In the last few months, Tucson has been abuzz with the idea. This is because in November, Tucson will have the opportunity to vote “yes” on Prop. 205, the “Tucson Families Free and Together” initiative.
You may have heard that a “yes” vote would make Tucson the state’s first sanctuary city. But this designation is only part of a larger picture. A full reading of the initiative (something many of our most vocal opponents have failed to do) reveals not merely a “sanctuary” law but a strong, common-sense proposal with clear goals and procedures.
It is misleading to say that Prop. 205 is simply a short-sighted effort to label Tucson as “sanctuary.” First, “sanctuary status” does not have any clear definition. There is no one-size-fits-all sanctuary template. While all sanctuary cities adhere to certain principles, these metrics can fluctuate depending on who you ask or who is currently making the “rules.” This is to say: sanctuary is what you make it. To be sure, Prop. 205 would make a bold declaration, but it is much more. The true purpose of Prop. 205 can be found in its name: Keep Tucson Families Free and Together.
A close study of Prop. 205 reveals more than 15 new guidelines to protect and uplift the civil rights of all Tucson residents. If approved by voters, we expect to see a reduction in arrests, strengthened trust in public institutions, an increase in community safety, a drop in crime rates, and a lower rate of detention and deportation of our community members, among other long-term benefits.
Now, you may ask, are these measures needed? So, before we get into the facts of the how, lets first discuss the why.
The why began years before the Trump administration came into power. Arizona has long been the petri dish for anti-immigrant policies and, to fully understand Prop. 205, we must revisit the Arizona of 2010. In that year, then-Governor Jan Brewer signed into law the infamous SB1070 (also known as the “show me your papers” law.) SB1070 was part of the “attrition through enforcement” doctrine advanced by xenophobic anti-immigrant organizations like FAIR and CIS. Co-authored by the likes of Kris Kobach, SB 1070’s underlying legal doctrine was largely rejected when the U.S. Supreme Court overturned the majority of its provisions.
Ten years out, however, Arizona’s immigrant communities still live under the provision that formed the core of SB 1070—the “show me your papers” provision. This, in essence, forces all local law enforcement in Arizona to collaborate directly with ICE and Border Patrol when conducting certain types of traffic stops.
Let’s be clear: SB 1070 has had a resounding effect on the health and wellbeing of our migrant community. SB 1070 was intended not only to exclude undocumented immigrants from social institutions (e.g., the protection by police, housing, education, healthcare), they were intended to turn the social fabric against undocumented immigrants to create fear, stress, trauma and to make life virtually unbearable.
Studies have found that SB1070’s authors were largely successful in negatively affecting the social, emotional, mental and physical health of the undocumented community. Tomas Lopez found that the law’s passage left behind a generation of “destabilized, disillusioned and disadvantaged” youth who saw their communities torn apart by the departure of family members and friends. The report found a lasting distrust for public institutions, including schools and police. These findings reveal that SB 1070 negatively impacted not only undocumented immigrants but a broad population, including citizens and legal residents belonging to the thousands of “mixed status” families that call Arizona home.
Further, Rebecca Crocker found that SB1070 introduced negative health outcomes, increasing the “dangers, frustrations, and stressors of undocumented life in Arizona.” Participants in her study described how “their fear of police detection, particularly following the passage of SB1070, prevented them from participating in community activities and from fulfilling civic duties, such as reporting crimes.” And Hardy (2012) found that SB1070 increased fear so much that people limited their movements and avoided public spaces.
A common theme among these reports is the reinforcement of an already deep-seated mistrust for police within the migrant community.
Now, what happens when you combine this type of historical precedence of fear in Arizona with the current brand of violent, xenophobic and inhumane national rhetoric/policies? We can safely infer that these effects are exacerbated even further. This is precisely why a measure like Tucson Families Free and Together is urgently needed and long overdue.
Prop. 205 is an assurance to our undocumented family members, friends and neighbors that Tucson is ready to build a more inclusive and equitable future. Further, Prop. 205 is unlike any other sanctuary city policy in the country for 5 reasons:
Unlike other so-called sanctuary policies, Prop. 205 offers protections for all residents against unwarranted searches and detentions by curbing pretextual traffic stops altogether.
