On November 5th Support the Citizen Initiative-
TUCSON FAMILIES FREE & TOGETHER
As November 5th 2019 general elections near its important to give Tucson citizens information to help them make informed decisions. This November Ballot includes Tucson Families Free & Together a citizens initiative that would designate Tucson Arizonas first sanctuary city. In 2012 Tucson became a Welcoming Immigrant City after a 6-1 vote by the city council to reject many of the provisions of SB 1070. SB 1070 is considered one of the strictest state anti-immigration enforcement laws. Although some of its provisions, sections 2,3 5 and 6 were ruled preempted by federal law in Arizona v. United States, 567 U.S. 387 (2012), the remaining provisions stand. One of the selling points of the bill was that it would reduce crime rates. The bills intent was to assist law enforcement in finding those who are in country illegally, not to curb crime. To date there is no evidence that SB-1070 has contributed to the reduction of crime rates in AZ. Some of the same arguments used in support of SB 1070 are now being used to sway voters in this citizens initiative.
What will a yes vote mean?
Pima County, Arizona Ballot Measures states that a yes vote would result in: City Code Declaration of Tucson as a Sanctuary City, Restrictions for law enforcement from actions to determine a persons immigration status under certain conditions, prohibiting officers from contacting federal law enforcement agencies to determine a persons immigration status and prohibiting city employees from inquiring about a persons immigration status.
What will a no vote mean?
A vote of no would be a vote against declaring in the city code that Tucson is a sanctuary city and the restrictions of police officers regarding the determination of immigration status.
Common Questions Answered
Peoples Defense Initiative website, https://www.peoplesdefenseinitiative.org gives clear answers for common questions regarding Sanctuary Cities.
What is the difference between Immigrant Welcoming City and Sanctuary City? However good intentioned, the designation of Tucson as Welcoming Immigrant City status does nothing to prevent the detainment and removal of immigrants as it is only a statement of support. Will it violate SB 1070? Many of SB 1070 provisions have been challenged and struck down in court. The ordinance would not prevent TPD officers from doing anything that they are required to do under state law. The ordinance is designed to introduce clear rules and transparency measures whenever state law requires a local officer to get involved in federal immigration matters. It does not hamper an officers ability to determine the immigration status of those individuals specified by SB 1070. It also does not violate Proposition 300. Proposition 300 is the statewide proposition approved by Arizona voters in 2006. It limits certain state services to those who are U.S. citizens or who possess lawful immigration status. This prevents undocumented immigrants from paying in-state college tuition at state universities and community colleges, even if they have lived in Arizona for most of their lives. Sanctuary city status does not conflict with Prop 300.
Does it violate federal law or provide undocumented immigrants with a lawful pathway to citizenship? No This ordinance does not violate that provision for at least two reasons according to Peoples Defense Initiative.
1.The ordinance would prohibit TPD officers from asking people about immigration status in many instances, but it would not prohibit an officer from sharing such information with federal authorities in the event an officer obtains such information. In other words, it would limit how and when a TPD officer can acquire immigration status information; it would not restrict the officers sharing of that information in the limited circumstances when an officer is required to ask for it.
2.As recently as November, 2018, federal courts have determined that this federal law violates the United States Constitution. So even if a judge were to find this ordinance in violation of Section 1373, local judges in Arizona are likely to come to the same conclusion as other judges: that the federal law itself is illegal. A local law cannot be said to violate a federal law if the federal law is itself illegal. Peoples Defense Initiative 2019
Immigration is a matter of federal law. Families Free and Together would alter how local officials communicate with and collaborate with federal immigration officials. The local ordinance would not create a new path to citizenship. Only Congress can do that. Contacting your congressional representative is recommended. The ordinance will not increase taxes or interfere with federal funding. It will not interfere with TPD ability to investigate crimes or influence increased leniency for undocumented individuals accused of a crime as compared to US citizens.
Lets make Tucson the first Sanctuary City in Arizona. With these important questions answered, you can make a difference in keeping families in Tucson safe and together while we work toward comprehensive immigration reform.
