Em Dickey is an intern for the Break The Chain Campaign at the Institute for Policy Studies.The Supreme Court split decision on Arizona’s controversial SB 1070 law came just 10 days after President Obama’s memo expanding prosecutorial discretion and granted immediate deferred status to all DREAM Act eligible youth. While both announcements deserve to be celebrated in light of the tenacious and courageous organizing that precipitated them, they are not lasting solutions.
Four provisions of SB 1070 were in question: Section 3, which would make it a state crime for immigrants to fail to carry federal registration papers; Section 5(C) which would make it a state crime to work in Arizona as an undocumented person; Section 6, which would give police the authority to make warrantless arrests of individuals suspected to be undocumented; and Section 2(B), which would require Arizona law enforcement to verify the citizenship of any individual they stop if they appear to be undocumented.
Of these provisions, all were struck down but Section 2(B), the notorious “show me your papers” section of the law.
The Supreme Court’s decision was based on an argument about whether or not the state of Arizona has the right to create its own immigration enforcement rules. The case did not address civil rights’ violations or racial profiling. In fact Solicitor General Donald Verrilli (representing the U.S. government), “unequivocally admitted in response to questioning from the Justices that racial profiling was not at issue in the case.”
So, let’s name the elephant in the room. Racism is and has always been an issue in Arizona. SB 1070 is steeped in, produced by, and serves to perpetuate racism. From the beginning, racism has been shaping America, when the first immigrants (read: pilgrims) arrived and stole the land from the Native peoples who lived here and still live here. In fact, many Native people in Arizona are harassed and humiliated in the name of SB 1070’s “show me your papers” provision by police officers whose ancestors were themselves this land’s original “illegal aliens.”
So what is the result of this case neatly sidestepping the issue that is creating a real civil and human rights crisis for real people in Arizona right now? What impact, if any, will the Supreme Court’s decision have on people living in Arizona?