Misplaced Pages

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117-626: The Support Our Law Enforcement and Safe Neighborhoods Act (introduced as Arizona Senate Bill 1070 and commonly referred to as Arizona SB 1070 ) is a 2010 legislative Act in the U.S. state of Arizona that was the broadest and strictest anti- illegal immigration law in the United States when passed. It has received international attention and has spurred considerable controversy. U.S. federal law requires immigrants older than 18 to possess any certificate of alien registration issued to him or her at all times; violation of this requirement

234-492: A Common Access Card or CAC) is issued to Active Duty and Selected Reserve service members, DOD employees, and some contractors. Adult dependents of service members, retired service members, and members of the inactive ready reserve receive a different kind of military ID that does not contain the smart card cryptographic chip that the Common Access Card has. A DOD identification card number usually matches

351-535: A minimum fine of $ 500 for a first violation, and for a second violation a minimum $ 1,000 fine and a maximum jail sentence of 6 months). A person is "presumed to not be an immigrant who is unlawfully present in the United States" if he or she presents any of the following four forms of identification: a valid Arizona driver license ; a valid Arizona nonoperating identification license ; a valid tribal enrollment card or other tribal identification; or any valid federal, state, or local government-issued identification , if

468-595: A "lawful stop, detention or arrest", to determine a person's immigration status if there is reasonable suspicion that the person is an illegal alien. Any person arrested cannot be released without confirmation of the person's legal immigration status by the federal government pursuant to § 1373(c) of Title 8 of the United States Code . A first offense carries a fine of up to $ 100, plus court costs, and up to 20 days in jail; subsequent offenses can result in up to 30 days in jail (SB 1070 required

585-468: A 64 percent to 30 percent margin. Rasmussen also found that Brewer's approval ratings as governor had shot up, going from 40 percent of likely voters before the signing to 56 percent after, and that her margin over prospective Democratic gubernatorial opponent, State Attorney General Terry Goddard (who opposes the law) had widened. A poll done by Arizona State University researchers found that 81 percent of registered Latino voters in

702-404: A Social Security Number (SSN) and were intended only for use in complying with Social Security payroll tax laws. They now are used in a wider scope of activities, such as for obtaining credit and other regulated financial services in banking and investments. The birth certificate is the initial identification document issued to parents shortly after the birth of their child. The birth certificate

819-589: A bicycle on the wrong side of a street) is sufficient justification for full custodial arrest. Prior to 2005, each state designed its own driver's license according to its own standards. In 2005, the U.S. Congress passed a controversial bill known as the REAL ID Act , which established uniform standards for the design and content of state drivers' licenses and delegated authority to the Department of Homeland Security to implement and regulate compliance with

936-408: A birth certificate. These two documents, along with a U.S. passport, are by law one of the few primary documents for proving U.S. citizenship. These certificates are normally not carried on a day-to-day basis; instead, they are used to procure other documents, such as a passport or driver's license, which are then carried and used as a primary means of identification. The federal government also issues

1053-458: A copy would not be admissible in court. One is archived as a file copy in the notary's protocol. The second category is known as an "act in private form" (Fr acte en brevet , Du brevetakte , akte in originali , It atto rilasciato in originale , Ger Urkunde im Original , Sp acta extraprotocolar ), best represented by the notarial certificate (or "docquet" in Scotland). This is generally

1170-492: A crime. However, the Phoenix Law Enforcement Association, which represents the city's police officers, has supported the legislation and lobbied aggressively for its passage. Officers supporting the measure say they have many indicators other than race they can use to determine whether someone may be an illegal immigrant, such as absent identification or conflicting statements made. The measure

1287-478: A disproportionate number of crimes is uncertain, with different authorities and academics claiming that the rate for this group was the same, greater, or less than that of the overall population. There was also anxiety that the Mexican Drug War , which had caused thousands of deaths, would spill over into the U.S. Moreover, by late in the decade 2000, Phoenix was averaging one kidnapping per day, earning it

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1404-672: A figure long associated with the Federation for American Immigration Reform who had drafted immigration bills for many other states. Pearce and Kobach had worked together on prior immigration legislation, and Pearce contacted Kobach when he was ready to pursue stronger state enforcement of federal immigration laws. A December 2009 meeting of the American Legislative Exchange Council (ALEC) in Washington, D.C., produced model legislation that embodied

1521-622: A fivefold increase since 1990. As the state with the most unlawful crossings of the Mexico–United States border , its remote and dangerous deserts are the unlawful entry point for thousands of illegal immigrant Mexicans and Central Americans. By the late 1990s, the Tucson Border Patrol Sector had the highest number of arrests by the United States Border Patrol . Whether illegal aliens commit

1638-478: A month after the signing, showed 52 percent seeing the law as about right, 28 percent thinking it goes too far, and 17 percent thinking it does not go far enough. A 57 percent majority thought that the federal government should be responsible for determining immigration law. A national Fox News poll found that 61 percent of respondents thought Arizona was right to take action itself rather than wait for federal action, and 64 percent thought

