2012-09

Resolution on Supreme Court Ruling on Arizona SB 1070

REPRESENTATIVE CATHERINE MIRANDA (AZ) INTRODUCED AUG. 2012 MEETING (RATIFIED)

WHEREAS our federal immigration laws are broken and require significant reform to ensure fairness for immigrant communities and effective enforcement of the law; and

WHEREAS the National Hispanic Caucus of State Legislators opposed Arizona SB 1070, called on Governor Brewer to veto this legislation and supported legal challenges against the law; and

WHEREAS SB 1070 would have codified in Arizona statues that police actions based on race, national origin, personal appearance, accent or language ability are the official public policy of the State of Arizona. The bill would have prohibited police from taking action against a person only when the actions were based “solely” on race, national origin, etc. In other words, if a police action were primarily but not exclusively based on race, that would have been lawful under SB 1070; and

WHEREAS the enforcement of civil immigration law has become a hot button issue with a number of states mimicking the efforts of Arizona, often resulting in debates that are racially charged where few, if any, distinctions are made between discussing authorized and out of status immigrants, or even Latino citizens; and

WHEREAS the Supreme Court of the United States of America ruled that most of the provisions of SB1070 were unconstitutional and, as stated in the opinion, it “does not foreclose other preemption and constitutional challenges to the law;” and

WHEREAS the Supreme Court opinion allowed provision 2(B) to remain in effect giving deference to state courts to take further action once the provision is fully defined through state regulation and pending lower court cases; and

THEREFORE BE IT RESOLVED, that NHCSL – in reaction to this verdict – further proclaims that state rights are to be respected, except in those areas where there is an implicit federal jurisdiction and preemption, such as the enforcement of civil immigration law; and

BE IT FURTHER RESOLVED, that NHCSL lauds the courts findings with respect to sections 3, 5(C) and 6 of the law, which were deemed wholly unconstitutional by codifying state civil and criminal penalties for federal immigration law violations and by allowing police officers to arrest individuals believed to be undocumented immigrant; and

BE IT FURTHER RESOLVED, that NHCSL expresses its dissatisfaction with the court findings on section 2(B), which allowed the provision to stand while it is further defined in state court. This provision requires police officers to attempt to determine the immigration status of anyone they stop, detain or arrest if they have suspicion that the person is an undocumented immigrant; and

BE IT FURTHER RESOLVED, that as long as section 2(B) continues to be upheld, that NHCSL will propose alternatives that improve on public policy, such as urging federal partnerships where states proactively present qualified immigrants to the federal government for deferred action and the granting of work permits; and

BE IT FURTHER RESOLVED that NHCSL believes the most conclusive solution to our nation’s immigration woes is for Congress and the Administration to pass comprehensive immigration reform, with a pathway to citizenship for currently undocumented immigrants, into law; and

BE IT FINALLY RESOLVED, a copy of this Resolution will be transmitted to leadership of the Committees of jurisdiction in Congress, the Department of Homeland Security, White House, and organizations that advocate similar views. Members of NHCSL are encouraged to share this resolution with their respective Members of Congress.

THIS RESOLUTION WAS ADOPTED ON AUGUST 25, 2012, AT THE NHCSL EXECUTIVE COMMITTEE MEETING HELD IN ATLANTA, GEORGIA AND RATIFIED AT THE NHCSL 2012 ANNUAL MEETING HELD IN ALBUQUERQUE, NEW MEXICO ON NOVEMBER 17, 2012.

Sponsored by: Representative Catherine Miranda (AZ)