Tag Archives: SB 1070

“Show Me Your Papers” Challenges Moves on to the Ninth Circuit

A coalition of civil rights groups has appealed a federal court decision that would allow the most-notorious portion of Arizona’s anti-immigrant law to go into effect.

The appeal, with the U.S. Court of Appeals for the Ninth Circuit, was filed eight days after U.S. District Court Judge Susan Bolton denied a request to block the “show-me-your-papers” provision of the Arizona law, S.B. 1070, from going into effect later this month. The coalition today asked the Ninth Circuit to suspend the provision for the duration of its appeal.

The provision requires police to verify the citizenship or immigration status of people arrested, stopped or detained if there is a reasonable suspicion that they are in the country unlawfully. In June, the Supreme Court confirmed that three other key provisions of S.B. 1070 are unconstitutional, but declined to block section 2B, the “show me your papers” provision. Several other parts of SB 1070 are blocked by separate injunctions issued by the district court.

“The racial profiling provision threatens the civil rights of many communities of color in Arizona. For the growing Asian American and Pacific Islander community in Arizona, this law will cause irreparable harm to families and individuals, making communities less safe,” said Jessica Chia, staff attorney at the Asian American Justice Center. “AAJC will continue to fight against this discriminatory law until the court rightfully strikes it down.”

“The plaintiffs in this case have raised substantial claims against section 2B and the courts should not allow the provision to go into effect without even considering those claims, which is what will happen if the court of appeals denies the request we are filing today,” said Omar Jadwat, senior staff attorney with the ACLU Immigrants’ Rights Project. “As the history of this litigation shows, we are determined to fight SB 1070 and continue to work to preserve all Arizonans’ rights to be free from harassment and profiling.”

The coalition includes the ACLU, the ACLU of Arizona, NILC, MALDEF, the National Day Laborer Organizing Network, the Asian Pacific American Legal Center and the Asian American Justice Center, both members of the Asian American Center for Advancing Justice, as well as the NAACP.

via ImmigrationProf Blog: “Show Me Your Papers” Challenges Moves on to the Ninth Circuit.

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More on Arizona v. United States

The Supreme Court did not strike down section 2(B).  That section requires local law enforcement officials to determine the immigration status of any person stopped under state or local law if “reasonable suspicion” exists that the person is unlawfully present in the U.S. In fact, the Supreme Court wants more information about how 2(B) will be interpreted by state courts and how the section will be implemented. So the jury is still out on 2(B).

NPR (Nina Totenberg) described it this way: “The state courts have not yet construed 2(B).  If the state courts go on to construe it as, ‘you stop the person and can resolve the issue right at the stop, or you release the person and look into it later,’ that may be permitted – but it won’t be if you detain the person until you resolve the issue.”

Here is court’s language:

“However the law is interpreted, if §2(B) only requires state officers to conduct a status check during the course of an authorized, lawful detention or after a detainee has been released, the provision likely would survive pre- emption—at least absent some showing that it has other consequences that are adverse to federal law and its objec¬tives.    There  is  no  need  in  this  case  to  address  whether  reasonable suspicion of illegal entry or another immigra¬tion crime would be a legitimate basis for prolonging a detention, or whether this too would be preempted by federal law.”

Before that the Court talked about how a longer stop solely for immigration would disrupt federal power and not be permitted:

“Some who support the challenge to §2(B) argue that, in practice, state officers will be required to delay the release of some detainees for no reason other than to verify their immigration status. See,  e.g., Brief for Former Arizona Attorney General Terry Goddard et al. as Amici Curiae 37, n. 49. Detaining individuals solely to verify their immi¬gration status would raise constitutional concerns.  See, e.g., Arizona v. Johnson, 555 U. S. 323, 333 (2009); Illinois v. Caballes, 543 U. S. 405, 407 (2005) (“A seizure that is justified solely by the interest in issuing a warning ticket to the driver can become unlawful if it is prolonged beyond the time reasonably required to complete that mission”). And it would disrupt the federal framework to put state officers in the position of holding aliens in custody for possible unlawful presence without federal direction and supervision. Cf. Part IV–C,  supra (concluding that Ari¬zona may not authorize warrantless arrests on the basis of removability). The program put in place by Congress doesnot allow state or local officers to adopt this enforcement mechanism. But §2(B) could be read to avoid these concerns.  To take  one example, a person might be stopped for jaywalking in Tucson and be unable to produce identification.  The first sentence of §2(B) instructs officers to make a “reasonable” attempt to verify his immigration status with ICE if there is reasonable suspicion that his presence in the United States is unlawful.  The state courts may conclude that, unless the person continues to be suspected of some crime for which he may be detained by state officers, it would not be reasonable to prolong the stop for the immigration inquiry. See Reply Brief for Petitioners 12, n. 4 (“[Section 2(B)] does not require the verification be completed during the stop or detention if that is not reasonable or practica¬ble”).”

“Arizona may have understandable frustrations with the problems caused by illegal immigration while that process [of rational civic discourse] continues, but the State may not pursue policies that undermine federal law.”

via ImmigrationProf Blog: Arizona v. United States — Not A Victory for Arizona.

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Arizona immigration law dismantled

Arizona police may continue to demand proof of immigration status, but other provisions of the controversial immigration law were overturned today by the U.S. Supreme Court.   The court voted 5-3, with Justice Anthony Kennedy writing the opinion.  Justices Antonin Scalia, Clarence Thomas and Samuel Alito wrote opinions concurring in part and dissenting in part. Justice Elana Kagan recused. The case is Arizona v. United States.

The court found key provisions of the law invalid: Section 3 making it a misdemeanor to fail to register , Section 5C making it a misdemeanor  to work   and Section 6 warrantless arrests of aliens suspected of being removable.  “ This opinion does not foreclose other preemption and constitutional challenges to the law as interpreted and applied after it goes into effect,”  Kennedy  wrote.

via Arizona immigration law dismantled – MinnLawyer Blog.

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