Thread: Federal judge OKs section of Arizona immigration law allowing police to question stat

Federal judge OKs section of Arizona immigration law allowing police to question status of suspected illegals

Published September 05, 2012
Associated Press


PHOENIX – A federal judge ruled Wednesday that Arizona authorities can enforce the most contentious section of the state's immigration law, which critics have dubbed the "show me your papers" provision.

The ruling by U.S. District Judge Susan Bolton clears the way for police to carry out the 2010 law's requirement that officers, while enforcing other laws, question the immigration status of those they suspect are in the country illegally.

The requirement has been at the center of a two-year legal battle that culminated in a U.S. Supreme Court decision in June upholding the requirement.

Opponents then asked Bolton to block the requirement, arguing that it would lead to systematic racial profiling and unreasonably long detentions of Latinos if it's enforced.

Lawyers for Arizona Gov. Jan Brewer urged the judge to let the requirement go into effect, saying the law's opponents were merely speculating in their racial profiling claims, that police have received training to avoid discriminatory practices and that officers must have "reasonable suspicion" that a person is in the country illegally to trigger the requirement.

Less controversial sections of the law have been in effect since late July 2010, but rarely been used.
Arizona's law was passed in 2010 amid voter frustration with the state's role as the busiest illegal entry point into the country. Five states -- Alabama, Georgia, Indiana, South Carolina and Utah -- have adopted variations on Arizona's law.

Brewer's office says the law is expected to go into effect shortly.

Read more: Federal judge OKs section of Arizona immigration law allowing police to question status of suspected illegals | Fox News

Judge OKs contentious part of Ariz immigration law

By JACQUES BILLEAUD, Associated Press–7 minutes ago

PHOENIX (AP) — A federal judge ruled Wednesday that Arizona authorities can enforce the most contentious section of the state's immigration law, which critics have dubbed the "show me your papers" provision.

The ruling by U.S. District Judge Susan Bolton clears the way for police to carry out the requirement that officers, while enforcing other laws, question the immigration status of those they suspect are in the country illegally.

The provision has been at the center of a two-year legal battle that resulted in a U.S. Supreme Court decision in June upholding the requirement, ruling against the Obama administration, which filed the initial challenge.

The Obama administration declared a measure of victory at the time, as the court said local police cannot detain anyone on an immigration violation unless federal immigration officials say so.

After the nation's highest court weighed in, opponents asked Bolton to block the provision outright by arguing that it would lead to systematic racial profiling and unreasonably long detentions of Latinos if it's enforced.

Lawyers for Arizona Gov. Jan Brewer, however, urged the judge to let the requirement go into effect, saying the law's opponents were merely speculating in their racial profiling claims. The Republican governor's office also said police have received training to avoid discriminatory practices and that officers must have reasonable suspicion that a person is in the country illegally to trigger the requirement.

In her ruling, Bolton said the court will not ignore the clear direction from the Supreme Court that the provision "cannot be challenged further on its face before the law takes effect." She reiterated the high court's interpretation that the law might be able to be challenged as unconstitutional on other grounds.

The Obama administration's case was based on the argument that federal immigration law trumped Arizona law. The challenge didn't confront racial profiling.

Arizona's law, known as SB1070, was passed in 2010 amid voter frustration with the state's role as the busiest illegal entry point into the country. Five other states — Alabama, Georgia, Indiana, South Carolina and Utah — have adopted variations.

To the supporters, the questioning requirement was the most important part of Arizona's law, which aimed to reduce the problems associated with illegal immigration through enforcement of the state's policy.

Immigrant rights groups say the requirement presents the most opportunities for civil rights abuses.

Shortly before the law was to take effect in July 2010, Bolton prevented police from enforcing the questioning requirement and other parts of the statute, ruling the Obama administration would likely succeed in its challenge.

Brewer, who signed the measure, appealed the ruling, lost at the 9th Circuit Court of Appeals and took her case to the Supreme Court.

Less controversial sections of the law have been in effect since late July 2010, but have rarely been used.

Brewer's office said the law is expected to go into effect shortly.

"Certainly Gov. Brewer is pleased with this decision," said governor's spokesman Matthew Benson. "She believes it's time SB1070 is implemented and so that we can see how effective this law is in practice."

