The University of San Francisco USF Scholarship: a digital repository @ Gleeson Library | Geschke Center Master's Theses Theses, Dissertations, Capstones and Projects Winter 12-14-2012 Arizona’s Senate Bill 1070: A Case Study on State- Sponsored Immigration Policy Ryan Murphy [email protected] Follow this and additional works at: https://repository.usfca.edu/thes Part of the American Politics Commons, Chicana/o Studies Commons, Civil Rights and Discrimination Commons, Constitutional Law Commons, Courts Commons, Human Rights Law Commons, Immigration Law Commons, Latin American Languages and Societies Commons, Latin American Studies Commons, Law and Politics Commons, Law and Society Commons, and the Public Affairs Commons Recommended Citation Murphy, Ryan, "Arizona’s Senate Bill 1070: A Case Study on State-Sponsored Immigration Policy" (2012). Master's Theses. 48. https://repository.usfca.edu/thes/48 This Thesis is brought to you for free and open access by the Theses, Dissertations, Capstones and Projects at USF Scholarship: a digital repository @ Gleeson Library | Geschke Center. It has been accepted for inclusion in Master's Theses by an authorized administrator of USF Scholarship: a digital repository @ Gleeson Library | Geschke Center. For more information, please contact [email protected]. Arizona’s Senate Bill 1070: A Case Study for State-Sponsored Immigration Policy Graduate Thesis in the Masters of Art in International Studies This study assesses the origins of Arizona’s state -sponsored immigration policy. It attempts to identify the social dynamics within Arizona that contributed to the overwhelming public support for SB 1070. Since it has been two years after the law was passed, this analysis determines what impact the law has had thus far within the state. Finally, it postulates the future of Arizona’s immigration policy. Table of Content Chapter 1: Introduction ………………………………………………………………………………....…...……1-6 Chapter 2: Literature Review …………………………………………………………………………………….6-43 Historical Background: The U.S. Immigration Policy……………………….………….…………….6-20 Historical Background: The Arizona Immigration Policy…………………….………………….…..20-25 Understanding Why Unauthorized Immigration Occurs………………………………………...…...25-31 Theoretical Explanation for Arizona’s SB 1070……………………………….………………...……31-43 Chapter 3: Methodology of Field Research ……………………………………………………………………43-49 Introduction……………………………………………………………………………………………43-44 Setting……………………………………………………….…………………………………………44-45 Sample/Participants………………………………………….……………………………………...…45-46 Materials …………………………………………………….…………………………………………….46 Measurement Instruments…………………………………….……………………………………..…46-49 Chapter 4: Findings …………………………………………………………………………………………….49-115 4.1: The Legal Process Through Federal Court……………………………………………………..…50-53 4.2: SB 1070 According to Arizona Government Officials……………………………………….…..53-80 Governor Jan Brewer………………………………………………………………………….…54-57 Former State Senator Russell Pearce…………………………………………………………….57-60 Arizona Legislature……………………………………………………………………...………60-71 Conservative Republicans…………………………………..…………………...…..……61-63 Moderate Republicans………………………………………………………….…………63-66 Democrats…………………………………………………………………………………66-71 Local Government Response……………………………………….……………………………71-74 Law Enforcement Response…………………………………………………..…………………74-80 4.3: The Influence of Civil Society in the Origins and Future of SB 1070……………………………81-94 Opponents of SB 1070: Valle Del Sol v. Whiting……………………………...……………...…81-86 Civil Society Rejection of SB 1070……… .…………………...……………………………...…86-89 Civil Society in Support of SB 1070………………...……………………………………………89-94 1 4.4: The Societal Effects of SB 1070 in Arizona………………………………………………………95-115 Education and Family Structure…………………………………………………………………..99-101 Cost of Unauthorized Immigration…………………………………...…………….....................102-103 Crime Associated with Unauthorized Immigration…………………...……………....…………103-106 Unauthorized Immigrants in the Job Market…………………………...…..……………………106-108 The Unintended Economic Impact of SB 1070…………………………...………………..……108-111 The Unintended Bi-National Ramifications of SB 1070……………….…...……………...……111-113 The Unintended Legal Aspect of SB 1070…………………………………...………….………113-115 Chapter 5: Conclusion ……………………………………………………………………………………………..115 Blowback to Federal Immigration System………………………………………………….……115-118 The Role of Demographics……………………………………………………………...………..118-121 Identity Theories………………………………………………………………………………….121-128 What is the Future of SB 1070……………………………………………………………...……128-130 Appendix 1) SB 1070: Support Our Law Enforcement and Safe Neighborhoods Act (p. 2)………………...…….131-148 2) United States Border Patrol: Southwest Sectors (p. 13) ………………………………………………….149 3) Supreme Court Ruling (p. 50)…………………………………………………………….