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Arizona anti-immigration law already felt in state's Hispanic communities Arizona anti-immigration law already felt in state's Hispanic communities
(8 days later)
Hispanic communities in Arizona are living in a state of virtual siege, civil rights activists in the state are warning, as a result of little-noticed provisions in the harsh anti-illegal immigration law SB1070 that have already been allowed to go into effect.Hispanic communities in Arizona are living in a state of virtual siege, civil rights activists in the state are warning, as a result of little-noticed provisions in the harsh anti-illegal immigration law SB1070 that have already been allowed to go into effect.
On Wednesday, the US supreme court will hear oral arguments relating to five key elements of SB1070 that were blocked by the lower courts in an ongoing tussle over whether the federal government or individual states should control immigration policy. The supreme court hearing is being seen as a landmark, as it is likely to set the direction of immigration law in America for years to come.On Wednesday, the US supreme court will hear oral arguments relating to five key elements of SB1070 that were blocked by the lower courts in an ongoing tussle over whether the federal government or individual states should control immigration policy. The supreme court hearing is being seen as a landmark, as it is likely to set the direction of immigration law in America for years to come.
But on the ground in Phoenix, the capital of Arizona which has a 41% Hispanic population, organisations working in Hispanic neighbourhoods say that the law is already having a chilling effect on relations between residents and police.But on the ground in Phoenix, the capital of Arizona which has a 41% Hispanic population, organisations working in Hispanic neighbourhoods say that the law is already having a chilling effect on relations between residents and police.
In particular, two clauses of the law that were allowed to go ahead have encouraged police officers to take an increasingly interventionist role which activists say amounts to racial profiling.In particular, two clauses of the law that were allowed to go ahead have encouraged police officers to take an increasingly interventionist role which activists say amounts to racial profiling.
The "anti-sanctuary cities" provision of section two of the law prohibits any Arizona official or agency from "limiting enforcement of federal immigration laws". Another clause in the same section allows American citizen to "sue any state official, agency or political subdivision for adopting a policy of restricting enforcement of federal immigration laws to less than the full extent".The "anti-sanctuary cities" provision of section two of the law prohibits any Arizona official or agency from "limiting enforcement of federal immigration laws". Another clause in the same section allows American citizen to "sue any state official, agency or political subdivision for adopting a policy of restricting enforcement of federal immigration laws to less than the full extent".
Those two provisions were further reinforced by a policing order imposed in October 2010, shortly after SB1070 was enacted, that instructs police officers in Phoenix to carry out their federal immigration duties to the full. The policing order is expressed in almost identical language to the provisions in SB1070 that were allowed to stand.Those two provisions were further reinforced by a policing order imposed in October 2010, shortly after SB1070 was enacted, that instructs police officers in Phoenix to carry out their federal immigration duties to the full. The policing order is expressed in almost identical language to the provisions in SB1070 that were allowed to stand.
The impact, say immigrant rights groups, is that the Phoenix police have already tightened the screws on Hispanic communities, putting thousands of Latino men and women in jail and then handing them over to federal officials for deportation even on the back of minor infringements such as traffic violations.The impact, say immigrant rights groups, is that the Phoenix police have already tightened the screws on Hispanic communities, putting thousands of Latino men and women in jail and then handing them over to federal officials for deportation even on the back of minor infringements such as traffic violations.
"It's a mistake to assume that because the most dangerous provisions of SB1070 in Arizona were blocked by the court that racial profiling has gone away. We have a serious problem of racial profiling in the state," said Alessandra Soler Meetze, executive director of the American Civil Liberties Union of Arizona."It's a mistake to assume that because the most dangerous provisions of SB1070 in Arizona were blocked by the court that racial profiling has gone away. We have a serious problem of racial profiling in the state," said Alessandra Soler Meetze, executive director of the American Civil Liberties Union of Arizona.
SB1070 was signed into law by Arizona governor Jan Brewer in July 2010. It was the first of what has become a widely mirrored attempt at state level to put the frighteners on undocumented immigrants and force them to leave – a policy known as "attrition through enforcement".SB1070 was signed into law by Arizona governor Jan Brewer in July 2010. It was the first of what has become a widely mirrored attempt at state level to put the frighteners on undocumented immigrants and force them to leave – a policy known as "attrition through enforcement".
Under the sections of SB1070 that have come into effect, police officers are encouraged to check on the immigration status of anyone they come into contact with should they suspect they are unauthorised to be in the US. Immigrant rights groups report that increasingly Hispanics are being carted off to jail should they be unable to produce a drivers licence – under Arizona law undocumented immigrants are not allowed to apply for driving licences.Under the sections of SB1070 that have come into effect, police officers are encouraged to check on the immigration status of anyone they come into contact with should they suspect they are unauthorised to be in the US. Immigrant rights groups report that increasingly Hispanics are being carted off to jail should they be unable to produce a drivers licence – under Arizona law undocumented immigrants are not allowed to apply for driving licences.
Once in jail, their immigration status is checked, and if it is lacking they are handed over to federal immigration officers in private detention centers, awaiting deportation. Phoenix has one of the highest rates of deportations of any city in America, second only to Los Angeles, with up to 30 men and women deported every day.Once in jail, their immigration status is checked, and if it is lacking they are handed over to federal immigration officers in private detention centers, awaiting deportation. Phoenix has one of the highest rates of deportations of any city in America, second only to Los Angeles, with up to 30 men and women deported every day.