Kim Jordan MSCIS MSW graduate student-Worden School of Social Work
Our Lady of the Lake University San Antonio Texas
Recent Comments
TUCSON FAMILIES FREE & TOGETHER
As November 5th 2019 general elections near its important to give Tucson citizens information to help them make informed decisions. This November Ballot includes Tucson Families Free & Together a citizens initiative that would designate Tucson Arizonas first sanctuary city. In 2012 Tucson became a Welcoming Immigrant City after a 6-1 vote by the city council to reject many of the provisions of SB 1070. SB 1070 is considered one of the strictest state anti-immigration enforcement laws. Although some of its provisions, sections 2,3 5 and 6 were ruled preempted by federal law in Arizona v. United States, 567 U.S. 387 (2012), the remaining provisions stand. One of the selling points of the bill was that it would reduce crime rates. The bills intent was to assist law enforcement in finding those who are in country illegally, not to curb crime. To date there is no evidence that SB-1070 has contributed to the reduction of crime rates in AZ. Some of the same arguments used in support of SB 1070 are now being used to sway voters in this citizens initiative.
What will a yes vote mean?
Pima County, Arizona Ballot Measures states that a yes vote would result in: City Code Declaration of Tucson as a Sanctuary City, Restrictions for law enforcement from actions to determine a persons immigration status under certain conditions, prohibiting officers from contacting federal law enforcement agencies to determine a persons immigration status and prohibiting city employees from inquiring about a persons immigration status.
What will a no vote mean?
A vote of no would be a vote against declaring in the city code that Tucson is a sanctuary city and the restrictions of police officers regarding the determination of immigration status.
Common Questions Answered
Peoples Defense Initiative website, https://www.peoplesdefenseinitiative.org gives clear answers for common questions regarding Sanctuary Cities.
What is the difference between Immigrant Welcoming City and Sanctuary City? However good intentioned, the designation of Tucson as Welcoming Immigrant City status does nothing to prevent the detainment and removal of immigrants as it is only a statement of support. Will it violate SB 1070? Many of SB 1070 provisions have been challenged and struck down in court. The ordinance would not prevent TPD officers from doing anything that they are required to do under state law. The ordinance is designed to introduce clear rules and transparency measures whenever state law requires a local officer to get involved in federal immigration matters. It does not hamper an officers ability to determine the immigration status of those individuals specified by SB 1070. It also does not violate Proposition 300. Proposition 300 is the statewide proposition approved by Arizona voters in 2006. It limits certain state services to those who are U.S. citizens or who possess lawful immigration status. This prevents undocumented immigrants from paying in-state college tuition at state universities and community colleges, even if they have lived in Arizona for most of their lives. Sanctuary city status does not conflict with Prop 300.
Does it violate federal law or provide undocumented immigrants with a lawful pathway to citizenship? No This ordinance does not violate that provision for at least two reasons according to Peoples Defense Initiative.
1.The ordinance would prohibit TPD officers from asking people about immigration status in many instances, but it would not prohibit an officer from sharing such information with federal authorities in the event an officer obtains such information. In other words, it would limit how and when a TPD officer can acquire immigration status information; it would not restrict the officers sharing of that information in the limited circumstances when an officer is required to ask for it.
2.As recently as November, 2018, federal courts have determined that this federal law violates the United States Constitution. So even if a judge were to find this ordinance in violation of Section 1373, local judges in Arizona are likely to come to the same conclusion as other judges: that the federal law itself is illegal. A local law cannot be said to violate a federal law if the federal law is itself illegal. Peoples Defense Initiative 2019
Immigration is a matter of federal law. Families Free and Together would alter how local officials communicate with and collaborate with federal immigration officials. The local ordinance would not create a new path to citizenship. Only Congress can do that. Contacting your congressional representative is recommended. The ordinance will not increase taxes or interfere with federal funding. It will not interfere with TPD ability to investigate crimes or influence increased leniency for undocumented individuals accused of a crime as compared to US citizens.
Lets make Tucson the first Sanctuary City in Arizona. With these important questions answered, you can make a difference in keeping families in Tucson safe and together while we work toward comprehensive immigration reform.
Kim Jordan MSCIS MSW graduate student-Worden School of Social Work
Our Lady of the Lake University San Antonio Texas