Prop. 205 is the first “sanctuary” policy organized and placed on the ballot through a community-led initiative. Meaning, it is a grassroots movement uplifted through the tireless volunteer efforts of countless day-to-day Tucsonans who collected over 18,000 signatures. This has never been done before in the history of this country.
Prop. 205 was written with the community at the table including migrant/human rights advocates, public defenders, immigration lawyers, LGTBQ advocates and directly-impacted people.
If passed, Prop. 205 would be shielded from possible state efforts to strip Tucson of state-shared revenue. Because Prop 205 is an exercise in direct democracy through Arizona’s constitutionally protected initiative processes, Tucson cannot be punished through the mechanisms created by Phoenix Republicans to pre-empt or defund cities with the audacity to pursue progressive policy priorities when their leadership won’t. Prop 205 is shielded from such retaliation because it is not an “official action adopted or taken by the governing body of a city”—something that Tucson’s foes would need to prove in court. We are confident that Tucson would not lose a dime if challenged and are preparing for a legal defense if it comes.
Prop. 205 is the first comprehensive policy in Arizona that specifically takes into account the nuances of SB1070. This means that Prop. 205 was written around the edges of SB1070. For example, where SB 1070 is vague, Prop. 205 gives strict guidance to protect community members from racial profiling and subsequent interaction with Border Patrol. At its very root, the provision left in place by SB1070 mandates racial profiling; our bill mitigates this harm to its farthest reach without breaking law.
Another few important points to note is that our bill does not prevent the investigation of any crime. Far from preventing investigations, Prop. 205 allows for increased crime reporting by removing the burden of civil immigration matters. This means that first responders can prioritize their roles as first responders. Prop. 205 will not prevent local police from collaborating with any federal agency except where such collaboration is related to civil (non-criminal) immigration violations. Nor will federal law enforcement be prevented from offering strategic assistance to our local police on matters of public safety, such as access to crime databases. Claims to the contrary are simply born of a mis-reading or misunderstanding of Prop. 205.
I once heard a Mexican human rights advocate say “so long as sanctuary is needed, sanctuary must be provided.” He was referring to a “sanctuary” shelter for Central American migrants which he ran out of his house near Mexico’s southern border. It is in this same spirit which our historical sanctuary movement in Tucson was born. It is here where our vision is focused. We understand that when government fails to provide safety and justice to its most vulnerable residents, it becomes our responsibility as a community to do so.
Contrary to what city officials contend, we know and have documentation that they do, in fact, collaborate with ICE and Border Patrol on a regular basis. And sadly—while we have atrocities like families being torn apart at the border and refugees being caged in overcrowded facilities without sanitation and with barely enough food—locally we have so-called allies in office pushing the same old and tired politics of fear and inertia. The times demand that we resist complacency and I believe that Tucson will send a resounding message. One of love and hope. One which will make us better in the long run.
Voting yes on Prop. 205 is the right thing to do this November. While we cannot do much about conditions in federal detention centers, we can render SB1070 practically useless—and we can do so without violating state law. No, we cannot prevent another white supremacist like the El Paso mass shooter from targeting migrants, but we can pass legislation to encourage victims to seek medical treatment and protection under the law. We may not be able to legislate a stop to family separation at the border but we can put into place real and lasting protections for Tucson families so that they may live and thrive with less fear of detention and deportation. We, as a community, understand the need to build a Tucson of the future. A Tucson where all people are assured safety and justice. Sanctuary because as a city we must refuse to collaborate in the federal effort to intimidate, detain, separate and deport our community. Please join me in voting “yes” on Prop. 205.
Zaira Emiliana Livier is a campaign director for Tucson Families Free & Together.
This article appears in Sep 19-25, 2019.
This is an excellent explanation of the Tucson Families Free and Together initiative. I strongly encourage all Tucson voters to vote YES on Prop. 205!