1755-673: A notarial register, and the minutes are retained and kept in the notary's protocol (archive) while an engrossment (Fr/Du grosse , It spedizione in forma esecutiva , Ger Ausfertigung , Sp primer testimonio ), a fully extended form in long hand under seal and signature, is handed to the appearer. The minutes are used thereafter as a master copy from which exemplifications (Fr expédition , It spedizione , Sp testimonio ulterio , copia simple , Du authentiek afschrift , uitgifte , Ger beglaubigte Abschrift ), i.e. engrossed fair copies, may be made. In common-law countries, notaries prepare multiple duplicate originals fully executed and sealed, as

1872-591: A one percent increase in the state sales tax to prevent cuts in education, health and human services, and public safety, despite opposition from within her own party. These political moves, along with a tough upcoming Republican Party primary in the 2010 Arizona gubernatorial election with other conservative opponents supporting the bill, were considered major factors in her decision. During the bill's development, her staff had reviewed its language line by line with state senator Pearce, but she had said she had concerns about several of its provisions. The Mexican Senate urged

1989-426: A patchwork of documents issued by both the federal government as well as individual state and local governments. It is both a political issue and a practical one, and the idea of federalism is cited as supporting federated (regional) identification. All legislative attempts to create a national identity card have failed due to tenacious opposition from liberal and conservative politicians alike, who regard

2106-442: A person in violation of a criminal law, it is an offense to transport an illegal alien "in furtherance" of the illegal immigrant's unauthorized presence in the U.S., to "conceal, harbor or shield" an illegal alien, or to encourage or induce an illegal alien to immigrate to the state, if the person "knows or recklessly disregards the fact" that the alien is in the U.S. without authorization or that immigration would be unlawful. Violation

2223-487: A police traffic stop and serve as the primary form of identity for American adults. They are widely used by both government entities and private businesses to verify identity or age, such as in entering secure government facilities, boarding a commercial airliner, business transactions, or in the purchase of age-restricted items such as alcoholic beverages or cigarettes . Drivers' licenses issued in any state are recognized as valid identity documents in all other states under

2340-419: A role in several Republican primary contests during the 2010 congressional election season. One Arizona Democrat who defended some of the motivation behind the bill was Congresswoman Gabby Giffords , who said her constituents were "sick and tired" of the federal government failing to protect the border, that the current situation was "completely unacceptable", and that the legislation was a "clear calling that

2457-582: A variety of legal principles like comity and the Full Faith and Credit Clause of the United States Constitution. However, if a person permanently moves to another state as a resident, state laws usually give a period of time, such as 60 days, in which a person must surrender his out-of-state license for the license of his new home state. Driver's licenses include a gender marker, typically either "M" or "F". This has been changing in

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2574-772: A variety of other documents and cards which can be used to establish identity. Trusted traveler cards are issued by US Customs and Border Protection to indicate participation in the NEXUS , SENTRI , or Global Entry programs used to facilitate expedited entry through customs. Within the marine trades (and supporting trades thereof), the Transportation Worker Identification Credential provides unescorted access to secured port facilitates. Federal, state, and local governments and agencies typically issue identification cards for their employees. These cards can be used to prove identity outside of

2691-647: A vehicle. However, the U.S. Supreme Court ruled in Hiibel v. Sixth Judicial District Court of Nevada that states are permitted to require people to truthfully state their name when a police officer asks them, and more than half of the states (as well as the District of Columbia ) have enacted some variant of stop and identify statutes requiring compliance with such police inquiries. In some states, such as California , failure to produce an identification document upon citation for any traffic infraction (such as riding

2808-573: A worker's wages to the Social Security Administration . Prior to 1986, it was common to apply for a SSN shortly before it might be needed, most often when a teenager. Tax reform acts of 1986 , 1988, and 1990 required parents to supply the SSN of children over age 5, 2, or 1 respectively, to receive an income tax deduction for the child. This led to parents applying for their children's SSN at birth. Because their original purpose

2925-423: A writing that certifies the due execution in the notary's presence of a deed, contract or other writing or verifies some fact or thing of which the notary has certain knowledge. Notarial certificates are endorsed on or appended to a pre-existing document and attest to its due execution, genuine nature and validity, or legal status and effects. As a safety precaution, the certificate may also contain information such as

3042-532: Is a class 1 misdemeanor if fewer than ten illegal aliens are involved, and a class 6 felony if ten or more are involved. The offender is subject to a fine of at least $ 1,000 for each illegal immigrant involved. The transportation provision includes exceptions for child protective services workers, ambulance attendants and emergency medical technicians. On April 30, 2010, the Arizona legislature passed and Governor Brewer signed, House Bill 2162, which modified

3159-613: Is a federal misdemeanor crime. The Arizona act made it also a state misdemeanor for an alien to be in Arizona without carrying the required documents, and required that state law enforcement officers attempt to determine an individual's immigration status during a "lawful stop, detention or arrest" when there is reasonable suspicion that the individual is an illegal immigrant. The law barred state or local officials or agencies from restricting enforcement of federal immigration laws , and imposed penalties on those sheltering, hiring and transporting unregistered aliens. The paragraph on intent in

3276-416: Is any written narration of facts (recitals) drawn up by a notary public or civil-law notary authenticated by his signature and official seal and detailing a procedure which has been transacted by or before him in his official capacity. A notarial act is the only lawful means of proving those facts of which it is the recognized record, whereas on other matters it is usually inadmissible, because, being beyond

