Furthermore, it allows police officers to arrest a person without warrant if there is probable cause to believe the person has committed a public offense that makes the individual removal from the United States ("Fact Sheet for S.B 1070 "). While many people support this policy, many others argue that this law potentially violates basic human rights because it promotes discrimination based on race and ethnicity, which makes it unconstitutional. .
SB 1070 directly violates an individual's universal rights by promoting racial profiling. Pilar Marrero, writer of Killing The American Dream, clearly points out that "the Arizona Law violates the First Amendment guaranteeing freedom of expression and freedom of association, the Fourth Amendment protecting against search and seizure without probable cause, and the equal protection clause of the Fourteenth Amendment " (110). Thus, the law encourages the threat of states treating others differently based simply on their appearance rather than on their actions. This in fact, creates conditions for immigrants to become more defenseless and to live more undercover lives. The fear of being detained is a powerful force that can keep immigrants from reporting abuses and crime, from seeking services when needed, and even from sending their children to school. Immigrant workers that live in Phoenix experience that sense of fear on a daily basis. A Guatemalan woman told Cecilia Menjivar, a professor at the Arizona State University, that every time they go clean homes at night, she and her husband never ride together in the same car for fear that they might be stopped and deported to a detention center, and separated from their children. In her words she states: .
Look, Cecilia, this situation is scary; it gives us fear. Every day, I don't lie to you, its constant. So no, we don't drive together. What if we are stopped and we get deported? We'll be taken to jail, right? And the kids, what? Who'll take care of them? Who's going to stay with them? We worry; we live anguished (Menjivar).