June 30, 2010 — In response to civil liberties threats caused by the recent passage of Arizona’s racial profiling law, the New York Civil Liberties Union issued a travel alert today informing New Yorkers of their rights when stopped by law enforcement when traveling in Arizona. The unconstitutional law, known as SB 1070, requires law enforcement agents to demand "papers" from people they stop who they suspect are not authorized to be in the U.S. If individuals are unable to prove to officers that they are permitted to be in the U.S., they may be subject to warrantless arrest without any probable cause that they have committed a crime.
“New Yorkers must know their rights should they need to travel to Arizona,” said NYCLU Executive Director Donna Lieberman. “Everyone must be aware that under this law, people who look ‘foreign’ are more likely to be stopped for having a broken taillight or jaywalking and then asked for their ‘papers’ if police believe, just by looking at them, that they could be in the country unlawfully.”
Although SB 1070 is not scheduled to go into effect until July 29, the NYCLU is concerned that some law enforcement officers are already beginning to act on provisions of the law. Moreover, there has been a history of rampant racial profiling by law enforcement in Arizona, especially in Maricopa County, as well as a stated anti-immigrant policy of “attrition through enforcement” by Arizona lawmakers meant to create a hostile enough environment for Latinos and other people of color that they voluntarily leave the state.
In addition to the travel alert, the American Civil Liberties Union has made available in English and Spanish materials on individuals’ rights if stopped by law enforcement in Arizona or other states as a result of SB 1070 or for any other reason. The materials include a downloadable card with instructions – applicable in any state – on coping with vehicle stops and questioning by police, U.S. Immigration and Customs Enforcement agents or the FBI, as well as a Frequently Asked Questions document about SB 1070.
The ACLU and other leading civil rights organizations filed a lawsuit challenging the Arizona law in May, but until the law is struck down, the NYCLU and ACLU warn that individuals traveling in Arizona must be aware of their rights if stopped there.
Materials informing individuals of their rights when stopped by law enforcement and more information about the Arizona law, including an ACLU video and slide show, can be found at: www.aclu.org/what-happens-arizona-stops-arizona
Materials informing individuals of their rights when stopped by law enforcement optimized for mobile devices is available at: mobile.aclu.org
More information about the ACLU’s lawsuit, including information on co-counsel and plaintiffs, can be found at: www.aclu.org/immigrants-rights-racial-justice/aclu-and-civil-rights-grou...