"My experience is that SB1070 is already being used as a tool to get people into jail where their immigration status has to be checked," said Lydia Guzman, a Phoenix immigration advocate who heads Respect-Respeto."My experience is that SB1070 is already being used as a tool to get people into jail where their immigration status has to be checked," said Lydia Guzman, a Phoenix immigration advocate who heads Respect-Respeto.
Guzman said that the creeping crackdown under the new law had enhanced the distrust of Hispanic communities in the police and forced many families to flee the state. Census data suggests that some 100,000 Latinos have quit Arizona over the past two years as a result of the combined impact of SB1070 and the economic downturn and lack of jobs.Guzman said that the creeping crackdown under the new law had enhanced the distrust of Hispanic communities in the police and forced many families to flee the state. Census data suggests that some 100,000 Latinos have quit Arizona over the past two years as a result of the combined impact of SB1070 and the economic downturn and lack of jobs.
Guzman is acting on behalf a family of Hispanics from the west side of Phoenix that has lodged a complaint of police harassment after their house was raided on March 31. The family was holding a birthday party for Clara Ponciano, who had just turned 21, and there was dancing and music with about 25 close relatives attending.Guzman is acting on behalf a family of Hispanics from the west side of Phoenix that has lodged a complaint of police harassment after their house was raided on March 31. The family was holding a birthday party for Clara Ponciano, who had just turned 21, and there was dancing and music with about 25 close relatives attending.
A neighbour called the police to report that the music was too loud. Clara's brother, Nestor Ponciano, told the Guardian that when the police turned up they bust down the door, jumped the fences at the back of the yard, and began pepper spraying the revellers.A neighbour called the police to report that the music was too loud. Clara's brother, Nestor Ponciano, told the Guardian that when the police turned up they bust down the door, jumped the fences at the back of the yard, and began pepper spraying the revellers.
Ponciano's uncle, he said, was dragged into the kitchen and beaten in front of children as young as three and six months old. Ponciano estimated that up to 20 officers were involved in the operation, backed up by a helicopter, and some of the officers he alleged called his relatives "wetbacks" – an offensive term directed at undocumented Mexican immigrants.Ponciano's uncle, he said, was dragged into the kitchen and beaten in front of children as young as three and six months old. Ponciano estimated that up to 20 officers were involved in the operation, backed up by a helicopter, and some of the officers he alleged called his relatives "wetbacks" – an offensive term directed at undocumented Mexican immigrants.
None of the 25 guests are unauthorised to be in the US – they were all American citizens or permanent residents – though Ponciano is convinced that the raid was a product of tougher policing in the wake of SB1070. "Hispanic families are being picked, and if they are doing that, who's going to protect us from the police?"None of the 25 guests are unauthorised to be in the US – they were all American citizens or permanent residents – though Ponciano is convinced that the raid was a product of tougher policing in the wake of SB1070. "Hispanic families are being picked, and if they are doing that, who's going to protect us from the police?"
Carlos Garcia, an immigrant rights organiser with the Puente movement in Phoenix, said that communities were being terrorised: "If someone is late home, or if their phone battery runs dry, their families assume they have been taken away. You can't begin to describe how that affects a community."Carlos Garcia, an immigrant rights organiser with the Puente movement in Phoenix, said that communities were being terrorised: "If someone is late home, or if their phone battery runs dry, their families assume they have been taken away. You can't begin to describe how that affects a community."
A further aggravation is the hardline policing practised over large swaths of Phoenix by sheriff Joseph Arpaio of Maricopa County. "America's toughest sheriff", as he likes to call himself, Arpaio is under federal investigation for racial profiling Hispanics in his region and for alleged abuse of power.A further aggravation is the hardline policing practised over large swaths of Phoenix by sheriff Joseph Arpaio of Maricopa County. "America's toughest sheriff", as he likes to call himself, Arpaio is under federal investigation for racial profiling Hispanics in his region and for alleged abuse of power.
Wednesday's US supreme court hearing will focus on the six provisions of SB1070 that were blocked by lower courts. Foremost among them is the clause that requires police officers to check the immigration status of anyone they come across where there is a "reasonable suspicion" that they are undocumented – a green light, activists say, for racial profiling.Wednesday's US supreme court hearing will focus on the six provisions of SB1070 that were blocked by lower courts. Foremost among them is the clause that requires police officers to check the immigration status of anyone they come across where there is a "reasonable suspicion" that they are undocumented – a green light, activists say, for racial profiling.
Campaigners in Phoenix fear that should the supreme court allow those provisions to stand, it will greatly heighten the already tense atmosphere in the city. Crucially, the "reasonable suspicion" clause would oblige police to carry out the checks, whereas under the current provisions officers are allowed to use their own discretion.Campaigners in Phoenix fear that should the supreme court allow those provisions to stand, it will greatly heighten the already tense atmosphere in the city. Crucially, the "reasonable suspicion" clause would oblige police to carry out the checks, whereas under the current provisions officers are allowed to use their own discretion.
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