3393-448: Is issued without a photograph at birth, containing no identifying features. A birth certificate is normally produced along with proof of identity, such as a driver's license or the testimony of a third party (such as a parent), to establish identity or entitlement to a service. A child born abroad to two U.S. citizen parents, or one citizen parent and one non-citizen, also typically has citizenship from birth. Such births are registered with

3510-501: Is likely to fall short of the high moral standard of treating each other as children of God. The Church supports an approach where undocumented immigrants are allowed to square themselves with the law and continue to work without this necessarily leading to citizenship." The U.S. Conference of Catholic Bishops denounced the law, characterizing it as draconian and saying it "could lead to the wrongful questioning and arrest of U.S. citizens." The National Council of Churches also criticized

3627-652: Is no different from Arizona's", referring to legislation which gives local police forces the power to check documents of people suspected of being in the country unlawful. Immigration and human rights activists have also noted that Mexican authorities frequently engage in racial profiling, harassment, and shakedowns against migrants from Central America. The law imperiled the 28th annual, binational Border Governors Conference , scheduled to be held in Phoenix in September 2010 and to be hosted by Governor Brewer. The governors of

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3744-446: Is normally used in conjunction with other documents, such as a photo ID, to prove that the person holding the card is legally present in the U.S. and has the right to work in the U.S. (unless the card is marked with a restriction). Many organizations , universities , and corporations historically used SSNs to uniquely identify their customer or student populations. The Family Educational Rights and Privacy Act of 1974, also known as

3861-482: Is so crucial to keeping us safe." Obama did later note that the HB ;2162 modification had stipulated that the law not be applied in a discriminatory fashion, but the president said there was still the possibility of suspected illegal immigrants "being harassed and arrested". He repeatedly called for federal immigration reform legislation to forestall such actions among the states and as the only long-term solution to

3978-407: Is the preserve of notaries-at-law . Public form acts may take the form of a record of some activity which is intended or required to have evidentiary status, legal or administrative force or effect, or commercial effect. Acts in this form remain the cornerstone of civil-law notarial practice according to which they are composed as single narrative instruments written in the first person perspective of

4095-425: Is typically issued by local governments, usually the city or county where a child is born. It is an important record, often called a "feeder document," because it establishes U.S. citizenship through birthright citizenship , which is then used to obtain, or is the basis for, all other identity documents. By itself, the birth certificate is usually only considered proof of citizenship but not proof of identity, since it

4212-511: The 9/11 Commission Report , the U.S. Department of Homeland Security now requires proof of citizenship for people entering the United States from neighboring countries. This requirement is known as the Western Hemisphere Travel Initiative , and was implemented in stages: By law, an unexpired U.S. passport (or passport card) is conclusive proof of U.S. nationality ( though not necessarily citizenship ) and has

4329-663: The I-9 ) process. The passport card is considered a "List A" document that may be presented by newly hired employees during the employment eligibility verification process to show work authorized status. "List A" documents are those used by employees to prove both identity and work authorization when completing the Form I-9. Members of the military and employees of the Department of Defense receive identity documents based on their status. A Geneva Conventions Identification Card (called

4446-601: The Obama administration and was replaced by Republican Secretary of State of Arizona Jan Brewer. There is a similar history of referendums, such as the Arizona Proposition 200 (2004) that sought to restrict illegal immigrants' use of social services. The 'attrition through enforcement' doctrine had been encouraged by think tanks such as the Center for Immigration Studies for several years. Impetus for SB 1070

4563-492: The Social Security Administration . Almost all parents voluntarily apply for a Social Security number shortly after the birth of a child. In the absence of a national identity card (and concordant national identity number), the Social Security number has become the de facto national identifier for a large variety of purposes, both governmental and non-governmental. The SSN was created to ensure accurate reporting of

4680-593: The Supremacy Clause of the United States Constitution . U.S. federal law requires aliens 14 years old or older who are in the country for longer than 30 days to register with the U.S. government and have registration documents in their possession at all times. The Act makes it a state misdemeanor for an illegal alien to be in Arizona without carrying the required documents and obligates police to make an attempt, when practicable during

4797-540: The United States passport card may serve as national identification. The United States passport itself also may serve as identification. There is, however, no official "national identity card" in the United States , in the sense that there is no federal agency with nationwide jurisdiction that directly issues an identity document to all US citizens for mandatory regular use. There have been proposals to nationalize ID cards, as currently citizens are identified by

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4914-408: The de facto national identity card due to the ubiquity of driving in the United States . Each state also issues a non-driver state identity card which fulfills the same identification functions as the driver's license, but does not permit the operation of a motor vehicle. Social Security cards have federal jurisdiction but cannot verify identity. They verify only the match between a given name and

5031-509: The Act that had been signed a week earlier, adding text stating that "prosecutors would not investigate complaints based on race, color or national origin." The new text also states that police may only investigate immigration status incident to a "lawful stop, detention, or arrest", lowers the original fine from a minimum of $ 500 to a maximum of $ 5000, and changes incarceration limits for first-time offenders from 6 months to 20 days. Arizona

5148-436: The Act. One of the more-controversial aspects of the Act involves requirements for linking of license and ID card databases . United States passports are issued by the U.S. Department of State . Applications for passports are most often filed at United States Postal Service offices or local county or municipal clerk's offices. For many years, passports were not required for U.S. citizens to re-enter from countries near

