WASHINGTON — Rebuffing challenges from a senior U.S. senator, the author of Arizona’s immigration law on Tuesday defended both the legality and the wisdom of his measure.
Former state Sen. Russell Pearce of Mesa testified before a U.S. Senate Judiciary subcommittee that Arizona lawmakers chose to act in 2010 after it became clear the federal government was not adequately enforcing federal immigration laws.
He told panel members — at least the two who attended — that SB 1070 does not regulate immigration but instead uses the state’s “inherent police power” to regulate those not in the country legally “consistent with the objectives of federal law.”
It is not Congress, though, that Pearce needs to convince. The real legal battle unfolds Wednesday when the U.S. Supreme Court takes up the question of whether four key sections of the law illegally tread into areas reserved for the federal government.
But Tuesday’s hearing and Wednesday’s court arguments clearly are linked. In fact, Sen. Charles Schumer, D-N.Y., who chairs the panel — and purposely scheduled the hearing for just before the Supreme Court arguments — said if the justices do not strike down the Arizona law, he will introduce legislation to spell out clearly that only Congress can adopt immigration restrictions — and that states can act only with “an explicit agreement with the federal government and are being supervised and trained by federal officials.”
“States like Arizona and Alabama will no longer be able to get away with saying they are simply ‘helping the federal government’ to enforce the law when they are really writing their own laws and knowingly deploying untrained officers with a mission of arresting anyone and everyone who might fit the preconceived profile of an illegal immigrant,” he said.
Schumer’s chances of getting such a bill through a Republican-controlled House are minimal. But the legislation might serve Democratic political goals by forcing GOP lawmakers to take an election-year stance on the issue.
The issue of racial profiling was central to the hearing.
Former Democratic U.S. Sen. Dennis DeConcini said the law puts police into a difficult situation.
“Police officers are trained to profile behavior, not people,” he testified. “This law does the opposite. If you have brown skin in my state, you’re going to be asked to prove your citizenship.”
Schumer said it certainly appeared that way.
One section of the law requires police to determine the immigration status of those they have stopped if there is “reasonable suspicion” this person is in this country illegally.
While the statute does not define that, the state Police Officers Standards and Training Board came up with a list of things an officer might consider. And Schumer noted one of those things is how someone is dressed.
“What does an illegal immigrant dress like?” he asked.
Pearce said that is just one item in a whole list of what an officer might consider, a list that Pearce said was put together with help from federal immigration officials. Other factors include whether a person is evasive in answering questions or appears particularly nervous.
“It’s a compilation of issues that tend to raise the level of suspicion to the level of probable cause” to believe a law has been violated. “It’s not any one isolated instance.”
State Rep. Steve Gallardo, D-Phoenix, said Pearce is half right on the question of what constitutes reasonable suspicion.
“It’s not by clothing,” he said. “It’s by the color of their skin. End of discussion.”
Pearce said SB 1070 has nothing to do with race.
“Illegal is a crime, not a race,” he said. “It doesn’t pick out any nationality. It just so happened that 95 percent of those who violate our immigration laws come from across that southern border or are Hispanic.”
And Pearce said police cannot ignore what may appear out of place, comparing it to three young children playing in the age-restricted community of Sun City at 3 a.m.
“I don’t care what color they are, they’re going to get stopped and questioned,” he said.
DeConcini, who used to be Pima County attorney and now serves on the Arizona Board of Regents, said all the rhetoric does not hide the true targets of the law.
“If anyone tells you it is only the gun- and drug-trafficking criminals they are mistaken,” he said.
“SB 1070 targets those with brown skin,” he said. “And in my state, those are my neighbors, my friends, successful business associates.”
Pearce actually found himself alone in defending the law.
Gov. Jan Brewer, who signed the legislation, rebuffed the invitation by Sen. Charles Schumer, D-N.Y., to explain the measure even though she is at the Capitol this week to attend today’s high court hearing. Matthew Benson, her press aide, called it a “publicity stunt.”
But the meeting also was ignored by Senate Republicans, with Arizona Sen. Jon Kyl saying the timing of it one day before the Supreme Court hearing makes it “strictly political theater” designed either to influence the court or generate publicity.
