry an experienced plainclothes officer observed three men acting suspiciously; they were walking back and forth on a street and peering into a particular store window. The officer concluded that the men were preparing to rob a nearby store and approached them. He identified himself as a police officer and asked for their names. Unsatisfied with their responses, he then subjected one of the men to a frisk, which produced a gun for which the suspect…

    • 372 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    The Arizona Immigration Law is a form of racial profiling, and it is wrong for the following three reasons 1) it is racists, 2) it is unconstitutional, and 3) it is regressive in today’s modern society. Supporters have taken the position that the Arizona Immigration Law should be welcomed in our society since similar legislation has been accepted in Utah, Alabama, Georgia, Indiana, and South Carolina. However, articles, cases, and research have proven that the position of the supporters to be wrong. (Fox News).…

    • 1910 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    Arizona Immigration

    • 1070 Words
    • 5 Pages

    Two new laws were sanctioned by Arizona on April of 2010; these two laws were SB 1070 and HB 2162 (Morse). The new state requirements of these laws were associated with immigration enforcement laws that deal with crime and punishment (Morse). The SB 1070 and HB 2162 were to be enacted into law on July 29, 2010, before that a lawsuit was filed by the U.S. Department of Justice arguing the law was unconstitutional (Morse). A hearing was held the day before the law was to be enacted and an injunction was requested based on the laws that allowed law enforcement to determine immigration status during any lawful stop, the requirement to carry alien registration documents, not able to apply for work, and warrantless arrests with probable cause (which would in turn make the person removable from the country)…

    • 1070 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Stop and Frisk

    • 497 Words
    • 2 Pages

    The Fourth Amendment of the United States Constitution protects people against unreasonable searches and seizures. Modern officials have granted police officers in New York City an incentive to respect the amendment. The Stop and Frisk program employed by the New York Police Department, gives police officers the right to initiate a stop of an individual on the street allegedly and do a quick search of their outer clothes for weapons based on if the officer has a reasonable suspicion that a crime has or is about to take place and the person stopped is armed or dangerous. This reasonable suspicion is not based with specific facts but from the hunches from New York Police officers.…

    • 497 Words
    • 2 Pages
    Good Essays
  • Good Essays

    4th Amendment protects your right against unreasonable search and seizure of property, papers, or people without valid probable cause…

    • 791 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Racial Profiling

    • 858 Words
    • 4 Pages

    The Fourth Amendment states that the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Police are 28 times more likely to stop black people than white people, and less than 3% of the black people searched are arrested. That is evidence that police are violating the Fourth Amendment.…

    • 858 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Fourth Amendment

    • 1154 Words
    • 5 Pages

    The Fourth Amendment of the United States of America constitution reads as follows; The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. It was ratified into the Bill of Rights on December 15th, 1791 and is the section that protects us against illegal and/or unreasonable searches and seizures of our homes, person or property and was drawn from the “Every man’s house is his castle” maxim celebrated in England. It was established as protection against…

    • 1154 Words
    • 5 Pages
    Good Essays