5265-482: The Arizona House of Representatives Steve Montenegro supported the law, saying that "This bill has nothing to do with race or profiling. It has to do with the law. We are seeing a lot of crime here in Arizona because of the open borders that we have." Montenegro, who legally immigrated to the U.S. from El Salvador with his family when he was four, stated, "I am saying if you here illegally, get in line, come in

5382-526: The Biblical command to follow laws. While there was a perception that most Christian groups opposed the law, Mark Tooley of the Institute on Religion and Democracy said that immigration was a political issue that "Christians across the spectrum can disagree about" and that liberal churches were simply more outspoken on this matter. The National Association of Latino Elected and Appointed Officials said

5499-566: The Buckley Amendment, required changes that eliminated the use of the SSN as an identifier for a student. Educational institutions now request the SSN at first contact as required by other federal laws and assign their own unique number to each person to maintain the individual's privacy as required. Other laws require the SSN be associated with interest-bearing accounts, interest-paying loans, most public assistance programs, and state-issued identification, e.g. driver's licenses. To reduce

5616-463: The Florida House of Representatives and sitting U.S. Senator Marco Rubio , and former George W. Bush chief political strategist Karl Rove . Some analysts have stated that Republican support for the law gives short-term political benefits by energizing their base and independents, but longer term carries the potential of alienating the growing Hispanic population from the party. The issue played

5733-458: The Obama administration should wait and see how the law works in practice rather than trying to stop it right away. Experts caution that in general, polling has difficulty reflecting complex immigration issues and law. Another Rasmussen poll, done statewide after several days of heavy news coverage about the controversial law and its signing, found a large majority of Arizonans still supported it, by

5850-567: The Obama administration. The major sponsor and legislative force behind the bill was state senator Russell Pearce , who had long been one of Arizona's most vocal opponents of illegal aliens and who had successfully pushed several prior pieces of tough legislation against those he termed "invaders on the American sovereignty". Much of the bill was drafted by Kris Kobach , a professor at the University of Missouri–Kansas City School of Law and

5967-552: The Pearce initiative. One explanation for the impetus behind the bill was that ALEC is largely funded by corporate contributions, including some from the private prison industry such as the Corrections Corporation of America , Management and Training Corporation , and GEO Group . These companies would benefit from a large increase in the number of illegal immigrants sent to jail. Pearce later denied that he created

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6084-477: The State Senate. McCain subsequently became a vocal defender of the law, saying that the state had been forced to take action given the federal government's inability to control the border. In September 2014, U.S. District Judge Susan Bolton ordered SB 1070 sponsor Russell Pearce to comply with a subpoena calling for him to turn over his emails and documents about the contentious statute. Challengers of

6201-620: The United States (including Canada , Mexico , Bermuda , and most Caribbean and Central American nations.) In light of this, and given the country's immense size and the great distances which the average citizen lives from an international border, passport possession in the United States had remained relatively low. Indeed, most Americans normally did not obtain passports or carry them regularly unless traveling abroad, and as of 2006, only 60 million (20% of Americans) had passports. As of 2011, approximately 37% of Americans have passports or passport cards. However, in response to recommendations in

6318-477: The United States and Canada, Mexico, the Caribbean and Bermuda but cannot be used for other countries or for international air travel. Other than these travel limitations, the passport card carries the same rights and privileges as the passport book. The passport card is also accepted as valid identification for domestic air travel inside the United States and for domestic use. When outside the United States and

6435-521: The above-mentioned countries, the passport card can be used as identification and proof of citizenship within a particular country, even though it is not valid for travel internationally (i.e., traveling from Germany to Switzerland/Austria/France/etc.). U.S. Citizenship and Immigration Services has indicated that the U.S. passport card may be used in the Employment Eligibility Verification Form (also known as

6552-451: The absence of a national identity card, the typical adult in the United States often possesses a large number of documents issued by many different public and private entities to prove their identity. For citizens who acquire United States citizenship not by virtue of being born in the United States, the federal government issues a Certificate of U.S. Citizenship or Certificate of Naturalization, which are documents that function similarly to

6669-518: The area's Hispanic population. The church emphasized that it took no position on the law or immigration in general and that Pearce did not speak for it. It later endorsed the Utah Compact on immigration and in the following year, took an official position on the issue which opposed Pearce's approach to immigration, saying, "The Church of Jesus Christ of Latter-day Saints is concerned that any state legislation that only contains enforcement provisions

6786-735: The bill for any reason other than to stop illegal immigration. He denied that he submitted the idea to ALEC for any reason other than helping it pass in Arizona and, potentially, in other states. The bill was introduced in the Arizona legislature in January 2010 and gained 36 cosponsors. The Arizona State Senate approved an early version of the bill in February 2010. Saying, "Enough is enough," Pearce stated figuratively that this new bill would remove handcuffs from law enforcement and place them on violent offenders. On March 27, 2010, 58-year-old Robert Krentz and his dog were shot and killed while Krentz

6903-574: The bill wanted to determine from them whether there was a discriminatory intent in composing the statute. A Rasmussen Reports poll done nationally around the time of the signing indicated that 60 percent of Americans were in favor of and 31 percent opposed to legislation that allows local police to "stop and verify the immigration status of anyone they suspect of being an illegal immigrant." The same poll also indicated that 58 percent are at least somewhat concerned that "efforts to identify and deport illegal immigrants will also end up violating

