Ariz. Senate schedules vote on immigration enforcement bill; OK would send to Brewer

more images

more images

Arizona Senate sets final vote on immigration bill

PHOENIX — A sweeping immigration bill intended to ramp up law enforcement efforts in Arizona was scheduled for a state Senate vote Monday as critics complained it could lead to racial profiling and other abuses.

Passage later in the day would send the bill to Gov. Jan Brewer, who has not taken a position on the measure championed by fellow Republicans. The House approved the bill April 13.

The new measure would be the latest crackdown in Arizona, which has an estimated 460,000 illegal immigrants and is the nation’s busiest crossing point for illegal immigrants.

Arizona enacted a law in 2005 making human smuggling a state crime and prohibited employers from knowingly hiring illegal immigrants with a law in 2007.

The latest bill would make it a state crime for illegal immigrants to not have an alien registration document. It also would require police to question people about their immigration status if there’s reason to suspect they’re in the country illegally.

Other provisions allow citizen lawsuits against government agencies that hinder enforcement of immigration laws, and make it illegal for people to hire illegal immigrants for day labor or knowingly transport them.

Supporters say the bill uncuffs law enforcement to protect the state from violent criminals. U.S. Sen. John McCain endorsed the measure Monday.

“I think the people of Arizona understandably are frustrated and angry,” the Arizona Republican said. “It’s also a commentary on the frustration that our state Legislature has that the federal government has not fulfilled its constitutional responsibilities to secure our borders.”

The Mexican American Legal Defense and Education Fund has all but promised a legal challenge if the legislation becomes law.

The organization claims the measure is unconstitutional because the federal government is responsible for immigration enforcement.

In addition, implementation would hinder law enforcement because people would forego contact with police to report crimes or testify as witnesses, the Los Angeles-based group said.

“The bill is so vague that it encourages investigation and arrest of people … who essentially have done nothing wrong but because of their racial profile,” said Gladys Limon, a MALDEF attorney.

Mexico’s embassy also has voiced concerns about racial profiling.

Arizona law enforcement groups are split on the bill, with a union for Phoenix Police Department officers supporting it and a statewide association of police chiefs opposed.

Nearly 30 opponents of the bill held a candlelight vigil outside Brewer’s home Sunday night to protest the bill. Calls, e-mails and letters on the bill were running 3-1 in favor, Brewer spokesman Paul Senseman said.

Brewer’s predecessor, Janet Napolitano, a Democrat who is now President Barack Obama’s Homeland Security secretary, vetoed similar proposals.

Current law in Arizona and most states doesn’t require police to ask about the immigration status of those they encounter, and some police officials say allowing such questions would deter immigrations from cooperating in other investigations.

The bill is regarded as carrying political high stakes for Brewer, who faces challenges from fellow conservatives in the Aug. 24 Republican primary.

If she vetoes it, “she would be crushed in the primary,” said Mike Gardner, a business lobbyist and former legislator.

Vincent Picard, a federal Immigration and Customs enforcement spokesman in Phoenix, declined comment on the Arizona legislation and referred a reporter to the U.S. Department of Homeland Security’s Washington headquarters. The agency did not immediately respond to an inquiry.

Arizona police use the human smuggling law from time to time to charge suspects.

In Maricopa County, however, more than 1,500 people were convicted under that law, with 85 percent immigrants, not smugglers.

To reduce the economic incentive for immigrants to sneak into the country, Arizona lawmakers also approved a civil law in 2007 that prohibits employers from knowingly hiring illegal immigrants.

The law also carries license suspensions and revocations for violators.

The state law has prompted an unknown number of illegal immigrants to leave Arizona for their home countries or other U.S. states.

Authorities across Arizona have examined several dozen complaints of employer sanction violations. But in the more than two years since that law took effect, only two cases have been settled with employers admitting to violating the law.

Associated Press Writers Jacques Billeaud and Jonathan J. Cooper contributed to this report.