ACLU Committed to Fighting “Show Me Your Papers” Laws
FOR IMMEDIATE RELEASE
June 25, 2012
CONTACT: Hedy Weinberg, ACLU-TN Executive Director, 615-320-7142
NASHVILLE - Today’s Supreme Court ruling on S.B. 1070 represents a strong rebuke to Arizona lawmakers who involved their state in immigration enforcement. The decision should be viewed as a warning to policymakers in Tennessee considering whether to embroil the state in this divisive issue, said Hedy Weinberg, executive director of the ACLU of Tennessee.
The court struck down three of the four Arizona provisions considered on the grounds that states do not have the authority to regulate immigration and it expressed concerns that even the fourth provision it considered, the controversial “show me your papers” requirement that mandates police determine the immigration status of someone arrested or detained if they have a “reasonable suspicion” that person is not in the country legally, might well be impossible to enforce without violating federal law.
“Today’s decision is not the last word on ‘show me your papers’ type laws and it is certainly not a green light to create an Arizona-style copycat bill here in Tennessee. We know these laws are impossible to implement without relying on racial profiling, which the court strongly suggested could lead to such provisions being struck down,” Weinberg explained. “Tennessee is not Arizona and we remain committed to fighting any ‘show me your papers’ bills that surface here.”
Tennesseans are rejecting Arizona’s controversial approach because it would take a financial and emotional toll on the state, harming citizens and non-citizens alike. A bill introduced in the 107th Tennessee General Assembly would have required all law enforcement officials to question the immigration status of any person they stop, regardless of whether the person is actually charged with breaking a law. However, after widespread opposition from clergy, business leaders, and civil liberties and immigration advocates, as well as concerns from the governor, it failed to move forward.
Indeed, more than 60 percent of Tennesseans favor giving undocumented immigrants a path to citizenship rather than arresting them and forcing them to leave, according to a January 2011 statewide poll by Vanderbilt University.
“Show me your papers laws” have a corrosive effect on communities. They encourage racial profiling by requiring law enforcement to identify “foreign” people, which inevitably leads to racial or ethnic profiling based on names, skin color, accents or dress. Such practices ultimately undermine police work and jeopardize public safety by making victims and witnesses afraid to report crimes.
Such laws also exact a heavy financial toll, devastating local economies. Alabama’s economy may have suffered a hit of as much as $6.5 billion as a result of its law, according to a University of Alabama study. Arizona saw a drop in sales tax revenue and a jump in the unemployment rate when S.B. 1070 first became law in 2010. Farmers have seen their crops rot and are planting less because the workers they have relied on for decades have fled in fear.
Passage of similar legislation in Tennessee would have increased state and local expenditures by nearly $5 million in the first year alone, according to the bill’s fiscal note. This does not include economic damage from the state being perceived as hostile, such as lost revenue from individuals fleeing the state. Latino Tennesseans’ purchasing power totaled $6.1 billion in 2010, according to an Immigration Policy Center report. Other potential costs include lost revenue from tourists choosing not to travel here and businesses choosing not to relocate here, and legal fees from defending such legislation against lawsuits.
“Laws like S.B. 1070 challenge our core American values of equal justice and freedom from discrimination,” Weinberg said. “Anti-immigrant laws modeled after Arizona’s SB 1070 are proving to be a failed experiment that we cannot afford to repeat in Tennessee.”
In light of today’s decision, ACLU-TN will continue to provide “Know Your Rights” information to immigrants and their advocates to ensure that they understand the justice system and the safeguards it offers, regardless of SB 1070. ACLU-TN’s online immigration resource center, in Spanish and English, can be found at https://www.aclu-tn.org/aclu-tns-immigrant-rights-resource-center/.
In response to the ruling, which was anticipated, the national ACLU has amassed an $8.77 million war chest to mount an aggressive response against these laws. It will help underwrite litigation against these measures, lobbying efforts and public education programs. The goal is to beat back laws that encourage racial profiling, undermine local law enforcement and sow a climate of fear that pits neighbor against neighbor.
For an infographic about today’s decision and more information, go to: www.aclu.org/sb1070.
Know Your Rights Videos
To watch a two-minute public service announcement about your rights in light of today’s Supreme Court decision on Arizona’s anti-immigrant law, SB 1070:
English video: http://youtu.be/2JTzeukZJrE
Spanish video: http://youtu.be/hmkOPOWZ1Uo
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