7020-584: The bill, and on April 23 she did. During the wait for a signing decision, there were over a thousand people at the Arizona State Capitol both in support of and opposition to the bill, and some minor civil unrest occurred. Against concerns that the measure would promote racial profiling, Brewer stated that no such behavior would be tolerated: "We must enforce the law evenly, and without regard to skin color, accent or social status." She vowed to ensure that police forces had proper training relative to

7137-562: The bill, ten Democrats voting against it, and two Democrats abstaining. After a bill passes, the Arizona governor has five days to either sign, veto, or allow it to pass without the governor's signature. The question became whether Governor Brewer would sign the bill into law, as she had remained silent on her opinion of SB1070. Immigration had not previously been a focus of her political career, although as secretary of state she had supported Arizona Proposition 200 (2004) . As governor, she had made another push for Arizona Proposition 100 (2010) ,

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7254-409: The civil rights of some U.S. citizens." A national Gallup Poll found that more than three-quarters of Americans had heard about the law, and of those who had, 51 percent were in favor of it against 39 percent opposed. An Angus Reid Public Opinion poll indicated that 71 percent of Americans said they supported the notion of requiring their own police to determine people's status if there

7371-458: The conference to another state and going forward with it, and it was subsequently held in Santa Fe, New Mexico without Brewer attending. Arizona's law enforcement groups have been split on the bill, with statewide rank-and-file police officer groups generally supporting it and police chief associations opposing it. The Arizona Association of Chiefs of Police criticized the legislation, calling

7488-470: The cornerstone of statutory and regulatory law. They may include in a monarchical system any royal edict, proclamation, or decree setting forth or establishing law as it affects all citizens. In parliamentary or congressional systems, acts passed by a legislature are known as acts of Parliament or acts of Congress . In Hong Kong , acts of the legislature are instead known as "ordinances". A notarial act (or notarial instrument or notarial writing)

7605-569: The culture and the heritage of the ethnic group. Andrea Nill argues that it is only a small portion of Mexicans and Latinos that are undocumented immigrants, but there is a demonization and illogical discrimination of Latino community by giving less respect, rights, and freedoms, whereas white American citizens will never have to worry about being stopped by the police due to their skin color. Act (document) Common types of acts are legislative, judicial, and notarial acts. Legislative acts (fully, acts of statute), or more commonly statutes , are

7722-572: The debate from what the law says." Sánchez' district is in Los Angeles County and Miller's district is in both Los Angeles County and neighboring Orange County . The law has been popular among the Republican Party base electorate; however, several Republicans have opposed aspects of the measure, mostly from those who have represented heavily Hispanic states. These include former Governor of Florida Jeb Bush , former Speaker of

7839-591: The dispute over SB 1070 in an August 2010 report to the Office of the United Nations High Commissioner for Human Rights , as an example to other countries of how fractious issues can be resolved under the rule of law. Governor Brewer demanded that the reference to the law be removed from the report, seeing its inclusion as implying that the law was a violation of human rights and saying that any notion of submitting U.S. laws to U.N. review

7956-410: The early 21st century. As of September 2019, at least 14 states and the District of Columbia offer a third, gender-neutral option beyond "male" and "female" to serve people with nonbinary gender identities . Although many American adults carry their drivers' licenses at all times when they are outside their homes, there is no legal requirement that they must carry their licenses when not operating

8073-469: The federal government needs to do a better job". However, she stopped short of supporting the law itself, saying it "does nothing to secure our border" and that it "stands in direct contradiction to our past and, as a result, threatens our future." Her opposition to the law became one of the issues in her 2010 re-election campaign , in which she narrowly prevailed over her Republican opponent, who supported it. U.S. Secretary of State Hillary Clinton included

8190-608: The governor to veto the bill and the Mexican Embassy to the U.S. raised concerns about potential racial profiling that may result. Citizen messages to Brewer, however, were 3–1 in favor of the law. A Rasmussen Reports poll taken between the House and Senate votes showed wide support for the bill among likely voters in the state, with 70 percent in favor and 23 percent opposed. The same poll showed 53 percent were at least somewhat concerned that actions taken due to

8307-831: The holder's Social Security Number . However, on June 1, 2011, the DOD began phasing out use of the SSN to protect service members' identities. It was replaced with a 10-digit DOD ID Number and a 12-digit Benefits ID Number. Immigration and travel documents such as the Green Card or a visa can be used to prove identity and the right to work in the United States (if applicable) The Immigration and Nationality Act of 1952 added Section 264(e), "Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d). Any alien who fails to comply with

8424-606: The incidence of identity theft, several states have passed laws that require institutions using the SSN to assign their own identifier numbers to individuals, and prohibit them from using the SSN as a primary key . A driver's license is issued by each state's DMV , which is required to drive. Each state's DMV can also issue a state identification card. It does not contain any endorsements to operate vehicles and can be used as official identification where asked for or needed. In addition to verifying driving privileges, drivers' licenses are used to purchase automobile insurance or during

8541-400: The indispensable economic, political and cultural exchanges of the entire border region." The Mexican Foreign Ministry issued a travel advisory for its citizens visiting Arizona, saying "It must be assumed that every Mexican citizen may be harassed and questioned without further cause at any time." In response to these comments, Chris Hawley of USA Today said that "Mexico has a law that