Karen Tumlin, an attorney for the National Immigration Law Center, said her office was "considering our legal options" after Bolton's ruling.
"We were surprised and disappointed," said Dan Pochoda, legal director for the American Civil Liberties Union of Arizona.

The chief sponsor of SB1070, former state Senate President Russell Pearce, didn't immediately return a call for comment Wednesday afternoon and neither did the office of Maricopa County Sheriff Joe Arpaio.

Lyle Mann, executive director of the Arizona Peace Officer Standards and Training Board, said law enforcement statewide has been trained on how to implement SB1070 and had been awaiting a start date.

What's unclear, he said, is how the federal government will respond to requests for immigration checks and what the relationship will be between the U.S. Immigration and Customs Enforcement and Arizona police.

"We don't know, and I don't know if anybody knows until that starts to happen," Mann said.

Amber Cargile, the ICE spokeswoman in Arizona, declined comment and directed inquiries to the national office.

Bolton did, however, grant a preliminary injunction against a statute making it illegal to harbor individuals suspected of being in the country illegally.

The Associated Press: Judge OKs contentious part of Ariz immigration law

Sep 05, 2012

Judge: Ariz. can ask suspects to prove immigration status

By Michael Winter, USA TODAY
Updated 25m ago

Arizona authorities can begin checking the immigration status of criminal suspects, but for now they cannot arrest people for harboring people suspected of being in the United States illegally, a federal judge ruled today.U.S. District Judge Susan Bolton today denied a request to issue a new injunction against the so-called show-me-your-papers provision of the state's tough 2010 immigration law, which the U.S. Supreme Court upheld in June. Opponents argued the provision, known as Section 2B, would lead to unconstitutional racial profiling of Latinos.

Bolton wrote that the lower court would not disobey the Supreme Court's ruling that the provision "cannot be challenged further on its face before the law takes effect," and restated the part of the court's opinion that said the law might be open to other constitutional challenges, the Associated Press says.

Gov. Jan Brewer signed SB 1070 into law in spring 2010, and it was challenged immediately by the U.S. Justice Department.

Separately, Bolton granted a preliminary injunction against a provision that made it a crime for people to harbor someone suspected of being in the country illegally.

The Arizona Republic explains earlier decisions regarding that statute and others:

Before the law took effect, Bolton enjoined Section 2B and three others in response to a motion in the Department of Justice case: one that required immigrants to carry "alien-registration papers;" one that allows for warrantless arrest if an officer thinks there is probable cause to believe the individual committed a public offense that makes him or her removable from the U.S.; and one that makes it a crime for illegal immigrants to solicit, apply for or perform work.
The injunction was upheld in the 9th U.S. Circuit Court of Appeals, and in June the U.S. Supreme Court upheld the injunction except for Section 2B.

"The governor is pleased with the decision," gubernatorial spokesman Matthew Benson told the Republic. "This paves the way for full implementation of SB 1070 as quickly as the district court lifts the injunction."

"What the court has said is that the heart of SB 1070 needs to take effect," he said. "And then the courts can later judge whether there are instances that can be proven of civil rights violations or racial profiling."

Judge: Ariz. can ask suspects to prove immigration status

Well, I'm shocked! Sometimes some enforcement of immigration laws is allowed!

Papers please? Judge OKs contentious part of SB 1070



9OYS Immigration Watch
CREATED Sep. 5, 2012

Web Producer: Rikki Mitchell
Reporter: Marcelino Benito

TUCSON (AP/KGUN9) - A federal judge has ruled that Arizona authorities can enforce the most contentious section of the state's immigration law, which critics have dubbed the "show me your papers" provision.

"We're going to seen an increase in human rights abuses because we have a very vague way of implementing the law," said Juanita Molina.

Molina is with Border Action Network. She tells KGUN 9 this decision will unleash chaos in the state. The ruling Wednesday by U.S. District Judge Susan Bolton clears the way for police to carry out the 2010 law's requirement that officers, while enforcing other laws, question the immigration status of those they suspect are in the country illegally.

9OYS reporter Marcelino Benito asked Molina if this is a racist law. She replied, "Absolutely. We're looking at a whole situation of Jim Crow laws that are being adapted for immigrants here. It's not undocumented people this law affects. It affects all people. It limits our freedom and our ability to live our daily lives."

