The sections of the 2(b) provision of SB 1070 that were upheld by Arizona Judge Bolton on Wednesday deeply affect our community. Despite protests by various civil rights groups, who assert that racial profiling would have to play a part in the enforcement of what has been called the “papers please” provision of the law, Bolton's ruling will require police officers who have stopped an individual to inquire about immigration status if they have any reason to suspect the person is in this country illegally. "This decision may be legal but is not moral. It jeopardizes the community by undermining the community’s perception of law enforcement," says Mike Wilson, BAN's Policy Director. "Immigrant communities live in fear as their status is criminalized by immoral legislation. The implementation of these laws is known to perpetuate racial profiling.”

Fortunately, the harboring/transporting provision has been blocked, but the court declined to certify the question of whether 2(b) authorizes additional detention.

In addition, the guidelines for upholding the law are tenuous. "The premise for enforcing this law in everyday practice is flawed, and the system does not have the tools to support the law. This renders our state vulnerable to lawsuits from either direction."

The burden of substantiating the problematic—and racially based—implementation of this law lies with the community, Ban's Coordinator of Events and Media Communications Jill Nunes, emphasizes. “We need the community to be actively involved in communicating and documenting human rights abuses.” 

Michael Monyak, Administrator for BAN, expressed his concerns about the law's potentially negative effect on all members of the community. “This latest blow to our already stressed state will result in increased costs for tax payers and will put an undue burden on our local first responders," he says. "Hatred and prejudice do not contribute to the public good.”

The law could be implemented in some communities in as few as 10 days (from September 5th.)

Where to get help: Here is a hot line to report abuses: 1-855-RESPETO (737-7386). The ACLU also has an online complaint form, http://www.acluaz.org/get-help.