There were clear political elements to the hearing.
Schumer argued for “comprehensive immigration reform” favored by many Democrats which he said includes not only securing the border but addressing the status of those already in this country illegally. Republicans have tended to rebuff talk of anything else until the border is secure.
And Sen. Richard Durbin, R-Ill., the only other lawmaker to attend, used the opportunity to push his DREAM Act, which would provide a path to citizenship for those brought to this country illegally as children but who attend college or enlist in the military. Pearce, however, was not interested.
“It’s a blanket amnesty for those folks,” he said. “There’s a cost to American taxpayers for all this.”
Schumer also said all the evidence shows that the federal government is doing a better job of securing the border, not only based on the number of officers enforcing the law but the reduction in apprehensions as well as the new study showing net illegal migration is close to zero. He said that should make laws like SB 1070 unnecessary.
But Pearce said that still leaves those already in the country illegally. And he made it clear that more needs to be done to remove them.
“Laws without consequences are no laws at all,” he said.
“We’re a generous nation,” Pearce said. “But, yes, the laws must be enforced.”
Schumer complained that the Arizona law makes no distinctions based on how long someone has been in this country and even whether they have minor children who are U.S. citizens. But Pearce noted that is the same with federal law.
Leon Ceniceros posted at 12:49 pm on Tue, Apr 24, 2012.
God Bless Russell Pearce for shepherding....SB 1070...through the Arizona Legislature.
He has earned his place in Arizona's and America's Most Influential Legislators.
We Arizonians, the "Patriotic" ones anyway, will always be grateful for his perserverance and dedication to that the "RULE OF LAW" ..in regards to Aliens illegally entering the United States of America was thwarted.
President Obama, the Democrats and the R.I.N.O.'s, "R"epublicans.. "I"n .."N"ame".. "O"nly, (like Senator Kyle, Senator McCain, Congressman Jeff Flake and Matt Salmon)....may have attempted to push aside United States Code, Title 8, Chapter 12, Subchapter II, Part B, Section 1325.."1. Entry or attempt to enter the US at any time or place other that designated by Immigration Officials..."..........................BUT, RUSSELL PEARCE SURE AS HECK DIDN'T.
hillstreet posted at 1:30 pm on Tue, Apr 24, 2012.
Why don't u ask Russell "rule of law" Pearce why he was fired, in lieu of prosecution, from MVD?
Why don't u ask Reichfuehrer Pearce what's he doing hanging out with neo nazis?
Patriot? Hardly. This morning he forgot he was not talking to the mental midgets at the AZ Legislature and Shumer ate his lunch. The nationsaw him today for what he s, an embarrassing old racist, and not a very smart one at that,
And I happen to be a Republican.
tularockstar posted at 1:40 pm on Tue, Apr 24, 2012.
I think Pearce can try telling the biased, pro-illegal immigration panel, all he wants. But, it's going to be a waste of time. Because this whole Senate hearing is nothing but another Sandra Flukhead bogus theatre! The Democrats are trying to influence the SCOTUS by holding this hearing and then use edited sound bites in their favor. Given the fact that both (up)Chuck Schumer and (sleezy-boy)Harry Reid already have plans to counter SB1070 shows their desperation. The Demcraps are counting on the Hispanic votes, which they would get if they advocate for amnesty and open borders! I just hope that Pearce's words in today hearing don't get edited and used against him in the future.
Rational Human posted at 1:42 pm on Tue, Apr 24, 2012.
It's funny how their only argument against SB1070 is that Hispanics may be questioned when 95% of illegal aliens are coming across our southern border or are Hispanic. Hispanics and the progressive socialists like Shumer want to cripple our immigration laws for political reasons when millions of Americans can't find jobs, and that is really sick. Just because a few legal Hispanics might suffer the indignity of being questioned about their status we should just allow the invasion to continue? Maybe if the legal Hispanic population didn't try to harbor their illegal brethren they wouldn't have any reason to worry. They are helping to create the problem for political reasons. That is racism pure and simple.
Rational Human posted at 2:00 pm on Tue, Apr 24, 2012.
