Temporary Blockade of Arizona Law: A Merely Partial Measure

Although the decision of U.S. District Judge Susan Bolton to temporarily block some of the most controversial articles of the anti-immigrant Arizona Law or SB 1070 and it certainly caused partial joy within immigrant organizations and human rights advocates; we must remember, however, that the rest of that legislation comes into effect today.

Nevertheless, the remaining sections left by the lawyer in a sort of limbo, waiting for the results of other legal measures and the appeal to be submitted by Governor Jan Brewer, are precisely those in conflict with the Constitution and its amendments, since they are very vulnerable to be attacked in court.

In one of its sections, SB 1070 required the police to determine the immigration status of a person detained or arrested, just if the officer supposed that the person involved would be illegally in the country.

In the United States, the federal government is the only one that can deal with certain functions, including the enforcement of immigration rules by a specific department that is not, precisely, the police.

This means that when an individual is arrested for a crime and there are reasons to suspect of his or her legal status, he or she will be investigated, although NOT by a local official, but by an immigration agent. The result is ultimately the same, but with more laps.

It is worthwhile mentioning that what was temporarily suspended was the section empowering state authorities to detain and investigate someone just based on his or her racial profile. It is impossible to know, so, if someone is undocumented or not as a rule, --as it was formerly drafted--, since it only induced exacerbation of racism and intolerance.

Similarly, positive results are not to oblige foreign residents and nationalized ones to carry their documents all the time to prove their status, as well as no longer consider an offense that those undocumented ones may ask for jobs in public places.

But from then on, the Arizona Law remains unchanged and comes into effect as of this Thursday with all its xenophobic spirit, establishing that getting into the country without the required legality will be a civil offense and may become a criminal offense.

The measure, then, is partial and the struggle must continue to ensure that all the text be totally repealed rather than merely suspended, a rough road whenever the trend in the U.S. during the past 18 months is that the persecution of undocumented immigrants has stepped up rather than decreased.

According to the Washington Post, since President Barack Obama took office, the Department of Immigration and Customs Enforcement significantly increased deportations. It is estimated that the total number of foreigners to be expelled from the northern country would be 400 thousand by 2010, 10% more than in 2008 and 25% higher than 2007.

In addition, there were increased federal hearings against companies suspected of hiring undocumented persons. About two thousand 875 of these companies have been investigated, leading to fines that stand at $ 6.400,000 million, according to the Post.

It is true that the White House triggered against the Arizona Law, but hoping that this will mean a brighter future for those who are or would arrive in the United States without the legal status in question is pure illusion.