Anderson Law Office, LLC

Directions149 East Mill St., Suite B
Richland Center, WI 53581

Criminal Law Newsletter

Arizona Law Makes Failure to Carry Immigration Documents a Crime

An immigration bill signed by Arizona Governor Jan Brewer on April 23, 2010 was to be challenged in court, according to the Los Angeles Times. The law makes it a state crime to be present illegally in Arizona. It requires local police to ask for proof of lawful immigration status if there is a reasonable suspicion that someone is present in the state in violation of federal immigration law. The law would make the failure to carry immigration documents a crime and give the police broad power to detain anyone suspected of being in the country illegally. It also bars day laborers from soliciting work in public places in Arizona.

Constitutionality Questioned

Controversy over the law blew up across the United States as well as in Mexico, where the government was very vocal about its opposition to Arizona’s policies. Immigrant advocacy groups and constitutional law attorneys, including the ACLU and MALDEF, were preparing to file lawsuits aimed at stopping the law from taking effect. One of the main challenges proposed was the argument that only the federal government has the power to enforce its immigration laws. This is the same argument that effectively stopped many aspects of California’s Proposition 187 from taking effect over 20 years ago. Although the lawyer who drafted the Arizona bill attempted to avoid violating this core tenet of constitutional law, many legal commentators and analysts feel that the bill is vulnerable to a challenge on this basis.

Attorneys and Law Enforcement Raise Concerns

Attorneys will likely also bring additional legal arguments against the implementation of the new bill, which is believed by many to be an overzealous and xenophobic effort that will probably result in racial profiling, improper detentions of innocent people, and wasted government money. Additionally, law enforcement officers have raised concerns that the new law will subvert public safety efforts. Even before any lawsuits are filed, protests and boycotts of all kinds are being considered, organized, and executed around the country.

Seek Advice from an Attorney if You Have Been Arrested

If you have been arrested, seek advice from a criminal defense attorney immediately to understand your options and protect your rights.

  • The Crime of Pimping
    The crimes of pimping and pandering target the same type of individual, but they are actually different crimes created to prevent two different and distinguishable types of conduct. Pimping Pimping is the... Read more.
  • Drug Arrests that Occur Abroad
    United States citizens frequently believe they will not be subject to foreign laws for crimes committed abroad since they are U.S. citizens. This is not the case. In fact, the consequences for crimes committed abroad, especially drug... Read more.
  • The Procedural Default Rule Concerning Federal Habeas Corpus Claims
    Generally, state prisoners and other individuals in “custody” are permitted to raise questions concerning the constitutionality of their confinement by filing a writ of habeas corpus, to determine whether their imprisonment... Read more.
  • The Criminal Offense of Stalking
    Most states recognize the crime of stalking as “a clear pattern of conduct in which the offender follows, harasses, or threatens another person, putting that person in fear for his or her safety.” Depending on the... Read more.
Criminal Law News Links
Share This Page:
BBB
Avvo
Lawyers of Distinction
10 Best - American Institute of DUI/DWI Attorneys
10 Best - American Institute of Family Law Attorneys
Designed and Powered by NextClient

© 2015 - 2018 Anderson Law Office, LLC. All rights reserved.
Theme WebExpress™ attorney website design by NextClient.com.