Green Card

The first step to permanently staying in the United States is to become what the government refers to as a lawful permanent resident. In order to do this, you have to obtain a United States Permanent Resident Card. This is commonly referred to as a green card...

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Immigration Case Review

September 3, 2010

6 Provisions of the Arizona Immigration Law

There is a lot of confusion and uproar about the Arizona immigration laws debate. It’s understandable that this is a divisive issue. This blog piece will not state whether the law is correct or not. The points here will be on what the immigrant laws mean to you, your family, and your employer.

Registration
Under federal law, any immigrant over the age of 13 who is in the country longer than 30 days must be registered. Also, under federal law you are supposed to carry your registration documents at all times. If you fail to have proper documents, you can be penalized. Arizona’s new law is trying to put action behind these words.

Documents and Penalties
If you are an immigrant, walk down the street, are stopped by an officer, and lack documents, you can be charged with a misdemeanor. Infractions are for minor offenses such as a speeding ticket, with minor penalties. In comparison, misdemeanors are much stiffer, with potential for high fines, some jail time, and probation. The worse penalty to get in such a situation is a felony, which can lead to major criminal charges, but are rarely used for immigration purposes.

First and Further Offenses
According to the Arizona immigration laws, even a first offense for lacking documents can lead to some big penalties. While you only pay up to $100, you can spend up to 20 days in jail and have to pay for court costs such as a lawyer. If you get another offense, it may mean as much as 30 days in jail.

What ID?
If you have a Arizona drivers license, that is all you need to show any officer who might stop you, according to the law. If you lack a license, a nonoperating identification license, tribal identification, or federal, state, or local government ID will work.

If You Interfere
One cause for commotion on this proposed law is how you can be charged with a crime simply for interfering with the legal process. If a local city official, for example, interferes with the federal laws being enforced, he can be sued by a citizen. And if the citizen wins, the city official has to pay lawyer and court fees.

Hiring and Traffic
Another odd part of the law goes into how immigrants, some legal and some not, are getting work. A typical event is for employers in industries such as construction to stop and pick up a group of immigrants in need of work. The Arizona law now makes it illegal to stop in the street to pick up workers, with some major penalties involved.

You may be scratching your head at some of these laws. There may be some good and bad here. While some of these are making enforcement of federal laws a reality, some are obviously designed at capturing illegals. Deporting them is the next step.

June 3, 2010

What Does the Arizona Immigration Law Mean?

With immigration reform a hot debate ongoing across state, ethnic, and party lines, the recent  passage of the Arizona immigration law has many in a uproar. While the law technically will not go into motion until August,there are already many people saying the law is illegal and should not be upheld. Add to the the fact immigration reform itself is still a topic of interest, you may be confused about what this all means. What will the immigration law mean to you? How will it effect laws? How will it effect daily life? And perhaps most importantly, will it really be allowed?

The Details of the Law

The law is pretty subjective and how it will be enforced is where the debate started. In Arizona, if the law is upheld and enacted in August, you will have to carry immigration papers wherever you go, and if an officer of the law has suspicion that you are here illegally, you can be questioned. That’s pretty much how it works. If you are ever found without your immigration documents, you can be arrested. If an officer has reason to believe you are here illegally, he or she  can question you.

How will police act?

Opponents of the new law point out how officers can now profile people, most definitely Hispanics, as potential illegal immigrants. According to the backers of the law, this will not occur. The officers will be trained  in how to properly act when investigating someone. The governor of Arizona made this point clear. Opponents are saying that won’t matter, that Hispanics will be unduly harassed. And if you are ever without your papers, you can be arrested.

What does it mean to you?

It’ s pretty clear the Hispanic population of Arizona will be the most effected. The main reasons of the law — the problem with human and drug trafficking from the the border of U.S. and  Mexico, and how many illegals are living and working  in the U.S. — may make it seem you are fine if you are legal. This will still have an effect on you, as an officer will have to make a decision on whether or not to look over your documents. Some opponents have compared this law to “Nazism”, but though that is a bit extreme, it make a point. You might be profiled simply because you are a Hispanic person living in Arizona.

Will it Stay?

There were hundreds of protests involving thousands of people not only in Arizona but across the country when the law was signed. It will not be final until August. There are some saying the law is unconstitutional. President Obama  himself has called it “misguided” and something to be reformed in federal immigration laws. Whether it stays or not we’ll have to wait and see.