On April 23, 2010, Arizona Governor Janice Brewer signed Senate Bill (SB) 1070 in law. SB 1070 imposes a comprehensive set of state immigration enforcement laws in an effort to reduce the population of undocumented immigrants in Arizona. One of the most egregious provisions of the law is to require police officers to demand papers from anyone they stop who they “reasonably suspect” is undocumented. This provision not only legitimizes racial profiling, but will cause fear and mistrust among immigrants and other minorities.
This law is unconstitutional, and is the subject of a
legal challenge by the Asian Pacific American Legal Center and the Asian American Justice Center. Barring a successful legal challenge, the law will go into effect on July 29, 2010.
Racial Profiling Affects AAPIs
The evolution of our country’s immigration laws, dictating who belongs and who does not belong in the United States, has too often been shaped by prevailing nativist sentiments of the time. Up until the mid-20th century, laws were in place to limit the entry of certain immigrants based solely on their race, including laws barring virtually all Asians from immigrating to the United States.
In late 19th century and early 20th century California, for example, various Asian groups were precluded from owning property, barred from interracial marriage, prohibited from employment by the state, and banned from living outside of certain designated areas. Asian children were prohibited from attending schools designated for white children. A statute passed in 1891 required all Chinese to carry with them at all times a "certificate of residence" or risk arrest and imprisonment.
The effect of these racist immigration laws can still be felt today. In part because of longstanding laws that made clear Asians have no equal place in America, Asians continue to struggle to be accepted as Americans and are regarded as perpetual foreigners. In more recent times, South Asian- and Arab-Americans have felt the brunt of discriminatory law enforcement practices as a result of backlash from the events of 9/11. Other Asian immigrants, many of whom are new to the country and appear “foreign” in culture, dress, and language, remain susceptible to being targeted by law enforcement merely for being perceived as different.
Facts about Racial Profiling
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May 29, 2010 National Day of Action Against SB 1070