8658-403: The issuer requires proof of legal presence in the United States as a condition of issuance. The Act prohibits state, county, and local officials from limiting or restricting "the enforcement of federal immigration laws to less than the full extent permitted by federal law" and provides that any legal Arizona resident can sue the agencies or officials in question to compel such full enforcement. If

8775-555: The law and civil rights, and on the same day as the signing she issued an executive order requiring additional training for all officers on how to implement SB 1070 without engaging in racial profiling. Ultimately, she said, "We have to trust our law enforcement." (The training materials developed by the Arizona Peace Officer Standards and Training Board were released in June 2010.) Sponsor Pearce called

8892-554: The law and that it would divert necessary law enforcement resources from combating violent criminals. (As governor, Napolitano had consistently vetoed similar legislation throughout her term.) U.S. Attorney General Eric Holder said the federal government was considering several options, including a court challenge based on the law leading to possible civil rights violations. Michael Posner , the Assistant Secretary of State for Democracy, Human Rights, and Labor , brought up

9009-544: The law appealed to religious arguments for support. State Senator Pearce, a devout member of the Church of Jesus Christ of Latter-day Saints , which has a substantial population in Arizona, frequently said that his efforts to push forward this legislation was based on that church's 13 Articles of Faith , one of which instructs in obeying the law. This association caused a backlash against The Church of Jesus Christ of Latter-day Saints and threatened its proselytizing efforts among

9126-495: The law have rejected such criticism, and argued that the law was reasonable, limited, and carefully crafted. Stewart Baker , a former Homeland Security official in the George W. Bush administration , said, "The coverage of this law and the text of the law are a little hard to square. There's nothing in the law that requires cities to stop people without cause, or encourages racial or ethnic profiling by itself." Republican member with

9243-498: The law in discussions with a Chinese delegation to illustrate human rights areas the U.S. needed to improve on. This led McCain and fellow senator from Arizona Jon Kyl to strongly object to any possibly implied comparison of the law to human rights abuses in China . Senior Democratic U.S. Senator Chuck Schumer of New York and Mayor of New York City Michael Bloomberg have criticized the law, with Bloomberg stating that it sends exactly

9360-558: The law in over 70 U.S. cities, including boycotts and calls for boycotts of Arizona. The Act was signed into law by Governor Jan Brewer on April 23, 2010. It was scheduled to go into effect on July 29, 2010, ninety days after the end of the legislative session . Legal challenges over its constitutionality and compliance with civil rights law were filed, including one by the United States Department of Justice , that also asked for an injunction against enforcement of

9477-485: The law's passage "a good day for America." News of the law and the debate around immigration gained national attention, especially on cable news television channels, where topics that attract strong opinions are often given extra airtime. Nevertheless, the legislators were surprised by the reaction it gained. State Representative Michele Reagan reflected three months later: "The majority of us who voted yes on that bill, myself included, did not expect or encourage an outcry from

9594-505: The law, saying that it ran counter to centuries of biblical teachings regarding justice and neighborliness. Other members of the Christian clergy differed on the law. United Methodist Church Bishop Minerva G. Carcaño of Arizona's Desert Southwest Conference opposed it as "unwise, short sighted and mean spirited" and led a mission of prominent religious figures to Washington to lobby for comprehensive immigration reform. But others stressed

9711-417: The law. Former Alaska governor and vice-presidential candidate Sarah Palin accused the party in power of being willing to "criticize bills (and divide the country with ensuing rhetoric) without actually reading them." Governor Brewer's election campaign issued a video featuring a frog hand puppet that sang "reading helps you know what you're talkin' 'bout" and urged viewers to fully read the law. In reaction to

9828-403: The law. The day before the law was to take effect, federal judge Susan R. Bolton issued a preliminary injunction that blocked the law's most controversial provisions. In June 2012, the U.S. Supreme Court ruled on the case Arizona v. United States , upholding the provision requiring immigration status checks during law enforcement stops but striking down three other provisions as violations of

9945-426: The legislation says it embodies an "attrition through enforcement" doctrine. Critics of the legislation say it encourages racial profiling , while supporters say the law prohibits the use of race as the sole basis for investigating immigration status. The law was amended by Arizona House Bill 2162 within a week of its signing, with the goal of addressing some of these concerns. There have been protests in opposition to

10062-530: The legislation was "an unconstitutional and costly measure that will violate the civil rights of all Arizonans." Mayor Chris Coleman of Saint Paul, Minnesota , labeled it as "draconian" as did Democratic Texas House of Representatives member Garnet Coleman . Edwin Kneedler, the U.S. Deputy Solicitor General, also criticized the legislation for its potential infringement on the civil liberties of Arizona's citizens and lawful permanent residents. Proponents with

10179-483: The measures in the bill would violate the civil rights of some American citizens. Brewer's staff said that she was considering the legal issues, the impact on the state's business, and the feelings of the citizens in coming to her decision. They added that "she agonizes over these things," and the governor also prayed over the matter. Brewer's political allies said her decision would cause political trouble no matter what she decided. Most observers expected that she would sign

10296-557: The national identity card as the mark of a totalitarian society. The most common national photo identity documents are the passport and passport card , which are issued by the U.S. Department of State to U.S. nationals only upon voluntary application. Issuance of these documents is discretionary - that is, for various reasons, the State Department can refuse an application for a passport or passport card. More recently, various trusted traveler programs have been opened to

