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Jeanfromfillmore
04-17-2010, 12:40 PM
AG calls new immigration legislation 'troubling'
PHOENIX -- Attorney General Terry Goddard said anti-immigrant legislation awaiting final Senate action is "troubling.'

Goddard, speaking after a Thursday press conference announcing a raid on companies that shuttle illegal immigrants, also said SB 1070 may have "civil rights implications,' what with provisions that could be seen as an excuse to stop and question Hispanics.

But Goddard, a Democratic contender for governor, stopped short of saying the measure is illegal, either because of the civil rights issues or the possibility that it may intrude on the exclusive right of the federal government to deal with immigration.

He pointed out the current version of the measure, approved earlier this week by the House, still has to get final Senate approval before going to Gov. Jan Brewer. Goddard said there was some possibility it could change.

But Sen. Russell Pearce, R-Mesa, said he already has 17 votes lined up to approve the measure when it comes to the Senate floor, perhaps as early as Monday. And Pearce lashed out at Goddard, saying he's not only wrong on the law but is "pandering' to his Democratic base.

One provision which has caused some concern would make it a state crime to be an illegal immigrant and not have an "alien registration document,' something which, by definition, anyone in this country illegally would not have.

That is coupled with another section which requires police to make a reasonable attempt "when practicable, to determine the immigration status' of any person with whom they have "any lawful contact.' Those, taken together, have led to questions of whether it will lead to racial profiling and harassment of Hispanics who are U.S. citizens but aren't carrying any sort of acceptable proof.

Pearce said those fears are unwarranted. He pointed out that the legislation precludes police from considering race, color or national origin as the sole factor in checking identification.

That doesn't mean it can't be considered.

"Ninety percent of the illegal aliens in Arizona come from south of the border,' Pearce said. "So it certainly may be a factor.'

And Pearce said the bill requires a "lawful contact' in the first place, not just stopping people because they look like illegal immigrants.

Goddard said his concerns go beyond legal questions about SB 1070. He said he just returned from an economic development trip to Washington.

"One of the major questions we got there was, 'What's Arizona doing with these local efforts to take over federal law?' ' Goddard said.

"That's troubling to the investment community,' he continued. "So I think we need to be very conscious of what this can do to our image as a state across the country.'

Pearce said Goddard's position is not surprising, given that he opposed Proposition 200 in 2004 to require people to provide proof of citizenship before registering to vote and to bring identification to the polls. The initiative passed by a large margin anyway.

He said if Goddard doesn't like the efforts to crack down on illegal immigration he should go to another state "which is more friendly to his friends, the illegal aliens.'

"Tell him he ought to not pander too hard for them because they can't vote, thanks to Prop 200,' Pearce added.

John Morton, an assistant Homeland Security secretary in charge of Immigration and Customs Enforcement, who conducted Thursday's press conference, refused to comment on the proposed law. But he said the debate over SB 1070 "reflects the underlying need for comprehensive immigration reform.'

"It makes more sense than a patchwork of state laws addressing immigration,' Morton said.

Pearce said what's being considered by the administration amounts to "amnesty' because it would allow those who entered the country illegally to remain. Morton acknowledged one elements would be a "fair way for long-term illegal residents to address their status' but denied it would amount to amnesty.

Dennis Burke, the assistant U.S. Attorney for Arizona, also would not comment on SB 1070. But Burke, who served as a top aide to Janet Napolitano when she was Arizona governor -- and when she vetoed prior bills to let local officials go after illegal immigrants -- said bills like this "reflect a frustration they have at the state level as to what they can be doing because of the magnitude of this problem and the fact we haven't had immigration reform in this country.'

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