Attorneys for Arizona have asked a federal judge to reject a new bid to block a key provision of SB 1070 from taking effect.
In legal papers filed late Friday in U.S. District Court, lawyers for the state said claims by foes of the law that it will necessarily result in racial profiling are "entirely speculative.'' And John Bouma, the lead attorney for Arizona, pointed out that the statute itself "expressly prohibits racial profiling.''
It will be up to Judge Susan Bolton to decide whether what foes have dubbed the "papers please'' provision of the 2010 law aimed at illegal immigrants can take effect.
She is under a deadline of sorts.
The U.S. Supreme Court ruled in June that Bolton acted improperly in granting an injunction in 2010 against the same provision even before the law took effect. And earlier this week the 9th U.S. Circuit Court of Appeals, which had previously sided with Bolton, sent her an order formally informing her of the high court's ruling.
But that injunction remains in place until Bolton acts. In the interim, opponents are hoping to get a new bar to the law.
Central to the fight is Section 2(B) of that law which says that police officers are required to check the immigration status of those they have stopped if there is reason to believe they are in this country legally. Bolton, ruling in a challenge brought by the Obama administration, said that provision illegally infringes on the exclusive right of the federal government to regulate immigration.
The Supreme Court disagreed with her on that point. But they did agree that she was correct in blocking three other provisions as preempted, including one that would make it a state crime for someone not in this country legally to seek work in Arizona.
In this separate legal action, opponents noted that the justices, in upholding Section 2(B), never addressed whether questioning people about their status would automatically violate the rights, at least in part because of the length of time they would be detained.
The challengers, including the American Civil Liberties Union, the National Immigration Law Center and the Mexican American Legal Defense and Educational Fund, contend 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.' ''
Bouma countered that Gov. Jan Brewer specifically directed the Arizona Peace Officers Standards and Training Board to prepare materials to help officers enforce the law in a racially neutral way. And Bouma said police departments already are doing in a voluntary fashion what SB 1070 would make mandatory -- and doing it "in a racially neutral way.''
He cited statements by Pima County Sheriff Clarence Dupnik who said that the Supreme Court's decision allowing enforcement of Section 2(B) "will have no bearing on how his deputies go about their patrols'' because "the department already enforces federal immigration law by referring people it suspects are here illegally to the Border Patrol.''
Bouma also took a slap at Tucson Police Chief Roberto Villasenor.
The chief, in an affidavit provided to challengers, said that if his officers cannot get immediate answers about the immigration status of those they have stopped, people either will be detained for extended periods or booked into jail to await results. "Either scenario will result in extended detention of thousands of individuals -- even if it is for brief periods of time,'' Villasenor wrote.
Bouma pointed out Tucson Police have a standing order prohibiting racial profiling. Yet those rules also tell officers what to do if they suspect someone they have stopped is illegally in the country.
"It defies logic to suggest that Tucson law enforcement officers can develop reasonable suspicion of unlawful presence without Section 2(B), but could not develop such reasonable suspicion of unlawful presence if Section 2(B) is enforced,'' Bouma wrote. "Villasenor's declaration is therefore patently self-serving, speculative and unreliable.''
Bouma also brushed aside claims in the request for the injunction that "racial and national origin discrimination was the motivating factor for the law.''
One of the arguments presented was that Arizonans voted in 2006 to make English the state's official language. Challengers said actions targeting Spanish "can be a pretext for discrimination due to the close connection between the Spanish language and a specific ethnic community.''
Bouma said there is "absolutely no evidence'' to support the claim that the more than 1.1 million people who voted for that amendment did so for discriminatory purposes. Anyway, he noted, Arizona is one of 31 states to adopt English as its official language.
On a narrower legal perspective, Bouma said that anyone seeking an injunction must show "irreparable harm'' if the relief is not granted. He said the mere risk that someone will be unlawfully detained is not enough.
Challengers now have until Aug. 20 to reply to what Bouma filed. At that point it will be up to Bolton to decide if she wants both sides to make arguments in person in her courtroom.
Gubernatorial press aide Matthew Benson said his boss believes that, with the earlier Supreme Court ruling, SB 1070 should be allowed to take effect.
"Gov. Brewer has full faith and confidence that Arizona's law enforcement can implement SB 1070 without stepping on anybody's civil rights or engaging in racial profiling,'' he said.
Jesus Christo de Nogales posted at 12:07 pm on Wed, Aug 15, 2012.
Mr. Owebama. How is allowing 1,760,000 illegal occupiers to stay in the US and giving them work permits going to help lower unemployment? Do you not understand that these young, educated, motivated and potential small business creators are the only possibility for improving the standard of living in the poor Spanish speaking countries? And you want to keep them in the US instead of helping our poor neighbors? Shame on you! No wonder the Spanish speaking peoples of the world hate the United States that steals their best and brightest. Shame on you.
Americans need to unite to help Mexico and Central America by returning these illegal occupiers back to their home land. You keep them in the US and you are only helping one person. Send them back and you are helping millions. Are you with me America?
Owebama hates Mexico!
Juggernaut8000 posted at 6:16 am on Wed, Aug 15, 2012.
Jose,
Then what are your goals? To allow all of your dirty family members and friends across our border to rape the American system? If you are actually an American, you should be on the other side of that protest and be against illegals who are invading your Country.
If you are an American, you should help keep out people who shouldn't be here illegally. What if the onslaught of illegals were Asian, or Arabic, or from Europe. Would you still want them here? Or do you want illegal mexicans here and nobody else? You see mexicans as your people and your people are Americans stoop. (If you are actually here legally).
Accuracy posted at 8:39 am on Mon, Aug 13, 2012.
HRPuckinfutz is only boosting for Obama amnesty; Or those 300,000 illegals that the Obama administration ordered a year ago to become eligible for work permits.
Current legal immigration into the United States is now approximately 950,000 people per year. While an average of 300,000 to 400,000 people immigrate illegally into the US . . . which are not all seasonal agricultural workers.
It’s the ongoing hot and dry weather this year, that has hit farm production and major corn producing states, that has lead to record droughts, and will be causing food prices to rise significantly soon. Already the U.S. Department of Agriculture is predicting that food prices will rise by as much as 3.5 percent starting later this year and into next year, and it also predicts that beef prices will rise as much as 10 percent through next year.
mrjosezero posted at 3:19 pm on Sun, Aug 12, 2012.
@Juggernaut8000 we are not illegal and we will not stop until our dreams come true
HRPuckinfutz posted at 12:26 pm on Sun, Aug 12, 2012.
It amazes me how ignorant people are about illegal immigrants. Deport all the illegal immigrants and watch the prices of just about every necessity skyrocket. It is estimated that there are 300,000 illegals working in the farming industry for less than minimum wage, tending the fields, harvesting the produce. Deport these illegals and watch food prices skyrocket as food shortages will plague the US. I have seen the illegals on their hands and knees weeding the fields in 115 degree heat. How many Americans do you think would want that job? The union representing the farming industry advertised 300,000 jobs. They received about 4,000 applications, and half of those were jokes. Sure, get rid of the illegals. That will hit your wallet far more than having them here. They do the jobs nobody else wants to do. They do it for less than minimum wage. They serve a purpose.
greenhorn posted at 11:50 am on Sun, Aug 12, 2012.
asd;fljasld
Juggernaut8000 posted at 9:51 am on Sun, Aug 12, 2012.
All those dirty illegals who are opposing SB1070 need to be deported.