CAPAC Responds to SB1070 Ruling
Washington, DC – Today, the Supreme Court of the United States struck down three of four provisions included in Arizona’s SB1070 immigration law. In so doing, the Court reaffirmed that immigration enforcement is solely the responsibility of the Federal Government. However, the decision let stand a provision that will encourage racial profiling by Arizona law enforcement officials who can ask Arizona residents to provide documentation if they have a “reasonable suspicion” the individual is in the country illegally. Congresswoman Judy Chu (CA-32), Chair of the Congressional Asian Pacific American Caucus (CAPAC), and Congressman Mike Honda (CA-15), CAPAC Immigration Taskforce Chair and Chair Emeritus, released the following statements in response to the ruling:
Congresswoman Judy Chu (CA-32): “Today, the Supreme Court reiterated that the Federal Government has broad, irrefutable power over immigration under the Constitution. While I applaud the Court’s decision to strike down the misguided policies that would have pitted law enforcement against families, workers and senior citizens, I believe their decision to uphold the discriminatory ‘show me your papers’ provision will harm us as a nation. This provision will promote racial profiling, which I believe violates our values and interests, as well as our Constitution.
“I remain concerned about the precedent that this sets for our nation – a nation of immigrants – as we see race-based law enforcement codified into state law. Asian Pacific Americans are the fastest growing demographic in Arizona and will be profoundly impacted by this provision. Lawsuits challenging the provision on racial profiling grounds are moving through the courts and I am hopeful that this discriminatory provision will ultimately be invalidated. The Supreme Court’s decision today is yet another reminder that Congress must act immediately to ensure our nation has a clear and robust federal immigration policy that works for families, employers and immigrants and citizens alike.”
Congressman Mike Honda (CA-15): “While I applaud the Supreme Court’s ruling to strike down most of the key provisions of Arizona’s anti-immigrant enforcement bill (SB 1070), I am extremely disheartened and disappointed by the Court’s ruling to essentially uphold the highly discriminatory and dangerous “show me your papers” provision—thus keeping open the floodgates for legally-sanctioned racial profiling. When implemented, Arizonans who look or sound “foreign,” even if they are in fact citizens or legal residents, could be asked for their papers at any given moment—and punished for failing to produce them. As someone who was placed in Japanese internment camps during World War II, I know all too well the effects of scapegoating and racial profiling. Racial profiling is humiliating and degrading, and it tears at the social and moral fabric of families, communities and America as a whole. But this is not the final word on “show me your papers” provision. I remain hopeful that the Supreme Court has left the door open for the provision to be challenged upon implementation. As CAPAC Chair Emeritus and Immigration Task Force Chair, I will continue the fight for comprehensive, inclusive immigration reform and I urge the U.S. Department of Justice to continue championing civil rights enforcement.”
Senator Daniel K. Akaka (D-Hawaii): “I am pleased that the Supreme Court struck down key elements of Arizona’s aggressive immigration law. However, I am concerned that the part of the law left in place – allowing local police to check the immigration status of anyone suspected to be in the country illegally – will target individuals based on appearance and speech. This decision illustrates the pressing need for comprehensive immigration reform.”
Congresswoman Barbara Lee (CA-09): “Today, the Supreme Court struck down key provisions of Arizona’s immigration law, SB 1070, on the grounds that they undermined the federal government’s role in immigration enforcement. Still, the Court made a grave error by failing to strike the provision that allows law enforcement to discriminate based on appearance and accent. By allowing the controversial ‘papers please’ provision to stand, I fear the floodgates have been opened for legally-sanctioned racial profiling. The Supreme Court will soon learn what we all already know: in practice, this provision is an assault on communities where people look and dress a certain way and it is a violation of our most basic civil rights. I will continue to fight for common-sense immigration reform, and oppose Republican efforts to kill the American Dream. The United States is at her best when we are committed to ensuring that all are treated fairly.”
Congresswoman Loretta Sanchez (CA-47): “This ruling by the Supreme Court to strike down large portions of SB 1070 confirms what I have always maintained – that immigration enforcement is a federal responsibility. This is a victory and vindication that state and local municipalities simply do not have the authority to set the law on immigration matters.
“However, I am deeply disappointed the Court upheld the discriminatory “show me your papers” provision of SB 1070. I am especially concerned for the impact of this law on citizens who are here legally. It is likely they will be singled out and will face harassment simply for looking like an immigrant. We are a nation of immigrants and I fear this provision will be impossible to enforce fairly and even handedly, in a manner that accurately reflects our American values. As a senior member of the Committee on Homeland Security, I will be alert to this situation and will watch for the even implementation of this law.
“The discussions surrounding SB 1070 certainly illustrate the need to move forward with comprehensive immigration reform on the federal level. I call on my colleagues to work in a bipartisan fashion on long term improvements to our immigration system, for our families and for our economy.”
Adam Schiff (CA-29): “The Supreme Court decision continues to make clear the need for comprehensive immigration reform, so we do not have the states resort to conflicting and constitutionally infirm measures. While I am pleased that the Supreme Court struck down provisions of Arizona’s immigration law SB1070, I am concerned that the validity of the ‘show me your papers’ provision was upheld and remains unclear. Our broken immigration system takes a terrible toll on families, local law enforcement authorities, and our economy. The time for Congress to act is now.”
Congressman Brad Sherman (CA-27): “Today’s Supreme Court ruling was a reminder of our country’s urgent need to pass comprehensive immigration reform. The United States must find a way to secure our borders while protecting civil liberties -- Arizona’s law is not the answer.”
The Supreme Court decision on Arizona state law SB1070 upheld Section 2(B). That section requires state and local police to attempt to determine the immigration status of any person lawfully stopped, detained, or arrested whenever there is a “reasonable suspicion” that the person is unlawfully present, and verify that status with the federal government.
The Court found three provisions of SB1070 unconstitutional: Section 3, which made it a state crime for any person to violate provisions of the federal immigration law requiring registration and the carrying of registration documents; Section 5(C), which made it a state crime for an immigrant unlawfully present and not authorized to work in the United States to apply for work, solicit work in a public place, or perform work within the state; and Section 6, which authorized police officers to arrest individuals without a warrant where the officers have probable cause to believe that the individual committed an offense that would make him or her deportable.
The Court’s full decision can be read by clicking here.
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The Congressional Asian Pacific American Caucus (CAPAC) is comprised of Members of Congress of Asian and Pacific Islander descent and members who have a strong dedication to promoting the well-being of the Asian American and Pacific Islander (AAPI) community. Currently chaired by Congresswoman Judy Chu, CAPAC has been addressing the needs of the AAPI community in all areas of American life since it was founded in 1994.