Details of Post SB1070 Proposed Legislation

SB1070 was not enough for Russell Pearce. Even after passage of this SB1070, Pearce pushed a wide range of bills so extreme that even his legislative colleagues (who had just passed SB1070) rejected them. These would, among other things:

• Prohibit any government representative from using offering to use a language other than English in any communication or translation in connection with any official action. This interferes even with the free speech of public officials. (SCR 1035)

• Reinterpret the 14th Ammendment to the U.S. Constitution to to strip the children of undocumented migrants of their constitutional right to U.S. citizenship, an established feature of our Constitution for over 150 years. It would also direct the governor to enter into an interstate birth certificate compact with other states and require member states to distinguish on birth certificates between children now deemed to have been born subject to the jurisdiction of the U.S. and those who were not. (SB 1308/HB 2562)

• Reinterpret the 14thAmendment to the U.S. Constitution to strip the children of undocumented migrants of their constitutional right to U.S. citizenship, in contradiction to the plain meaning, legislative history, and Supreme Court review of the 14th Amendment. This would establish an entirely new concept of “Arizona citizenship.” (SB 1309/HB 2561)

• Require hospital personnel to confirm that a patient arriving for emergency or non-emergency medical care are U.S. citizens, legal residents, or lawfully present in the U.S. if the patient cannot provide valid health insurance information, requires hospital personnel to immediately contact the local federal immigration office or local law enforcement to report any patient who cannot prove citizenship or legal status (and threatens the license of any hospital that does not). (SB 1405)

• Require school districts to collect data on students who are enrolleded in school and who cannot prove lawful residence in the United States, allows the Superintendent of Public Instruction to withhold a school’s share of state aid if the Superintendent believes that the school district is not complying with this legislation (SB 1407).

• SB 1611, a sweeping anti-immigrant measure that, would practically mandate racial profiling, isolate undocumented and legal residents alike, prevent undocumented and
  • legal residents from performing even the most basic activities, and violate several federal laws and legal precedents. It would:
• Prohibit undocumented people from driving cars
• Prohibit undocumented people from obtaining a vehicle title and registration
• Prohibit undocumented children from attending school from kindergarten through college
• Prohibit undocumented people from accessing any federal public benefits, even if federal law does not require them to prove citizenship or legal status
• Increase penalties on state and local public employees who fail to report discovered violations of federal immigration law
• Prohibit undocumented people from using public housing and requires public housing authorities to evict all residents from a dwelling unit if one resident allows an undocumented resident to live there
• Tighten regulations requiring employers to use E-Verify and increases penalties for failing to use E-Verify, despite multiple reports from employers who have experienced errors and difficulty with the program
• Expand the ban on issuing a license to someone if that person does not provide documentation of citizenship or alien status to all agency permits, certificates, approvals, registrations, charters, or similar forms of authorization required by law and issued by any agency (currently the ban is limited to business licenses)
• Require applicants for fingerprint clearance cards to demonstrate citizenship or legal status before they can obtain the card
• Prohibit the state and its political subdivisions from accepting a consular identification card issued by a foreign government as a valid form of identification
• Require the Arizona Peace Officer Standard and Training Board to revoke the certification of any peace officer who refuses to uphold the U.S. Constitution, the Arizona Constitution, or Arizona state law, in spite of existing disciplinary procedures for peace officers and even if constitutional requirements and state law conflict with each other
• SB 1222 would
  • Require an applicant for public housing to prove U.S. citizenship or qualified alien status
• Require a public housing authority to evict all residents of a unit in the authority’s housing facility if any resident of that unit allows an undocumented person to reside in the unit
• Terminate the ability of tribal members, the elderly, and people with disabilities or incapacity of the mind or body to provide citizenship documentation under existing federal law
• Remove certain protections guaranteed by federal law and conflicts with various provisions of federal law

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