The Criminalisation of an Immigrant Population

Arizona’s Senate Bill 1070, that goes into effect on 29 July, criminalises the failure to carry immigration documents. Arizona has taken up the cause of immigration enforcement with a law requiring police to arrest persons suspected of being undocumented, and by criminalising activities associated with immigration. This has brought new life to the long-simmering debate about how to respond to the nation’s estimated 11 million unauthorised residents. The law is often described as an outgrowth of frustration with the federal government’s ‘broken’ immigration system. This broad characterisation is somewhat misleading. Arizona does not want the federal government to establish ‘a path towards citizenship’ or to regularise resident immigrants as it did in 1986. Rather, SB 1070 is designed to shift the national debate in a more restrictive direction. Arizona’s policy of ‘attrition through enforcement’ provides a rallying point for opponents of comprehensive immigration reform within parameters that appear legal and possibly appropriate in light of federal inaction. It was designed as a test case. Locally, SB 1070 signals the state’s unrelenting hostility towards its unauthorised residents and its indifference to those who must carry papers to prove their right to remain. To local police agencies, the state sends a warning: either prioritise immigration enforcement or risk a citizen-initiated lawsuit