Sorry
I would have to say NO on this proposition for the following reasons
1. The sponsor of this ia a “never trumper” and socialist. While I deplore the individual occupying the Whitehouse, I refuse to live my life filled with hate. Hate turns to lies, and we all know the lies this person has spoken.
2. This sponsor led a boycott of a Tucson business because the owner had a political view different from hers. Isn’t that the SAME oppression she claims to fight against? Again, another lie.
No soup for you!
Be on the right side of history. Vote YES. People always say, “How could the German people have let concentration camps happen?” This is how. We have already let it happen. Let’s make sure our city does not collaborate with an illegal and immoral campaign to separate families and end asylum.
Passing Prop 205 is exactly what the cartels want.
https://kvoa.com/news/2019/09/19/digging-deeper-cartels-look-to-saints-of-the-underworld-for-protection/
Running with the devil. Pure evil, that’s what this is. While they drug and kill our children.
Sanctuary cities hurt everyone and contributes to issues other than immigration. You only have to look to those communities that are already designated as such.
Livier would have us believe that immigrants are cowering in their homes afraid to open the doors and answer their phones due to harassment, profiling, threats of deportation, etc. But this isn’t true and she is trying to tug on our heart-strings with the colorful and emotive language she uses.
Prop 205 would severely tie the hands of our law enforcement, restricting their ability to do their jobs and protect our community. You only have to read the article above by Kunz to see this. Because our community is already so diverse that it is irresponsible to claim that the law is targeting immigrants for the sake of being an immigrant.
I have no problem with law-enforcement asking for documentation when placed in a position that merits that, for the same reason that I have no problem handing over my ID when asked for it. The reality is that there are immigrants who are here illegally, that does not make the human being illegal…just their presence in this community.
Do all of them pose a threat to our community? Perhaps not, but some do. You only have to look at #AngelMoms #AngelDads #AngelFamilies #TheRemembranceProject #Nomorestolenlives.
While I can appreciate coming here for a better life, there are proper channels for seeking a life here in America. Simply crossing a border and expecting it is not that way. Yes, we welcome people to America, but those who “sneak” across are already demonstrating a dishonest and “under-the-radar” proclivity to skirt the law. They are thumbing their noses at those who are doing it the proper way. To claim “asylum” when they just want to come here for a better life is dishonest and they are taught that this is okay.
A whole industry and system have risen to perpetuate illegal border crossing which takes advantage of the people and the system indiscriminately. People on both sides are hurt by it.
No, Prop 205 will hamstring our law-enforcement and continue to erode, while not perfect, an already compromised system of checks and balances and Tucson will be worse for it in the long run.
On November 5th Support the Citizen Initiative-
TUCSON FAMILIES FREE & TOGETHER
As November 5th 2019 general elections near its important to give Tucson citizens information to help them make informed decisions. This November Ballot includes Tucson Families Free & Together a citizens initiative that would designate Tucson Arizonas first sanctuary city. In 2012 Tucson became a Welcoming Immigrant City after a 6-1 vote by the city council to reject many of the provisions of SB 1070. SB 1070 is considered one of the strictest state anti-immigration enforcement laws. Although some of its provisions, sections 2,3 5 and 6 were ruled preempted by federal law in Arizona v. United States, 567 U.S. 387 (2012), the remaining provisions stand. One of the selling points of the bill was that it would reduce crime rates. The bills intent was to assist law enforcement in finding those who are in country illegally, not to curb crime. To date there is no evidence that SB-1070 has contributed to the reduction of crime rates in AZ. Some of the same arguments used in support of SB 1070 are now being used to sway voters in this citizens initiative.
What will a yes vote mean?
Pima County, Arizona Ballot Measures states that a yes vote would result in: City Code Declaration of Tucson as a Sanctuary City, Restrictions for law enforcement from actions to determine a persons immigration status under certain conditions, prohibiting officers from contacting federal law enforcement agencies to determine a persons immigration status and prohibiting city employees from inquiring about a persons immigration status.
What will a no vote mean?
A vote of no would be a vote against declaring in the city code that Tucson is a sanctuary city and the restrictions of police officers regarding the determination of immigration status.
