S.B. 1070: Non-enjoined Sections of the Bill
Non-enjoined Sections of S.B. 1070
Section 1-
(No A.R.S. citation): This section provides the intent of the legislation.
Portions of Section 2-
A.R.S. § 11-1051(A): This section addresses a portion of the “sanctuary city” issue. The portions which will become law: 1) prohibits AZ officials, agencies, law enforcement, etc from limiting enforcement of federal immigration laws and 2) allows any legal resident to sue any state official, agency or political subdivision for restricting enforcement of immigration law to the fullest extent allowed by federal law.
Section 4-
A.R.S. § 13-2319: This section enables an officer, while enforcing human smuggling, to lawfully stop any person who is operating a motor vehicle if there is reasonable suspicion the person is in violation of a civil traffic law.
Portions of Section 5-
A.R.S. § 13-2928(A)-(B): This section makes it a crime to stop in a motor vehicle and pick up day laborers. It also makes it a crime for day laborers to get in the motor vehicle if it impedes traffic.
A.R.S. § 13-2929: This section makes it a crime for a person in violation of a criminal offense to transport or harbor an unlawfully present alien or encourage an unauthorized alien to come to Arizona. Relevant to employers, the harboring language includes buildings, though the “already in violation of a criminal offense” language provides some protection.
Section 7-
A.R.S. § 23-212: This section makes entrapment an affirmative defense to violations of knowingly employing unauthorized aliens. The government’s standard for prosecuting an employer for violating the employers sanctions law is “preponderance of the evidence.” The Arizona Chamber worked to amend this section so that the burden of proof standard for employers is a “preponderance of the evidence” to equate it with the government’s burden of proof standard.
Section 8-
A.R.S. § 23-212.01: This section makes entrapment an affirmative defense to violations of intentionally employing unauthorized aliens. The government’s standard for prosecuting an employer for violating the employers sanctions law is “preponderance of the evidence.” The Arizona Chamber worked to amend this section so that the burden of proof standard for employers is a “preponderance of the evidence” to equate it with the government’s burden of proof standard.
Section 9-
A.R.S. § 23-214: Currently under the federal rule, employers must retain completed I-9 forms for three years after the date of hire or one year after the employment ends, whichever is later. This section creates parity with the federal law in Arizona’s employers’ requirement to retain E-Verify records. It should be noted an amendment negotiated by the Arizona Chamber removed the class 3 misdemeanor violation for not
keeping the E-Verify records on file, and thus this section contains no penalty nor enforcement language.
Section 10-
A.R.S. § 28-3511: This section allows for immobilization or impoundment of a person’s vehicle who is in violation of a criminal offense and transports, moves, conceals, harbors or shields an unauthorized alien through means of transportation or in any building, if the person knows or recklessly disregards the fact that the alien in the U.S. illegally.
Section 11-
A.R.S. § 41-1724: This Section creates the Gang and Immigration Intelligence Team Enforcement Mission Fund (GIITEM).
Sections 12 & 13-
(No A.R.S. citation): This section administers S.B. 1070.
Sections of S.B. 1070 Enjoined by the Preliminary Injunction
In her Order, Judge Bolton writes the Court finds that the United States is “likely to suffer irreparable harm” if the Court does not preliminarily enjoin certain sections of S.B. 1070. Based on what the Court calls, “well-established precedent,” it finds the following sections are preempted by federal law and thereby enjoined (blocked):
Portion of Section 2-
A.R.S. § 11-1051(B): This section would have required that an officer make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested if there was a reasonable suspicion that the person was in the U.S. illegally. Furthermore, it would have required verification of a person’s immigration status before he or she could be released.
Valid documentation to determine the person’s immigration status would have included:
1. A valid Arizona driver’s license
2. A valid Arizona non-operating identification license
3. A valid tribal enrollment card or other form of tribal identification
4. Any valid United States federal, state or local government issued I.D.
Section 3-
A.R.S. § 13-1509: This section would have made it a crime not to carry alien registration papers.
Portion of Section 5-
A.R.S. § 13-2928(C): This section would have made it a crime for an unauthorized alien to solicit, apply for, or perform work as an independent contractor.
Section 6-
A.R.S. § 13-3883(A)(5): This section would have authorized arrest (without a warrant) of a person where there is probable cause to believe a person committed a crime that is removable from the United States.
