|
The Support Our Law Enforcement and Safe Neighborhoods Act (introduced as Arizona Senate Bill 1070 and thus often referred to simply as Arizona SB 1070) is a 2010 legislative Act in the U.S. state of Arizona that at the time of passage in 2010 was the broadest and strictest anti-illegal immigration measure in a long time.〔 It has received national and international attention and has spurred considerable controversy.〔〔 U.S. federal law requires all aliens over the age of 14 who remain in the United States for longer than 30 days〔Exceptions are regulated by treaties with individual countries and by the Visa Waiver Program.〕 to register with the U.S. government, and to have registration documents in their possession at all times; violation of this requirement is a federal misdemeanor crime. The Arizona act additionally made it a state misdemeanor crime for an alien to be in Arizona without carrying the required documents,〔 required that state law enforcement officers attempt to determine an individual's immigration status during a "lawful stop, detention or arrest", when there is reasonable suspicion that the individual is an illegal immigrant.〔Police may "transport" said alien to a federal facility "in this state or any other point" where such a facility exists. Arizona HB 2162, §3.〕 The law barred state or local officials or agencies from restricting enforcement of federal immigration laws,〔 and imposed penalties on those sheltering, hiring and transporting unregistered aliens.〔 The paragraph on intent in the legislation says it embodies an "attrition through enforcement" doctrine.〔Arizona SB 1070, §1.〕 Critics of the legislation say it encourages racial profiling, while supporters say the law prohibits the use of race as the sole basis for investigating immigration status.〔 The law was modified by Arizona House Bill 2162 within a week of its signing with the goal of addressing some of these concerns. There have been protests in opposition to the law in over 70 U.S. cities,〔 including boycotts and calls for boycotts of Arizona.〔 Polling has found the law to have majority support in Arizona and nationwide.〔〔〔〔 Passage of the measure has prompted other states to consider adopting similar legislation.〔 The Act was signed into law by Governor Jan Brewer on April 23, 2010. It was scheduled to go into effect on July 29, 2010, ninety days after the end of the legislative session.〔(【引用サイトリンク】 title=Ariz. Rev. Stat. § 1-103 )〕 Legal challenges over its constitutionality and compliance with civil rights law were filed, including one by the United States Department of Justice, that also asked for an injunction against enforcement of the law.〔 The day before the law was to take effect, a federal judge issued a preliminary injunction that blocked the law's most controversial provisions.〔 In June 2012, the U.S. Supreme Court ruled on the case ''Arizona v. United States'', upholding the provision requiring immigration status checks during law enforcement stops but striking down three other provisions as violations of the Supremacy Clause of the United States Constitution.〔 == Provisions == U.S. federal law requires aliens 14 years old or older who are in the country for longer than 30 days to register with the U.S. government〔 and have registration documents in their possession at all times.〔 The Act makes it a state misdemeanor crime for an alien to be in Arizona without carrying the required documents〔Arizona SB 1070, §3.〕 and obligates police to make an attempt, when practicable during a "lawful stop, detention or arrest",〔 to determine a person's immigration status if there is reasonable suspicion that the person is an illegal alien.〔Arizona SB 1070, §2.〕 Any person arrested cannot be released without confirmation of the person's legal immigration status by the federal government pursuant to § 1373(c) of Title 8 of the United States Code.〔 A first offense carries a fine of up to $100, plus court costs, and up to 20 days in jail; subsequent offenses can result in up to 30 days in jail〔Arizona HB 2162, §4.〕 (SB 1070 required a ''minimum'' fine of $500 for a first violation, and for a second violation a minimum $1,000 fine and a maximum jail sentence of 6 months).〔Arizona SB 1070, §5.〕 A person is "presumed to not be an alien who is unlawfully present in the United States" if he or she presents any of the following four forms of identification: a valid Arizona driver license; a valid Arizona nonoperating identification license; a valid tribal enrollment card or other tribal identification; or any valid federal, state, or local government-issued identification, if the issuer requires proof of legal presence in the United States as a condition of issuance.〔 The Act also prohibits state, county, and local officials from limiting or restricting "the enforcement of federal immigration laws to less than the full extent permitted by federal law" and provides that any legal Arizona resident can sue the agencies or officials in question to compel such full enforcement.〔〔 If the person who brings suit prevails, that person may be entitled to reimbursement of court costs and reasonable attorney fees.〔 In addition, the Act makes it a crime for anyone, regardless of citizenship or immigration status, to hire or to be hired from a vehicle which "blocks or impedes the normal movement of traffic." Vehicles used in such manner are subject to mandatory immobilization or impoundment. Moreover, for a person in violation of a criminal law, it is an additional offense to transport an alien "in furtherance" of the alien's unauthorized presence in the U.S., to "conceal, harbor or shield" an alien, or to encourage or induce an alien to immigrate to the state, if the person "knows or recklessly disregards the fact" that the alien is in the U.S. without authorization or that immigration would be illegal.〔 Violation is a class 1 misdemeanor if fewer than ten unauthorized aliens are involved, and a class 6 felony if ten or more are involved. The offender is subject to a fine of at least $1,000 for each authorized alien involved. The transportation provision includes exceptions for child protective services workers, and ambulance attendants and emergency medical technicians.〔 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Arizona SB 1070」の詳細全文を読む スポンサード リンク
|