Diversity in Criminal Justice: A Reflection on Arizona Senate Bill 1070 - Essay Example

Diversity in Criminal Justice: A Reflection on Arizona Senate Bill 1070 Diversity in Criminal Justice: A Reflection on Arizona Senate Bill 1070 Introduction Few pieces of immigration legislation in the United States have sparked such public and open debate as the recent drafting of Arizona Senate Bill 1070. The official name for this bill is actually the ‘Support Our Law Enforcement and Safe Neighborhoods Act’ and was designed an a way to provide support to local Arizona law enforcement personnel, while enhancing federal laws governing illegal immigration. Arizona legislators openly stated that they felt too many states were simply disregarding federal laws, and that the federal government itself was not enforcing its on policies and regulations related to illegal immigrants within the country (Williams, 2011). As a result, Arizona felt it had that right to to enhance existing federal provisions, openly enforce them, and add state misdemeanor charges to anyone found to be in violation of being in the country illegally. The law itself gave much more power to law enforcement personnel than was previously possible, which lead to much public outcry. One such provision was that individuals suspected of being an illegal immigrant could be stopped by a police officer, or other agent of the law, and asked to prove his or right to be in the state. Failure to provide such proof would be a misdemeanor in Arizona, and potentially result in federal prosecution as well. This, and several other provisions of the law, reflect a great divide in the criminal justice in America today and form the basis for this brief report. Subjects of Police Interaction At the time that this particular bill was passed in Arizona in 2010, it was believed to be the strongest and strictest piece of immigration currently enacted to guard against illegal immigration. Part of what made the law so strong was the sweeping power that it gave to the police in their interaction with people within their jurisdiction. The law itself springs off a federal law that does require that any alien over the age of 14, and desiring to be in the country for longer 30 days, register with the federal government. Such registration provides individuals with a document that they are to have in their possession at all times, and failure to abide by this would result in being charge with a misdemeanor. Arizona added onto this law and made it a misdemeanor according to state law as well, which allowed local police the right to ascertain the immigration status of any individual stopped during a ‘lawful stop, detention, or arrest’. This right carried over to any lawful contact that the police might have with such an individual, regardless of whether or not they are actually suspected of any illegal activity (Williams, 2011). Immigration Status of Those Affected There are many issues which bought the apparent need for this act to the attention of legislators in Arizona. Because of its geographical position within the country, Arizona is home to an estimated nearly 1/2 million illegal immigrants. While many of these are believed to be from Mexico, or nearby Latin American countries, it must be noted that such immigrants come from other locations around the globe as well. As such, the status of all individuals living within the state, both legally and illegally, are potentially called into question by this legislation. Arizona legislators felt that they needed to act because the number of illegal immigrants had grown more than 500% in the past two decades, and the federal government was no longer strictly enforcing their own policies. In addition, it is documented that Arizona has the highest number of illegal border crossings in the United States, making it difficult to catch offenders before they are already living and illegally working, in many cases, throughout the state. There are some that would argue that illegal immigration breeds an increase in crime, which is why law enforcement needs to question any individual suspected of living in an area illegally. The data is inconclusive, however, as to whether or not an increase in the number of illegal immigrants actually increases crime. As such, these individuals should not be unduly targeted as a result of what many to perceive larger issues within American society today. Supporters of the bill argue that they are attempting to eliminate that high number of incidences being reported today in regards to drug and human struggling taking place between Mexico and Arizona. In addition, the federal government was failing to act on stricter immigration policies, so the state should not be forced to wait around for action to finally take place. Arizona is certainly a culturally diverse state, which does often create victims of legislation such as that enacted with Senate Bill 1070. Individuals in such a diverse society can be victimized either intentionally or unintentionally by being subject to a climate of fear and a feeling of being ostracized (Criminology and Criminal Justice Collective, 2009). It is because of this that many throughout the country have labeled the bill a form of legalized and institutionalized racial profiling. Many contend that America, a country of immigrants, has now become a country that is fearful of immigrants. Many individuals who have nothing but the best of intentions are now subject to living in fear of being deported, if they are illegal, or ostracized by law enforcement and many members of society if they are legal. It is a double edged sword that Arizona claims it has not choice but to fight with (Jimenez, 2012). Much of the issue with this bill seems to be the reality that the language of the law itself seems to blame illegal immigrants in Arizona for many of the social ills currently facing the state. Williams (2011) notes that, “Against a backdrop of rampant illegal immigration, escalating drug and human trafficking crimes, and serious public safety concerns, the Arizona Legislature enacted a set of statutes and statutory amendments in the form of Senate Bill 1070” (p. 269). While the bill was created as an effort to cause immigrants to think twice before entering the state illegally, it has served the perhaps untended consequence of causing many legal residents of the state to become fearful of begin detained by law enforcement. This in itself is harmful to society because it creates a sense of distrust within communities, creates logistical and employment issues for legal and law abiding citizens, and puts many law enforcement personnel in the difficult of defending a law that they do not fully believe in and that goes against their desire for a more harmonious and culturally diverse society in which to live (Williams, 2011). Conclusion This is issue is a difficult one for most Americans to approach. On the one hand, America has long prided itself on being a country that is home to opportunity and freedom. The borders have largely been open to those individuals that profess a belief in the ideals of the country, are willing to abide by certain laws and procedures, and express a genuine desire to positively contribute to society. At the same time, however, Americans have become increasingly protective of their borders out of concern for national security. In addition, legal residents of America have largely developed protectionist philosophies in regard to employment and social welfare. Many would contend that America needs to do a better job of taking care of its own people first, and not be so focused on building a culturally diverse society that encourage illegal immigrants to remain untouched. It is a politically charged debate that Arizona certainly jumped into the middle of with the passing of Senate Bill 1070. There is certainly a need to protect the borders of Arizona, but there is also a need to protect the rights and freedoms of all immigrants residing within the state as well. The Supreme Court did weigh in and viewed much of the bill to be unconstitutional, largely because it gave too much power to law enforcement to stop and question anyone who they deemed might be in the country illegally. As there is no way to determine this simply by looking at an individual, the argument was certainly made that racial profiling would have to take place. While something must be done to help ease the problem of illegal immigration, this bill appears to not be the way to go. It is important to embrace the cultural diversity in America and to make the country welcoming of immigrants who want to live and work within the country legally. To punish them by making them live in fear of being detained or shunned in the community is certainly counter the principles that America holds dear, and violates the very system of criminal justice that has been developed over the years. References Jimenez, L. (2012). America’s legacy of xenophobia: The curious origins of Arizona senate bill 1070. California Western Law Review, 48(2), 279. The Criminology and Criminal Justice Collective of Northern Arizona University. (2009). Investigating difference: Human and cultural relations in criminal justice (2nd ed.). Prentice Hall. Williams, I. (2011). Arizona senate bill 1070: State sanctioned racial profiling. Journal of the Legal Profession, 36(1), 269. Read More