Civil and immigrant rights groups asked a federal judge late Tuesday to block SB 1070 from taking effect despite a U.S. Supreme Court ruling last month siding with the state.
The legal papers claim that what has been dubbed by foes the "papers please'' provision of the 2010 law cannot be implemented without discriminating against minorities. That part of the law requires police to check the immigration status of those they have stopped if there is reason to believe they are in the country illegally.
Just last month the nation's high court gave the go-ahead for Arizona to begin enforcing that section of the law. That effectively overturned the injunction U.S. District Court Judge Susan Bolton issued two years ago barring enforcement; Bolton is expected to formally dissolve her order by the end of the month.
But the lawyers from groups including the American Civil Liberties Union, the National Immigration Law Center and the Mexican American Legal Defense and Educational Fund, are reminding Bolton that the only issue in that separate lawsuit brought by the Obama administration was whether SB 1070 illegally infringed on the exclusive right of the federal government to regulate immigration. The court concluded that the law, on its face, does not.
What was not addressed, they said, were separate arguments that just the practice of questioning people about their status would automatically violate their rights because of the length of time they would be detained.
In asking Bolton to once again block the law -- even before a trial on its merits -- the challengers say there is "ample evidence'' of irreparable harm to Hispanics and others who would be "at risk of unlawful detention and interrogation based on little more than an officer's 'reasonable suspicion' that they are 'unlawfully present in the United States.' ''
As proof, the challengers cited a declaration by Tucson Police Chief Roberto Villasenor who said his agency issues about 36,000 citations a year instead of actually making arrests.
"Under (the law) if we cannot get immediate confirmation from federal officials of the immigration status of these suspects, we will have to extend their detentions in the field until we get a status determination from federal officials, or book them into jail to await these results,'' Villasenor said. "Either scenario will result in extended detention of thousands of individuals -- even if it is for brief periods of time.''
On the other side of the issue, the lawyers argued that Cochise County Sheriff Larry Dever has said he will use the provision in ways that conflict with federal authority.
Dever conceded as much to Capitol Media Services.
He acknowledged the Obama administration has decided that, as a matter of priorities, it does not intend to pursue or deport certain people even though they are here illegally. That most recently includes those who came to this country as children.
But Dever said they are here illegally and that his deputies, on finding those in this country without documents, will take them into custody. And he said if immigration officers won't come pick them up, he will have them dropped off at the local Border Patrol office -- even if they end up being released there after having been detained.
The sheriff was unapologetic for that stance.
"I'm interested in the safety and welfare of the citizens of Cochise County,'' he said. "I really could give a damn what their policy is.''
And if people are detained by deputies only to be released, Dever responded, "So?''
Matt Benson, press aide to Gov. Jan Brewer, said the move is not a surprise.
"Opponents of SB 1070 have indicated they?ll go to any length in order to block Arizona?s implementation of this law,'' he said, pointing out the prior Supreme Court ruling.
But ACLU attorney Dan Pochoda noted that the high court, in its ruling in the other case, did not specifically say that the section on questioning those who are stopped is legal. In fact, Justice Anthony Kennedy, who wrote the ruling, said only that "it is not clear at this stage and on this record that the verification process would result in prolonged detention.''
Benson said, though, his boss believes SB 1070 can be enforced "fairly, lawfully and in harmony with civil rights and the Constitution,'' saying the new allegations amount to "fear-mongering and outrageous allegations.''
Beyond the issue of detention, the legal papers claim that the provision is inherently discriminatory. They claim statements by bill author Russell Pearce, then a senator, "demonstrate that racial and national origin discrimination was the motivating factor'' for the law -- and specifically the provision about questioning those who have been stopped.
The request for an injunction also points to the practices of the Maricopa County Sheriff's Department which has previously conducted "crime suppression sweeps'' in various neighborhoods which result in the arrest of many Hispanics. The attorneys said that by itself is proof that there already is discrimination which would only be enhanced if police can detain people while their immigration status is checked.
Dale Whiting posted at 8:21 pm on Tue, Jul 17, 2012.
Boys from the "American Civil Liberties Union, the National Immigration Law Center and the Mexican American Legal Defense and Educational Fund," don't jump the gun. We all believe that Dever and Arpaio will mess things up, profile and otherwise violate peoples' civil rights, but the Supremes want hard evidence, evidence well beyond challenge, to stop SB 1070. So hold your fire and wait a few more months.
Leon Ceniceros posted at 8:47 pm on Tue, Jul 17, 2012.
