preemption

Written by: Karla McKanders If Arizona's passing the immigration law on Friday is a measure of our nation's racial sensibilities, our country has a long way to go.  Our country has a long history of racial discrimination towards minority groups, including Latino immigrants. In the 1800s, Congress passed the Chinese exclusion laws barring persons of  Chinese descent from immigrating to the United States and implementing forced labor for those who violated the laws. California instigated the passing of discriminatory and racist exclusion laws. In the early twentieth century, states also passed alien land laws which barred ownership of property by non-citizens. These laws were targeted at Japanese immigrants who, as non-whites were barred from becoming citizens. In 1965, in the wake of the Civil Rights Movement, the Immigration Act was passed which abolished all racial quotas and racial considerations from influencing whether a person could immigrate to the United States. Our world is also all too familiar with the apartheid laws that excluded racial minorities in South Africa. In 1950, South Africa passed the Population Registration Act which formalized racial classifications and required all persons over eighteen to carry an identity card, specifying their racial group. All civil, political and economic rights were extended to persons based on the racial category in which they belonged. The Pass Laws required persons to produce a passport like document stating the person’s race. The penalty for failure to produce an identity card resulted in detention until the subject’s identity was verified. These laws may seem like a thing of the past, however, on Friday, Arizona passed Senate Bill 1070.  This law permits police officers and other state agencies to identify, prosecute and attempt to deport undocumented immigrants. The law would allow the police to detain people they reasonably suspect are in the country without authorization and makes it a criminal offense for not carrying immigration documents. Residents can also sue cities if they believe the law is not being enforced. In addition, “[t]he law creates new immigration crimes and penalties inconsistent with those in federal law, asserts sweeping authority to detain and transport persons suspected of violating civil immigration laws and prohibits speech and other expressive activity by persons seeking work.” Arizona Governor Jan Brewer claims that the law is in reaction to the federal government’s unwillingness to pass comprehensive immigration legislation and that the states have to enact and enforce their own immigration laws.