A federal judge on Tuesday threw out a challenge filed by a Tucson police officer to Arizona's new immigration law.
U.S. District Court Judge Susan Bolton said Martin Escobar lacks legal standing to sue. She said claims that he would suffer harm from being forced to enforce what he believes is an illegal law are "wholly speculative.''
Bolton also was not convinced Escobar proved he would be disciplined by his superiors for failing to enforce the law.
But Tuesday's ruling leaves intact, at least for the time being, separate legal claims filed in the same case by the city of Tucson that the law is unconstitutional. City attorneys also say the law creates a burden on already strapped taxpayers and usurps the authority of the city council to set priorities for police.
"Compliance with the (immigration) act will require Tucson Police Department to change those priorities and may result in decreased investigation and prosecution of violent crimes against persons and other major felonies,'' they said.
Nothing in Tuesday's order has an immediate effect.
Bolton, ruling in July in a separate lawsuit filed by the U.S. Department of Justice, enjoined the state from enforcing several provisions of SB 1070 until there is a full trial on the merits, something unlikely to occur this year.
Escobar, in his own lawsuit, challenged two sections.
One requires police who have stopped someone for any reason to make a reasonable attempt to determine immigration status if there is "reasonable suspicion'' the person is in this country illegally. The other lets police make warrantless arrests if there is a belief a person has committed any offense that allows him or her to be removed from the United States.
Escobar argued that, as a police officer, he is required to enforce the law even though he "believes the act ... is unlawful.'' Escobar said he could be sued for violating the rights of Latinos.
Conversely, Escobar said failing to fully enforce SB 1070 opens him up to civil lawsuits and discipline, and that he is being pressured to enforce the law by "individuals within the Tucson Police Department,'' chilling his First Amendment rights to speak out against the law.
Both of the provisions Escobar challenged were among those Bolton put on hold. She also barred enforcement of a section that forbids the release of any person who is arrested until that person's immigration status is determined as well as one that makes it illegal for anyone not legally present in this country to knowingly apply for work, seek work in a public place or work as an employee or independent contractor in Arizona.
The 9th Circuit Court of Appeals will hear arguments in November by attorneys for Gov. Jan Brewer, empowered by the Legislature to defend the law, that the injunction should be dissolved.
RollerCam posted at 7:17 pm on Tue, Aug 31, 2010.
Marty Escobar needs to be fired from the TPD (Tucson Police Department) and sent across the border to the TPD (Tijuana Police Department.
He should enjoy working there much better, since there is absolutely NO 'racial profiling' at all in Mexico.
Vamanos, Marty, you traitor.
Slabside posted at 7:43 pm on Tue, Aug 31, 2010.
Well said RollerCam!
Masterrogue666 posted at 6:05 am on Wed, Sep 1, 2010.
Officer Escobar: Feel free to voice your displeasure for SB1070 all you want. However, once that badge is on, and you are getting PAID to enforce said law, then you should DO YOUR JOB. I'm quite sure there are probably other laws you may not agree with, but I have heard of you going to court over those laws. Finally, if enforcing the law goes against your "grain", QUIT!
Poorman posted at 12:39 pm on Wed, Sep 1, 2010.
Suprise here,at least Bolton did something right with regard to SB1070. Maybe there is hope for her yet.
Blind Justice posted at 6:16 am on Fri, Sep 10, 2010.
Not only should Escobar be fired, also be deported! All other Public Officals should be subject to the same punishment(s), for not fulfilling the obligation of Oath of Office.