Judge Strikes Down ‘Show Me Your Papers’ Section of Arizona Immigration Law
July 28, 2010
(ChattahBox)—As the deadline looms for Arizona’s controversial anti-immigration law to go into effect tomorrow, a federal judge just issued a ruling blocking key parts of the law, particularly the most controversial provision requiring police to check the immigration status of detained individuals based on reasonable suspicion they are here illegally. Other sections of SB 1070 remain in place and Arizona can enforce those provisions starting July 29, but law enforcement officials will not be able to ask people for their papers to prove residency.
U.S. District Court Judge Susan Bolton, granted the federal government its request for a preliminary injunction enjoing parts of the law that violate the federal preemption doctrine of the Supremacy Clause of the U.S. Constitution.
According to the report by the Arizona Republic, four main sections of the law have been put on hold until a full hearing on the lawsuit:
• The portion of the law that requires an officer make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested if there’s reasonable suspicion they’re in the country illegally.
• The portion that creates a crime of failure to apply for or carry “alien-registration papers.”
• The portion that makes it a crime for illegal immigrants to solicit, apply for or perform work. (This does not include the section on day laborers.)
• The portion that allows for a warrantless arrest of a person where there is probable cause to believe they have committed a public offense that makes them removable from the United States.
Arizona residents would still be permitted to sue law enforcement agencies for not fully implementing federal immigration law. And it would still be a crime to block roadways while picking up day laborers.
Governor Jan Brewer has been engaged in a fear-mongering campaign, to defend her harsh anti-immigration law that provides for racial profiling.
Both sides are expected to appeal today’s ruling.