FOLKS...NOTICE HOW THE REPORTER, HOWIE FISCHER...ALWAYS...ALWAYS USES THE LAST SENTENCE OR IN THIS CASE THE LAST PARAGRAPH TO PUSH HIS PRO-ILLEGAL ALIEN AMNESTY POLITICAL AGENDA.
IF HOWIE FISCHER WANTS TO PUSH HIS POLITICAL AGENDA = GREAT= BECOME A COLUMNISTS AND QUIT CALLING YOURSELF A .....REPORTER.
REPORTERS = REPORT.....COLUMNISTS = PUSH THEIR POLITICAL AGENDA = YOU CAN'T BE BOTH, HOWIE. IT DEGRADES JOURNALISM.
OH....AND AS FOR CALLING THIS ....."CIVIL RIGHTS".
THESE BIG SHOT ACLU AND MALDEF LAWYERS CAN NOT CALL ARRESTING "ILLEGAL ALIENS" A CIVIL RIGHTS..."ISSUE".
CIVIL RIGHTS IS A TRANSLATION OF THE LATIN....ius civis....WHICH TRANSLATES = RIGHTS OF CITIZENS.
ILLEGAL ALIENS ARE NOT CITIZENS OF THE UNITED STATES.
THEY ARE CITIZENS OF ...........MEXICO....GUATAMALA....HONDURAS...EL SALVADOR......AND POINTS SOUTH.
Brittanicus posted at 6:03 pm on Wed, Jul 18, 2012.
ADD YOUR VOTE TO THE TEA PARTY AND STOP ILLEGAL IMMIGRATION AND OTHER FINANCIAL ISSUES.
If you read about the issues covering everybody’s lives in the United States of America, it illustrates the dimensions of complete indifference to many major concerns which includes illegal immigration. Nothing is being constructed in the way of bills, to get us out of the extreme mess. The do and don’ts are easily perceived, which includes the closing of immigrant and migrant entry ports along our Southern border. When we have illegal aliens, minor criminals or not and those smuggling drugs into America, along with floods of the poor people attracted by both political parties, which is unfortunate for low income American labor. Then we have Obama’s boys genuflecting to the environmental zealots, and the green dream that has become a nightmare for average Americans who are paying high prices for gas, to commute to work, when an administration is bypassing the working people of this country, when we have an abundance of energy just below the ground of oil, natural gas and even coal.
We have a supply that is almost inexhaustible from “The People’s lands”. Yet however we are being starves from these deposits, by radical groups of environmentalists. Mitt Romney will open the spigots so energy flows freely, and not only will reduce the U.S. Treasury deficit of $16 trillion dollars, but we have enough over to sell to our friends abroad. Subsequently over time we can slowly insist the energy companies to develop new methods of cleaning their energy products.
The TEA PARTY is the only true way to invest in the future America, along with a few morally upright Democrats and Republicans. So much needs to be done, since we have been betrayed by both parties. The political issue that is ordained to be of paramount importance to citizens is the illegal immigration storm. Although the overall economy and jobs maybe at the top of the list, it is connected to illegal aliens coming through our borders, or just overstaying visitors or tourist visas. So many problems are associated by the unfettered movement throughout this sovereign nation that our financial system is affected by people with no status? The courts have determined we must give them free health care and this has accelerated under Obamacare, as it will surely attract more people from every country, who can afford an airline ticket?
Not forgetting the mass surge from central and South America who are already crowding the frontier towns in Mexico and is an imminent disaster. These are unfunded mandates of Education for foreign kids and medical treatment for the whole extended family, as they use the smuggled child as a ‘foothold’ to gain entrance to America. States forfeit their rights as we have seen in the intimidation of frantic states trying to survive the illegal immigration invaders. Arizona has been hit the hardest as they are the first stop once slipping by the U.S. border Patrol and the radical illegal immigration organizations that are trying to distort the law. With the backing of the ACLU (created by Communists) and other advocacy groups, who are for open border, believing that we should house, medicate and educate every impoverished individual claiming some right to be here.
THIS COUNTRY DOES NOT HAVE FINANCES TO SUPPORT THE MILLIONS OF PEOPLE WHO WANT TO COME HERE; LET ALONE THE 20 MILLION ALREADY LIVING HERE USING STOLEN IDENTIFICATION DOCUMENTS. Many states are weighted down Liberal assemblies, such as the spotlighted state of California, shuddering from job losses and an economy that’s failing, with the chance of filing bankruptcy. Illegal Immigration has been costly situation that for decades has doubled, tripled into the millions, that state taxpayers are forced to pay, with no relieve is sight—and never will under the intense influence of either the Democrats, Republicans and in certainly not the Liberals and their agenda of political correctness.