10413-498: The nearest U.S. embassy or consulate. If the embassy or consulate determines the child acquired citizenship at birth, it issues a Consular Report of Birth Abroad, also known as Form FS-240. A birth certificate will also be issued locally in the country where the child was born. The consular report is proof of U.S. citizenship and may be used to obtain a passport for the child and register the child for school, among other purposes. The Social Security number (SSN) and card are issued by

10530-436: The notary. Public-form acts include all contracts and governing instruments (e.g. conveyance, will, trust, power of attorney, gift). Traditionally, in civil-law countries, the preliminary drafts, called "minutes" (formerly protocols ; Fr minute , Du minuut , It minuta , Ger Urschrift , Sp escritura matriz ), are jotted in legal shorthand and record only the particulars. Their date, appearer, venue, and subject are logged in

10647-478: The number of pages, a description of the document, its title, and any other distinguishing features in order to prevent pages from being added or removed. If affixed, short form certificates may also be embossed with a seal half on the certificate and half on the rest of the page. Notarial certificates come in full forms or short forms. A full form includes preamble information like the date, venue, appearer's appearance, proof of identification, and so forth, as well as

10764-399: The person who brings suit prevails, that person may be entitled to reimbursement of court costs and reasonable attorney fees. The Act makes it a crime for anyone, regardless of citizenship or immigration status, to hire or to be hired from a vehicle which "blocks or impedes the normal movement of traffic." Vehicles used in such manner are subject to mandatory immobilization or impoundment. For

10881-470: The powers entrusted to the notary by law, it is non-official. In most common-law countries, multiple-page acts are bound together using a sewn or knotted ribbon (referred to as silk), the ends of which are secured by a wafer impressed with the notary's seal. This is called annexing or annexure. The first category is known as an "act in public form" (Fr act en minute , Du minuutakte , It atto conservato , Ger urschriftliche Urkunde , Sp acta protocolar ), and

10998-545: The principal attestation. A short form usually only includes the venue, date, and "attestation clause". Both are then ended with a "testimonium clause". Identity documents in the United States In the United States , identity documents are typically the regional state -issued driver's license or identity card , while also the Social Security card (or just the Social Security number ) and

11115-593: The problem of unlawful immigration. Governor Brewer and President Obama met at the White House in early June 2010 to discuss immigration and border security issues in the wake of SB 1070; the meeting was termed pleasant, but brought about little change in the participants' stances. Secretary of Homeland Security and former Arizona governor Janet Napolitano testified before the Senate Judiciary Committee that she had "deep concerns" about

11232-420: The provisions of the bill "problematic" and expressing that it will negatively affect the ability of law enforcement agencies across the state to fulfill their many responsibilities in a timely manner. Additionally, some officers have repeated the past concern that undocumented immigrants may come to fear the police and not contact them in situations of emergency or in instances where they have valuable knowledge of

11349-455: The provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $ 100 or be imprisoned not more than thirty days, or both." Citing case laws , reliable authors, incl. those at American Jurisprudence , have written that there are probable causes to arrest immigrant who fails to produce the documentation by U.S. Immigration and Customs Enforcement unless proven otherwise. In

11466-418: The public in the United States, including TSA Precheck , SENTRI , NEXUS , FAST ( Free and Secure Trade ), and Global Entry . With the exception of TSA Precheck, which provides a unique “ Known Traveler Number ”, these programs provide photo IDs issued by the Department of Homeland Security and are considered national photo IDs. The driver's license , which is issued by each individual state, operates as

11583-545: The public. The majority of us just voted for it because we thought we could try to fix the problem. Nobody envisioned boycotts. Nobody anticipated the emotion, the prayer vigils. The attitude was: These are the laws, let's start following them." State Representative Kyrsten Sinema , the assistant House minority leader (and current U.S. Senator) tried to stop the bill and voted against it. She similarly reflected: "I knew it would be bad, but no one thought it would be this big. No one." The immigration issue also gained center stage in

11700-666: The question, President Obama told a group of Republican senators that he had in fact read the law. Democrat Linda Sánchez , U.S. Representative from California's 39th congressional district , has claimed that white supremacy groups are in part to blame for the law's passage, saying, "There's a concerted effort behind promoting these kinds of laws on a state-by-state basis by people who have ties to white supremacy groups. It's been documented. It's not mainstream politics." Republican Representative Gary Miller , from California's 42nd congressional district , called her remarks "an outrageous accusation [and a] red herring. [She's] trying to change

11817-533: The re-election campaign of Republican U.S. Senator from Arizona John McCain , who had been a past champion of federal immigration reform measures such as the Comprehensive Immigration Reform Act of 2007 . Also faced with a primary battle against the more conservative J. D. Hayworth , who had made legislation against unlawful immigration a central theme of his candidacy, McCain supported SB 1070 only hours before its passage in

11934-418: The reputation as America's worst city in that regard. Arizona has a history of restricting illegal immigration. In 2007, legislation imposed heavy sanctions on employers hiring undocumented workers. Measures similar to SB 1070 had been passed by the legislature in 2006 and 2008, only to be vetoed by Democratic Governor Janet Napolitano . She was subsequently appointed as Secretary of Homeland Security in