The City of Tucson has been vocal against SB 1070 and staunchly against the "show me your papers" provision. 9OYS asked Tucson council members to react to this latest legal decision.

"We're going to get sued over this," said councilman Steve Kozachik.

The council calls it bad law. And councilwoman Regina Romero says those lawsuits won't be cheap.

"It will cost the City of Tucson money first and foremost," said Romero.

As for the Tucson Police Department, it says they will abide by the decision in it's entirety. Officers are prepared and have been trained. They plan on issuing a formal statement Thursday afternoon.

Governor Jan Brewer is applauding the decision. The governor's office says the law is expected to go into effect shortly. Her office released this statement:

"Today, Arizona is one big step closer to implementing the core provision of SB 1070. I applaud the federal court for siding with the U.S. Supreme Court in refusing to block the most critical section of this law, which will empower state and local law enforcement, as part of a legal stop or detention, to inquire about an individual's immigration status when the officer has reasonable suspicion. With this provision, Arizona makes a clear statement that it will not tolerate sanctuary city policies, and will now have thousands of additional officers to collaborate with the federal government as state and local law enforcement do what they always have: enforce the law.

"After more than two years of legal challenges, it is time that Section 2(B) of SB 1070 take effect. Given today's ruling, along with the federal court's suggestion that it intends in the very near future to formally lift the existing injunction, it is clear the day of implementation is fast approaching.

"As I have said consistently, it is not enough that this law be enforced. It must be enforced efficiently, effectively and in harmony with the Constitution and civil rights. I have no doubt Arizona's law enforcement officers are up for the task ahead."

Video at link

Papers please? Judge OKs contentious part of SB 1070 - KGUN9.com

well I hope they start To do this In NYC & Pa & every other State it about time
they should go to all of the company & see who has paper . TJM & Lord & taylor &kmart . & All state Alumi
in Pittson on the by pass as Illegal Immigrant . Obama want another chance that a good one Now way
I like to see gov jan for Our President.
she is the only one with back bone & you all know this

Judge Rules Arizona Can Begin Enforcement of Immigration Law – Rejects ‘Racial Profiling’ Claims

By John Hill on September 5, 2012 in ACTION CENTER, Blog, News


The ACLU and other activist groups were stunned today as a federal judge rejected their “racial profiling” lawsuit against landmark immigration law S.B. 1070, and cleared the way for Arizona to require police to start questioning suspected illegal aliens they have stopped.

In a 12-page ruling, U.S. District Court Judge Susan Bolton rejected pleas by those groups that what has been absurdly dubbed the “papers please” provision of Arizona’s SB 1070 cannot be enforced without violating civil rights. Bolton said there is no evidence of ‘”racial profiling” against Latinos, as the plaintiffs accused, and they cannot block the law from being enforced. She said lawsuits contesting the legality of the provision are appropriate only after the law takes effect.

More to the point, the judge noted that the U.S. Supreme Court earlier this year overturned a previous injunction she had issued blocking enforcement Section 2(b) which requires police to question those they have stopped if there is reasonable suspicion they are in this country illegally.

“This court will not ignore the clear direction in the (earlier) opinion that Subsection 2(b) cannot be challenged further on its face before the law takes effect,” Bolton wrote.

The activists had expected Bolton to side with them, given that she originally blocked the major sections of 1070 in 2010, before the Supreme Court upheld the central provision in June.

Activists had hoped to block the law from taking effect before the election, as they know that when it was first enacted, more than 100,000 illegal aliens fled the state. Now that Arizona police are free to stop and check immigration status, there is likely to be another large waver of illegals to leave Arizona in the next several months. This could have a big effect on the election, as Democrats cannot count on as much voter fraud as they will get in states like North Carolina – which has seen massive registration irregularities and the outgoing Governor Bev Perdue vetoed a photo Voter ID provision in 2010.

This victory also will embolden states like Pennsylvania and Ohio to move ahead with Arizona-style laws in 2013. Stand With Arizona attorneys and activists are working with 17 state legislatures at this time to assist in the drafting of such laws.

We are just getting started. Stand with us!

source: Judge Rules Arizona Can Begin Enforcement of Immigration Law – Rejects ‘Racial Profiling’ Claims | Stand With Arizona

Was added to the Homepage earlier today:
http://www.alipac.us/content.php?r=9...-question-stat