Dealing with the legacy of Arizona law SB 1070
Arizona law SB 1070 in its final form can be accessed at http://www.azleg.gov. Click on the link in the upper left hand corner of the page that says SB1070 as amended by HB2162.
In faithfulness to the position of The United Methodist Church outlined in the 2008 General Conference resolution titled "Welcoming the Stranger to the U.S.," leadership of our conference advocated against passage of Senate Bill 107o of the Arizona Legislature. Four issues were compelling to us:
- The stated purpose of the law was the creation of a state-wide immigration policy of "immigration enforcement through attrition." The idea was to make the state and the people of Arizona such an inhospitable and legally difficult state that undocumented migrants would choose not to come here, and that those that were here would choose to leave. Even if the federal courts had thrown out the whole law, the mere passage of the law has been a success on this account.
Although there are no survey data available to indicate just how many immigrants and Hispanic citizens have left Arizona, there is some significant anecdotal information from our own churches and agencies that minister with that community, as well as from the Catholic Church, evangelical churches, and other denominations. They all tell stories of undocumented aliens, immigrants with proper documentation, and U.S. citizens alike that have already moved away from Arizona to other states. In some cases, they left to seek work because of the Arizona economy. But the majority cited not the law, but the atmosphere it has created, in which citizen and immigrant alike would become targets, especially children in school.
What church leaders are hearing across the board is that immigrant churches have lost up to thirty percent of their members. For a law that claims to address the issue of immigrant crime, especially along the border, it is instructive to note its effect on church-going Christians. Now that the majority of the law has entered into effect, churches are waiting to see how many more Christians leave for other states. It seems that the wrong type of people is leaving. - The legislation sought to criminalize a whole class of people on the basis of having broken an immigration law. Phoenix Chief of Police Jack Harris points out that many people in the U.S. break laws each day, but that does not make them criminals. Declaring all illegal immigrants criminals goes beyond federal immigration law. The court injunction put this part of the law on hold, on the presumption that it would be stricken down after legal arguments were heard; but in the mean time it would have damaged people by criminalizing them when federal immigration law does not do so.
- The legislation was ambiguous at the point of making it a crime to "harbor and transport illegal immigrants." In the amendments made to SB 1070 after its signature by the governor, a clause was inserted exempting child protective services officers and state social workers from prosecution, even though the language of the law referred to people involved in the commission of a crime. This subsequent change puts in doubt whether or not church people involved in ministry could be arrested and have personal and church vehicles impounded and property confiscated, cutting to the heart of the issue of the separation of church and state. This part of the legislation entered into effect on July 29.
- The legislation created an impossible job for the police of the state, who stood likely to be sued whichever way they acted in legal contacts with the immigrant public. It also would require them to add the enforcement of federal immigration law to their job without extra funding, which would by definition take time and resources away from the problems of public safety and crime. This part of the law was temporarily halted by the injunction.
On April 23, 2010, Arizona law SB 1070 was signed into law by Governor Jan Brewer. On July 29, 2010 the law entered into enforcement, with the exception of those sections enjoined by the U.S. Ninth District Court. We have prepared a brief of the federal judge's injunction.
The fate of SB 1070 is now in the hands of the legal system. Further public debate will not advance the crucial task before the church - pursuing comprehensive immigration reform. In fact, SB 1070 has become the occasion for further polarization of the citizens of Arizona, including members of our own churches.
The Desert Southwest Conference is now pursuing a course of encouraging and supporting open conversation in every church about comprehensive immigration reform. If such reform is to be achieved, it will be accomplished by a united, not a divided electorate. More information on how we hope to pursue this strategy is located on the Web page about important upcoming events.