12051-438: The right way." As one of the main drafters of the law, Kobach has stated that the way the law has been written makes any form of racial profiling unlawful. In particular, Kobach references the phrase in the law that directly states that officers "may not solely consider race, color, or national origin." Kobach also disagrees that the "reasonable suspicion" clause of the bill specifically allows for racial profiling, replying that

12168-447: The same force and effect as proof of United States nationality as certificates of naturalization or of citizenship, if issued to a U.S. citizen for the full period allowed by law. The main purpose of the U.S. passport card is to provide a more convenient wallet-sized identity and travel document for citizens who want to carry an official federal ID and for those who live near a land border. It can be used for land and sea travel between

12285-399: The six Mexican states belonging to the conference vowed to boycott it in protest of the law, saying SB 1070 is "based on ethnic and cultural prejudice contrary to fundamental rights," and Brewer said in response that she was canceling the gathering. Governors Bill Richardson of New Mexico and Arnold Schwarzenegger of California, U.S. border governors who oppose the law, supported moving

12402-431: The state opposed SB 1070. In the United States, supporters and opponents of the bill have roughly followed party lines, with most Democrats opposing the bill and most Republicans supporting it. The bill was criticized by President Barack Obama who called it "misguided" and said it would "undermine basic notions of fairness that we cherish as Americans, as well as the trust between police and our communities that

12519-627: The term "reasonable suspicion" has been used in other laws prior and therefore has "legal precedent". However, there are ongoing arguments in legal journal articles that racial profiling does exist and threatens human security , particularly community security of the Mexicans living in the United States. India Williams argues that the Border Patrol is very likely to stop anyone if a suspect resembles "Mexican appearance" and states that such generalization of unchangeable physical features threatens

12636-442: The workplace. Although there are varying degrees of acceptance, government workplace identification is generally seen as more trustworthy than workplace identification from a private company. A notable example is the Department of Defense's Common Access Card , which functions as the military's primary ID card. There are a variety of secondary documents used to establish identity. However, these documents are typically not accepted as

12753-501: The wrong message to international companies and travelers. In testimony before the Senate Homeland Security Committee , McCain drew out that Napolitano had made her remarks before having actually read the law. Holder also acknowledged that he had not read the statute. The admissions by the two cabinet secretaries that they had not yet read SB 1070 became an enduring criticism of the reaction against

12870-714: Was "internationalism run amok". Mexican President Felipe Calderón 's office said that "the Mexican government condemns the approval of the law [and] the criminalization of migration." President Calderón also characterized the new law as a "violation of human rights". Calderón repeated his criticism during a subsequent state visit to the White House. The measure was also strongly criticized by Mexican health minister José Ángel Córdova , former education minister Josefina Vázquez Mota , and Governor of Baja California José Guadalupe Osuna Millán , with Osuna saying it "could disrupt

12987-499: Was "reasonable suspicion" the people were illegal immigrants, and arresting those people if they could not prove they were legally in the United States. A nationwide The New York Times / CBS News poll found similar results to the others, with 51 percent of respondents saying the Arizona law was "about right" in its approach to the problem of illegal immigration, 36 percent saying it went too far, and 9 percent saying it did not go far enough. Another CBS News poll, conducted

13104-453: Was attributed to demographics shifting towards a larger Hispanic population, increased drugs and human smuggling related violence in Mexico and Arizona, and a struggling state economy and economic anxiety during the late-2000s recession . State residents were frustrated by the lack of federal progress on immigration, which they viewed as even more disappointing given that Napolitano had joined

13221-475: Was doing fence work on his large ranch roughly 19 miles (31 km) from the Mexican border . This incident gave a tangible public face to fears about immigration-related crime. Arizona police were unable to name a murder suspect but traced a set of footprints from the crime scene south towards the border. The resulting speculation that the killer was an illegal immigrant increased public support for SB 1070. There

13338-458: Was hailed by Joe Arpaio , Sheriff of Maricopa County, Arizona – known for his tough crackdowns on undocumented immigration within his own jurisdiction – who hoped the measure would cause the federal action to seal the border. Arpaio said, "I think they'll be afraid that other states will follow this new law that's now been passed." Activists within the church were present on both sides of the immigration debate, and both proponents and opponents of

13455-408: Was so limited, Social Security cards were not designed with the rigorous security measures typically expected of identity documents. They do not have a photograph or physical description of the bearer, nor are they required to be renewed. Therefore, the Social Security card is not usually considered proof of identity, only proof that the person named on the card holds the number indicated on the card. It

13572-599: Was talk of naming the law after Krentz. Some state legislators (both for and against the law) believed, however, that the impact of the Krentz killing has been overstated as a factor in the law's passage. The bill, with several amendments, passed the Arizona House of Representatives on April 13 by a 35–21 party-line vote. The revised measure then passed the State Senate on April 19 by a 17–11 vote that also closely followed party lines, with all but one Republican voting for

13689-469: Was the first state to enact such far-reaching legislation. Prior law in Arizona, like most other states, did not require law enforcement personnel to ask the immigration status of people they encountered. Many police departments discourage such inquiries to avoid deterring immigrants from reporting crimes and cooperating in other investigations. Arizona had an estimated 460,000 illegal immigrants in April 2010,

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