…………..150-222 4) Governor Jan Brewer’s Press Release (p. 54)……………………………………………………………..223 5) Governor Jan Brewer’s Executive Order (p. 56)……………………………………………………...224-226 6) SB 1218: Immigration; Law Enforcement; Repeal (p. 67) …………………………………………..227-237 7) The Declaration of Robert Villasenor (p. 75)……………………………………………………..…..238-245 8) Valle Del Sol et. al. v. Whiting: Plaintiffs’ Proposed Motion for Preliminary Injunction and Memorandum of Point and Authorities in Support (p. 82)…………………………...………………246-251 9) Arizona Accord (p. 87) ………………………………………………………………………….……252-254 10) Trade Between States and Mexico (p. 112) …………………………………………………………….…255 2 Acknowledgements I dedicate this Master’s Thesis, first and foremost to everyone who works tirelessly for comprehensive immigration reform. A federal solution is the only plausible way to resolve the ineffective immigration system. If Congress took on the initiative to truly address this issue, millions of unauthorized immigrants could come out of the shadows of society and contribute even more to our fantastic country. Hundreds would be spared horrific deaths crossing through the Arizona desert. National security would be strengthened because border enforcement could focus solely on narcotics and criminals. Finally, our economy would flourish with access to sufficient visas for temporary workers. My passions and convictions for social justice, I owe to my two fantastic parents. I care about this topic, because I identify with the humanity of unauthorized immigrants. An unauthorized immigrant’s devotion to their loved ones, reminds me of my parents hard work and sacrifice they made for my family. Mom and Dad, you have been and will always be my inspiration. Additionally, I want to express my gratitude to my younger brother. Your support means a lot and it has helped me complete this project. To my girlfriend Liz, thanks so much for your love. It was hard being away from you for two months to conduct this research. I was only able to do it with your encouragement and understanding. I attempted to fairly analysis Senate Bill 1070, so to encapsulate what is currently happening in Arizona. I want to thank everyone who met with me and discussed their opinions of the law. None of this would have been possible without your contributions. Furthermore, I am internally grateful for every organization that assisted me the two months I worked in the state. Thank you to the Kino Border Initiative, the Santa Cruz Community Foundation, No More Deaths, the Samaritans, the Centro Communidad de DeiJuven, and the Fundacion del Empresariado Sonorense, A.C. I owe a debt of gratitude to my academic advisors on this project. Professor Anne Bartlett, this last year and a half, you have pushed me to always achieve my best. Thank you for your assistance and contributions. Professor Jose Palafox, I picked this topic and began the outline of my investigation with your support. I am grateful to you both. Finally, thanks to Mike Duffy, Kique Bazan, and every contributing member to the Kino Border Initiative Group at the University of San Francisco. Your support and encouragement meant a great deal to me. 3 Chapter 1: Introduction From an early age, Americans are taught that their country is the world’s melting pot of cultures, identities and religions. This widely accepted portrayal of the United States implies that every group in society is fairly represented and has the same rights, privileges and opportunities to achieve the American Dream. Unfortunately, the reality is more complex. Throughout the history of the United States, there has been a perpetual struggle for true equality. The better established groups in society have perceived the inclusion of newer nationalities, ethnicities and religious communities, as potentially divisive. This flaw dates back to the beginning of the United States, when immigrants from certain European countries, such as the Irish-Catholics, were despised as invaders and deemed to be morally corrupt. The status of Irish-Catholic immigrants and ethnically Irish-Catholic Americans in the country did not improve until another group was viewed as a greater threat to American values. It was the Civil War and the liberation of African-American slaves that made the Irish-Catholics no longer a vilified demographic. In comparison to African-Americans, the Irish have since been considered the same white race as the elites and ruling class. 1 Therefore, Irish-Catholic Americans are now equally entitled to the same opportunities as descendants of English- Protestants. 2 Although the United States has come a long way in creating equal opportunity, this cycle of discrimination continues to exist. Regrettably, minorities, including African-Americans and recent immigrant groups, mainly Latinos,