Ya Hill the phony cop let's all be distracted by Pearce's personal life and not debate the real issue, and who cares who ate who's lunch? The facts where presented and are on record. None of what the progressive socialists said amounted to a hill of beans.
spyderdog posted at 2:01 pm on Tue, Apr 24, 2012.
^^ way to rationalize your racism
spyderdog posted at 2:11 pm on Tue, Apr 24, 2012.
btw,
they dont need to edit anything pierce says. he will do a fine job of making himself look like a simple minded idiot on his own......i mean he did try and "solve" this countries immigration problem with a 17 page document...... 2 pages of which was cover sheet....clearly a very well thought out piece of legislation.
i dont understand the desperation thing in the slightest. this law is blindingly unconstitutional and a giant embarrassment to AZ history, that has cost this state millions upon millions of dollars (legal fees, tourism dollars, etc). that's what makes this so confusing for me. i thought "conservatives" were all about protecting the constitution, and the government not wasting taxpayer money.....
spyderdog posted at 2:12 pm on Tue, Apr 24, 2012.
btw,
they dont need to edit anything pierce says. he will do a fine job of making himself look like a simple minded idiot on his own......i mean he did try and "solve" this countries immigration problem with a 17 page document...... 2 pages of which was cover sheet....clearly a very well thought out piece of legislation.
i dont understand the desperation thing in the slightest. this law is blindingly
hillstreet posted at 2:32 pm on Tue, Apr 24, 2012.
"Just because a few legal Hispanics might suffer the indignity of being questioned about their status we should just allow the invasion to continue? "
Spoken like a true ethnocentrist (look it up in the dictionary). As long as it is not lil 'ol white me nor my white family being harrassed, what's the problem, right?
"A few legal Hispanics?" Check your facts, it is more like hundreds of thousands citizens of this country, born and raised here, who happen to have Hispanic ancestry. I was born in this country bud, I served in its military during war, and sweat and bled on these streets protecting you and your family. Who the hell are you to tell me cops have the right to question me just because I "look brown?"
ron posted at 3:15 pm on Tue, Apr 24, 2012.
Somebody needs to tell charles Schumer That the President isnt enforcing our laws and has relitives that are here illeagally arizona is just trying to help with the problem
Lynnda37 posted at 3:28 pm on Tue, Apr 24, 2012.
Wonder how much he received from ALEC and from the private prisons
cwms2005 posted at 3:42 pm on Tue, Apr 24, 2012.
Schumer is a traitor. What is the penalty for traitors?
Accuracy posted at 5:51 pm on Tue, Apr 24, 2012.
Democrat Sen. Chuck Schumer and other Senate Democrats grilled Arizona’s SB 1070 illegal immigration law at the Senate hearing this morning, while Senate Republicans refused to show up at a hearing on the measure.
Gov. Jan Brewer signed SB 1070, which was sponsored by former Sen. Russell Pearce, R-Mesa, into law on April 23, 2010.
Tuesday’s Senate hearing was setup by Schumer, and other Senate Democrats, as a movement to attack and challenge Arizona Gov. Jan Brewer a day before the U.S. Supreme Court hears arguments on Arizona's immigration law constitutionality.
Democrats are hoping that the Supreme Court will strike down SB 1070 law . . . But Schumer vowed at Tuesday’s hearing that Democrats would nullify Arizona's law, and other similar state-level measures, if the High Court ultimately sides with provisions of the law.
Cerulean posted at 9:59 pm on Tue, Apr 24, 2012.
Poor, poor Russ Pearce, in Washington trying to convince the Senate that SB1070 caused the immigration problem to subside. It must be hard for Pearce to accept that the Obama administration and Napolitano’s enforcement effort on the border that has made the larger impact on the numbers of fewer trespassers.
Rational Human posted at 7:12 am on Wed, Apr 25, 2012.
Hill, if old Caucasians like myself were invading this country in the millions illegally I would be proud to show that I was a citizen and not be offended if a cop questioned my status. I'd have bumper stickers on my cars asking them to pull me over so that I could prove to them that I was a citizen because I am a proud American who supports America and wants to be a part of the solution instead of the problem. The majority of Hispanic citizens of America seem to have the opposite view. Will every Hispanic citizen be questioned about their status here Hill? No. A few may and they may feel that their dignity was offended. Too bad. If the Hispanic community would just cooperate with the law that would not ever happen, but they wont.