Brittanicus posted at 6:04 pm on Wed, Jul 18, 2012.
Then what about the war in Afghanistan, fighting the Taliban? After 10 years what have we accomplished? Nothing! Over 2000 American troops have given their lives, and we are sending 8 billions of dollars a month to a very corrupt government. Like most of
the Middle East they are still living under archaic laws, where women have no rights. This is disgusting and morally wrong. Lets bring our brave troops home and spend our money on a deteriorating infrastructure of roads, bridges, tunnels Let’s spend our money on a real border fence and a National Guard fully armed to halt the drug cartels, and the never ending stream of criminals and illegal aliens. The billions of dollars spent on protecting other countries, should go to our elderly folk, our homeless and our military when they come home.
We have unfair tax system that awards only the privileged, the wealthy, the corporations and many other powerful entities with many paying nothing into the tax pool. The TEA PARTY LEADERSHIP will rescind and bring into service a much more fair and impartial system.
Pro-sovereignty organizations are stirring rightfully the pot, as it’s no longer just Obama’s mentors pressing for immigration rights; not of course determining the difference between those who legally came here and the larger majority that disrespected the laws and entered anyway? Of course this has been duly noted by both parties, but they too have disregarded the invasion and allowed it to happen. Illegal immigration to Border States has become a very expensive proposition, in some cases billions of dollars for the uncompensated health care, education, with the dollar figure rising all the time.
Only two bills that is designed to remove illegal aliens from the workplace, remains in inert and that being ‘THE LEGAL WORKFORCE ACT’ (H.R. 2885), known through the business world as E-Verify and a very urgent measure and bill known as ‘THE BIRTHRIGHT CITIZENSHIP ACT (H.R.140). If all citizens and lawful residents bombarded each and every Senator, Congress person with these demands an enacting these laws, it would slowly but surely close to deliberate loopholes to halt illegal immigration. Further the TEA PARTY also supports these laws, but both parties in the aisles of CONGRESS, refuse to enact them. From what I have read, most have come to the realization that any law is subdued, so both parties can get more votes or illegal workers. Otherwise doesn’t it make more sense to make illegal entry or purposely staying as a criminal FELONY?
The Department of Justice have attacked the sovereignty of individual states, but do nothing—NOTHING—against sanctuary states and cities that undermine the ‘’ is Federal Immigration and Nationality Act Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)
‘"Any person who . . . encourages or induces an alien to . . . reside . . . knowing or in reckless disregard of the fact that such . . . residence is . . . in violation of law, shall be punished as provided . . . for each alien in respect to whom such a violation occurs . . . fined under title 18 . . . imprisoned not more than 5 years, or both."
The TEA PARTY will enforce these laws and hold accountable Democrat Governor of Deval Patrick who has indicated that he will protect illegal aliens from ICE, Liberal Mayor of Los Angeles Antonio R. Villaraigosa, who allegiance is to Mexico and not in protecting the citizens of the county. Mayor Rahm Emanuel of Chicago who has publicized he will not cooperate with ICE, so he will also face harsh sanctions. That every Governor, Mayor and elected official who is pandering to Illegal aliens, ‘NOT LEGAL IMMIGRANTS’ must be deported for breaking our laws.
Join the TEA PARTY in your town, your city and see the change in America, see a real change. There will never be any change under a majority of Democrats or even the Republicans. Keep on voting in TEA PARTY leadership that can change America forever. Either President Obama or Former Governor Mitt Romney should be answerable to ‘The People’ as with a Liberal Progressives Socialist agenda and limit the powerful Capitalist machine are wrong and will be ended by the millions of TEA PARTY voters. Voting for Obama just means more taxes and more spending. But by voting the TEA PARTY GUIDANCE into the Republican Party, we can alter the route of the GOP leadership and remove the incumbents and rebuild the party into a true conservative party? We can shut both political parties by ushering in as many TEA PARTY politicians into Congress, to do our bidding.
Read about the corruption in your state, the federal government at ‘Judicial Watch’. Read about your taxpayer money going to support the illegal alien invasion at NumbersUSA. For the Democrats elicit Votes and for the Republicans slave labor. IT MUST STOP?
chuckles3 posted at 6:37 pm on Wed, Jul 18, 2012.
I guess we should keep challenging Obamacare in the courts too until we get the result we want.
What a crock.
Masterrogue666 posted at 7:52 pm on Tue, Jul 31, 2012.
Of all the ILLEGAL ALIENS (or FOREIGN INVADING NATIONALS, you choose) that are in this country, what nationally happens to be the greatest in number?
That is why they whine, although they do not have just cause....