Arizona’s SB 1070 is contrary to Washington’s cherished values that everyone should be free from unwarranted intrusions by police and that everyone should have due process, fairness, and equality. Community leaders in Washington have always been vigilant to ensure that laws like SB 1070 never pass here. Indeed, such measures have never gotten traction in our state, whether through the legislature or via initiative—every single anti-immigrant law or ballot measure that has been proposed in Washington has failed to gain any significant support. And where the Customs and Border Protection agency or local law enforcement agencies have engaged in racial profiling to the detriment of public safety, many of our community leaders have responded strongly in rejecting such measures.
The Supreme Court’s decision rejected the notion that immigration law can or should be decided by state lawmakers, and is a warning to other states, including Washington, to stay away from attempting to legislate immigration enforcement. Three of the four provisions at issue in the Arizona law were rightly struck down, while the Court said it was too early to tell whether the fourth provision, Section 2(B) (the “Show Me Your Papers” section), was also unconstitutional. The Court’s ruling was a narrow one that considered only whether the provisions at issue were preempted by federal law, not whether they violate civil rights. We will continue to support the legal challenge against Section 2(B) that is moving forward in separate litigation. That litigation, the Friendly House case, raises civil rights concerns that could well cause Section 2(B) to be enjoined and struck down in the future.
As a practical matter, we know that laws like SB 1070 are inherently unfair and cannot be enforced without engaging in profiling based on race, color, or ethnicity—people will inevitably be targeted based on how they look or sound. Misguided laws like this one put everyone’s fundamental civil rights at risk, harming citizens and noncitizens alike, and are bad for a state’s image, its families, and its economy. And law enforcement officers across the country have spoken out against such laws because they undermine public safety by harming police-community trust.
The Supreme Court’s ruling will not change Washington’s strong constitution or the fundamental fairness of its people, who do not want our beloved home to become a “show me your papers” state. We will continue to be vigilant and fight back against laws like SB 1070 and all that they stand for—by organizing and advocating with our local, state, and federal elected officials. The tide is turning against such laws across the country, and some of the states that have enacted them have paid a heavy economic price. And we will turn out in force in the fall to vote for candidates who reject such laws. We cannot and will not allow Washington to go down Arizona’s flawed path.
ACLU of Washington
American Friends Service Committee
Asian Counseling & Referral Service
CASA Latina
Central Area Motivation Program
Center for Justice
Church Council of Greater Seattle
Coalition of Anti-racist Whites
Community to Community
El Centro de la Raza
El Comité Pro-Reforma Migratoria y Justicia Social
Entre Hermanos
Faith Action Network
Incarcerated Mothers Advocacy Project, University of Washington and Seattle University Schools of Law
King County Coalition Against Domestic Violence
Latino/a Bar Association of Washington
Latino Civic Alliance
Legal Voice
Mothers for Police Accountability
NDNS for Justice
Northwest Immigrant Rights Project
OneAmerica
Puget Sound Sage
REACH for Immigrant Justice, University Unitarian Church
Seattle Human Rights Commission
SEIU Healthcare 775NW
SEIU Healthcare 1199NW
SEIU Local 925
Tierra Nueva
Washington Defender Association’s Immigration Project
Washington State Commission on Hispanic Affairs
Washington State Labor Council