Cerulean since you are a illegal alien supporter then I would think you wouldn't want to vote for the Obamanation because, as you state, he has made such a large impact on the numbers of fewer trespassers. You're a joke boy.
Accuracy posted at 12:11 pm on Wed, Apr 25, 2012.
Cerulean posted: “It must be hard for Pearce to accept that the Obama administration and Napolitano’s enforcement effort on the border that has made the larger impact on the numbers of fewer trespassers.”
According to the Pew Hispanic Center, the number of illegal Mexican immigrants living in the United States is down from nearly 7 million in 2007 to approximately 6.1 million last year.
With more farms moving from Arizona and other states to Mexico, it makes it more difficult for immigrants to get jobs in states . . . NOT because of border control enforcement and a rise in deportations of illegal aliens. Pew Hispanic Center researchers found that immigrants can't find work here, so they return to Mexico. Which looks like some of the illegal Mexican immigrants are now making new calculations and changing their views.
hillstreet posted at 2:19 pm on Thu, Apr 26, 2012.
You are still missing the point, mr. human. You cannot hide behind the Constitution to violate the rights of US citizens protected by the same Constitution; you are arguing with yourself. I have said before, build a freaking Wall of China on the border and place landmines to boot. I believe in protecting our border. That, however, is not a license for cops to go around stopping brown skin people to ask for papers. I have the right, not the privilege, or the expectation... the RIGHT as an American citizen not to be treated like second class person based on my skin color. Most non-Hispanics totally understand that and are in agreement. Only extremists and hypocrites will say that is ok to treat others in a manner they themselves would absolutely rebel against.
It's easy to say "I wouldn't mind being stopped" when you know you won't be....
Rational Human posted at 8:28 am on Mon, Apr 30, 2012.
Illegal migrants have little protection under the US Constitution. They do not have the right to to privacy that until recently was afforded Americans. Like all race baiters, Hill confuses illegal as being a race when he says the RIGHT as an American citizen not to be treated like second class person based on my skin color. Most non-Hispanics totally understand that and are in agreement. I am in agreement with that. Unfortunately, Hispanics are the bulk of the illegal migrants so the legal Hispanics will endure some will be questioned and they will feel humiliated as a result. If the Hispanic community would just start cooperating with the law that problem would be diminished almost entirely, but they harbor fellow Hispanics that are here illegally. That is a major problem for them to overcome.
A short while back, Los Angeles Police Chief Charlie Beck announced, with the support of Mayor Antonio Villaraigosa, that he was promulgating a new "Special Order 7", under which officers will no longer immediately impound the vehicles of unlicensed drivers for 30 days if they meet certain criteria such as having car insurance and no prior convictions for driving without a license.
The basis for the order became apparent fairly quickly, as various illegal alien advocacy groups came rushing forward to endorse the proposed change, which, they claimed, had put an "undue burden" on illegal aliens caught behind the wheel with no driver's licenses (to which they are not entitled under California law).
Imagine that a criminal committing an additional crime of driving without a license should be allowed to keep his or her car because it is an undue burden on the criminals. It begs the question, how do they get car insurance without a drivers license. And if they have a license, how did they get that without stealing someone's identity. The Hispanic community is, of course, fully backing this new order.
Jesus Christo de Nogales posted at 2:42 pm on Sat, Jun 23, 2012.
Obama is a true racist. Why does the US President hate the advancement of the standard of living for Mexico’s poor? Barrack Hussein Obama; how dare you deprive Mexico its young educated people. These illegal aliens in the US are the only hope for Mexico and you want to keep them here in the US. They could start businesses, create jobs, and improve the standard of living for the poor people of Mexico. Yet you want to be selfish and deprive Mexico of these talented youth who could make life better for all the people of Mexico. SHAME ON YOU! Have you no compassion for the poor now living in Mexico? Gustavo Arellano, Steve Gallardo, Nicky Diaz Santillan, and La Raza need to insist that all these young educated and talented Mexicans be sent back to Mexico to help improve the standard of living for the poor Mexicans.