GUESTWORK | Diane Lopez Hughes

While vacationing in Flagstaff earlier this month, I was heartened to discover that if the new, repressive immigration law takes effect in Arizona today, that fair city won’t be snooping at shoes or using other creative means to guess immigration status. In much of the rest of Arizona, however, the controversial SB 1070 will make it a state crime to be undocumented.

Last week in Phoenix, the U.S. Department of Justice argued that portions of SB 1070 need to be enjoined because they preempt the federal government’s authority to regulate immigration. As of July 25, the country was awaiting Judge Susan Bolton’s determination to enjoin all, none, or only particular provisions of this law.

The defense claimed that the state of Arizona only wants to contribute to stemming out-of-control immigration and this law actually cooperates with federal policies. Questioning by the judge highlighted the creation of a new state crime of being in the country illegally, which conflicts with prior Supreme Court rulings that states may not have their individualized systems for registration.

In the judge’s mind, answers to these questions appeared to be critical: How can the police determine who is removable from the country and who is not? Would SB 1070 require police to hold someone indefinitely until they determine that individual is undocumented? What would happen to people without documents who are in the process of applying for a humanitarian visa? Why can’t a state create its own policy to have uniformity in the way police departments handle immigration?

Local jurisdictions apparently did not feel the need to wait for a state injunction. In May, 2010, the Flagstaff city council voted unanimously for an injunction against SB 1070. And immigrant and human rights groups throughout the state have held simultaneous press conferences in Flagstaff, Phoenix and Tucson announcing that they and their supporters will refuse to comply if the law goes into effect on July 29.

In our own community, we have met hard-working undocumented individuals who raised families while living in the United States. We have met adolescents who, because they aren’t documented, can’t apply for college or work although they were born in this country (google “The DREAM Act”).

In these days of frenzied rhetoric, here are just two of the myriad immigration myths that bear repudiation:

- They don’t pay taxes. Undocumented immigrants DO pay taxes: sales, property and income taxes.

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