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Jeffrey Cohen, Department of Anthropology

Posted on | June 2, 2010 | 3,140 views | 1 Comment

What does the new Arizona immigration law actually state, and why is it controversial?
SB1070, the immigration law recently enacted by Arizona, seeks to “deter the unlawful entry and presence of illegal aliens and economic activity by illegal aliens in the United States” with the intent “to make attrition through enforcement the public policy of all state and local government agencies.” SB1070 makes failure to register with homeland security a state crime and makes it illegal to hire or even give a ride to people who are undocumented. The controversies surrounding this law range from its constitutionality to the assumption that it will lead to ethnic profiling and challenge the civil liberties of citizens and migrants alike.

What are the effects of the law on both immigrants and US citizens?
Supporters of SB 1070 argue that it seeks to implement and put into practice federal standards that are not now enforced. Nevertheless, it is the federal government that makes immigration law in part to maintain common rules across the nation. While Arizona leaders argue they are enforcing national standards, according to the Congressional Research Services, a state can only pursue criminal violations. Pursuing civil violations (which include being an unregistered immigrant) is unconstitutional. More importantly, such rules place our civil liberties (as citizens and immigrants) in jeopardy and threaten our expectation to privacy, equal protection and due process.

How effective will the law be in curbing illegal immigration?
Regardless of one’s stance on immigration, this law will do little to mitigate the presence of undocumented immigrants in the US.

To understand why the law will fail, we need to distinguish between the economics and morality of immigration. A law that is focused on the removal of undocumented or illegal immigrants does little to address the underlying economic and moral dimensions of immigration reform.

The economics of migration are built around a vulnerable pool of low-wage workers (in Arizona these are largely undocumented Mexican immigrant workers) whose efforts guarantee profits for business while holding down costs for consumers. We should not mistake the economics of migration for a moral discussion. What is morally reprehensible is often economically profitable, and SB1070 does nothing to stop the demand for labor. In fact, it may only push immigrants further into the shadows of our economy, creating an even more isolated and separate undocumented working class that preserves low prices for us while gaining little for itself.

Citizens are as much the victims of laws, such as SB1070, as are immigrants. Supporting such laws will not protect our wages or create jobs. Instead, we should push for immigration reform that focuses on labor, business owners and the governments of the countries involved to encourage a system that builds toward a system based upon mutual respect and justice and where borders can be crossed to find work that is not done in the shadows but in the open and with dignity and opportunity.

We have to walk away from the assumption that illegal immigrants are dangerous, that they are stealing jobs and that they must go home. We should instead push for reforms that support and protect citizens and immigrants. These kinds of reforms cannot begin with demonizing the immigrant and quick fixes but in deliberate, planned changes based in respect and built around justice.

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