Common Questions Answered
Peoples Defense Initiative website, https://www.peoplesdefenseinitiative.org gives clear answers for common questions regarding Sanctuary Cities.
What is the difference between Immigrant Welcoming City and Sanctuary City? However good intentioned, the designation of Tucson as Welcoming Immigrant City status does nothing to prevent the detainment and removal of immigrants as it is only a statement of support. Will it violate SB 1070? Many of SB 1070 provisions have been challenged and struck down in court. The ordinance would not prevent TPD officers from doing anything that they are required to do under state law. The ordinance is designed to introduce clear rules and transparency measures whenever state law requires a local officer to get involved in federal immigration matters. It does not hamper an officers ability to determine the immigration status of those individuals specified by SB 1070. It also does not violate Proposition 300. Proposition 300 is the statewide proposition approved by Arizona voters in 2006. It limits certain state services to those who are U.S. citizens or who possess lawful immigration status. This prevents undocumented immigrants from paying in-state college tuition at state universities and community colleges, even if they have lived in Arizona for most of their lives. Sanctuary city status does not conflict with Prop 300.
Does it violate federal law or provide undocumented immigrants with a lawful pathway to citizenship? No This ordinance does not violate that provision for at least two reasons according to Peoples Defense Initiative.
1.The ordinance would prohibit TPD officers from asking people about immigration status in many instances, but it would not prohibit an officer from sharing such information with federal authorities in the event an officer obtains such information. In other words, it would limit how and when a TPD officer can acquire immigration status information; it would not restrict the officers sharing of that information in the limited circumstances when an officer is required to ask for it.
2.As recently as November, 2018, federal courts have determined that this federal law violates the United States Constitution. So even if a judge were to find this ordinance in violation of Section 1373, local judges in Arizona are likely to come to the same conclusion as other judges: that the federal law itself is illegal. A local law cannot be said to violate a federal law if the federal law is itself illegal. Peoples Defense Initiative 2019
Immigration is a matter of federal law. Families Free and Together would alter how local officials communicate with and collaborate with federal immigration officials. The local ordinance would not create a new path to citizenship. Only Congress can do that. Contacting your congressional representative is recommended. The ordinance will not increase taxes or interfere with federal funding. It will not interfere with TPD ability to investigate crimes or influence increased leniency for undocumented individuals accused of a crime as compared to US citizens.
Lets make Tucson the first Sanctuary City in Arizona. With these important questions answered, you can make a difference in keeping families in Tucson safe and together while we work toward comprehensive immigration reform.
Kim Jordan MSCIS MSW graduate student-Worden School of Social Work
Our Lady of the Lake University San Antonio Texas
This is not what our community needs. We have great TPD officers. let’s support them.
No ON 205.
Absolutely, a big YES! Would love to move from Arizona red to California dreaming blue.
The Tucson City Council over scores of years has made a City Ordinance that Proposition 205 will add to when / if passed. The council then has a vested interest in keeping things the way they are – “We don’t need it – give it to Phoenix or to Washington D.C. – we already are where we need to be” you say Mr. Kozachik. Well, That’s a top down model where Prop 205 is a bottom up grass roots model. The ACLU and the AFSC are among 47 other organizations endorsing Proposition 205 – Families Free & Together. This is definitely a referendum for those supporting Prop 205 BUT it is not a referendum on the City Council nor the Police Department who are sworn to follow the law, WE THE PEOPLE pass!
This is a great reason to vote NO on 205.
https://publish.illinois.edu/kmw4/the-problem-with-sanctuary-cities/
Prop 205 is just bad for all involved. Its a Do knotting Knee jerk liberal overreaching action. Vote no and tell these people not here.
With a name like “Tucson Families Free and Together,” you know you have to do your own research. Why would anyone vote NO for something like that? I know that this was an opinion piece, but some information on the actual Prop would have been nice. I urge you all to read the actual proposition and make your own INFORMED decision instead of thinking you are voting for rainbows and “togetherness.”
So glad this proposition was overwhelmingly voted down by the good people of Tucson!