ACLU of Michigan Issues Alert To State Residents Traveling To Arizona

Arizona Racial Profiling Law Threatens Civil Liberties

DETROIT, MI - Thursday, July 1, 2010 - In response to civil liberties threats caused by the recent passage of Arizona’s racial profiling law, the American Civil Liberties Union of Michigan issued a travel alert today informing Michigan residents 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.

Although the law is not scheduled to go into effect until July 29, the ACLU of Michigan 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.

“It’s imperative that all Michigan residents traveling through Arizona this holiday weekend know what to do if police stop them and demand to see their ‘papers,’” said Kary L. Moss, ACLU of Michigan executive director. “We are particularly concerned that, given Arizona’s history of racial profiling in combination with this new law, Michiganders who look or sound ‘foreign’ are more likely to be stopped by police and forced to prove their immigration status.”

In addition to the travel alert, the ACLU 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.

“Our main goal is to ensure that our residents are aware of their rights if they encounter the harassment that the Arizona law promotes,” said Moss. “Many of our residents fit the racial profile that police will inevitably use to enforce the law; therefore it is very possible that Michigan residents will experience racial profiling and unlawful detentions in Arizona as a result of this extreme and discriminatory measure.”

Earlier this month, Rep. Kim Meltzer (R-Clinton Twp.) introduced House Bill 6256, which mimics Arizona’s law requiring local police to demand immigration papers from any person they perceive as undocumented in Michigan. The ACLU of Michigan is strongly opposed to this measure and recently provided testimony at a public briefing held by the U.S. Commission on Civil Rights opposing the bill.

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 ACLU warns that individuals traveling in Arizona must be aware of their rights if stopped there.

The travel alert and know your rights cards are available at: http://www.aclumich.org/node/1452

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: www.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-groups-file-legal-challenge-arizona-racial-pr