Attorneys involved in a separate challenge of Arizona’s immigration law are weighing whether — and how soon — to seek their own injunction to stop the law from taking effect.
Alessandra Soler, director of the Arizona chapter of the American Civil Liberties Union, said Friday the lawyers in that parallel case believe they already have evidence that Hispanics are likely to be the victims of racial profiling if SB 1070 is allowed to go into effect. The question that remains, she said, is whether to wait until that happens or seek to intercede now.
But Victor Viramontes, senior counsel for the Mexican American Legal Defense and Educational Fund, said he believes there is a strong case to be made to seek a new injunction, this one based on the likelihood that there is no way SB 1070 can be enforced in a constitutional manner.
There is a small window of time to make a decision.
The 9th U.S. Circuit Court of Appeals said it will not schedule a hearing before July 20 of what to do in the wake of Monday’s ruling by the U.S. Supreme Court upholding a key provision of the controversial 2010 law.
That provision requires state and local police to check the immigration status of those they have stopped if there is reason to believe that person is in the country illegally. The appellate court had previously sided with U.S. District Court Judge Susan Bolton who concluded that provision is preempted by federal law.
And even at that point, the appellate court ultimately would have to send the case back to Bolton who issued the original injunction.
The question of what to do next arises because the case decided Monday by the high court never addressed the allegations by the ACLU, MALDEF and others in their own legal challenge to the law that there is no way for that provision to be implemented without discriminating against people based on their race or national origin. In fact, U.S. Solicitor General Donald Verrilli Jr. conceded during questioning by the justices that the arguments by the Obama administration against SB 1070 were totally unrelated to issues of profiling.
Soler said one option now is to wait until the original injunction against the provision is dissolved and see what happens. But she said that may not be necessary, citing the allegations in the lawsuit filed by the ACLU, MALDEF and others.
“We provided them with plaintiffs who either had been asked for proof of citizenship and either had been stopped a couple of times in April (2010) or would be harmed if the law went into effect,” she said.
That first group, Soler said, is significant because they were already being targeted after Gov. Jan Brewer signed the law but before it was even scheduled to take effect.
The second group, she continued, consists of people who are “here with permission of the federal government but didn’t have appropriate documentation.” These include domestic violence victims who have sought permission to remain in the country but are technically not legal residents.
Viramontes said the issue is even more basic than that.
He noted that Justice Anthony Roberts, in writing Monday’s ruling, said the state can ask questions of legal presence of those they already have stopped. But Viramontes said the court essentially said that questioning becomes illegal when someone is detained for any period longer than necessary to deal with the original reason the person was stopped.
Roberts, however, gave no indication of at what point, in terms of minutes, a legal stop becomes illegal. Viramontes said that pretty much makes SB 1070 unenforceable in a legal way.
“Can police officers be asked to apply something that the Supreme Court doesn’t even know what it means?” he asked.
That challenge to SB 1070 in which the ACLU and MALDEF are involved actually was filed prior to the decision by the Obama administration to seek to overturn the law on grounds of federal preemption. But Bolton opted to have a hearing on the federal case first and issue the injunction based on those preemption issues.
In the interim, she has essentially allowed other challenges to languish, awaiting the Supreme Court ruling.
That decision on Monday eliminates at least some elements of other challenges.
In their ruling, the justices struck down three other provisions of the law which had been at issue.
These included making it a state crime for an undocumented worker to seek employment in the state, criminalizing under state law the failure to carry certain federal immigration documents, and allowing state and local police to detain someone who is guilty of an offense that makes them deportable under federal immigration law. In each case, the majority of the court said, Arizona was illegally infringing into an area which is exclusively the province of the federal government.
Soler, however, said the elimination of those provisions does not make what’s left — which foes have dubbed the “papers please” provision — any more acceptable. She called it “the most dangerous provision” of the 2010 law.
Challengers in this parallel lawsuit already have won at least one legal battle.
Last month, Bolton ruled that the plaintiffs in this case do have legal standing to challenge the law. She said they had presented enough evidence to show they could be personally affected if the state begins enforcing the law because they might be targeted because of their physical characteristics or their limited ability to speak English.
Attorneys for the state called all that “speculative.” But Bolton said the very nature of SB 1070 makes it clear that those factors are likely to make them targets.
Masterrogue666 posted at 8:06 am on Sat, Jun 30, 2012.
Since over 80% of ILLEGAL ALIENS are Hispanic, the "Law of Averages" dictate that the majority of those caught will be Hispanic.
As long as each person that's unable to produce valid id is considered a possible ILLEGAL ALIEN (because SOME ILLEGAL ALIENS are fluent in English), I don't see a problem.
Leon Ceniceros posted at 10:40 am on Sat, Jun 30, 2012.
This is about the 3rd photo that this Newspaper has used showing members of ...
Promise Arizona which supports Illegal Alien Amnesty.
HOW ABOUT SOME BALANCED JOURNALISM FOR A CHANGE....HOW ABOUT A PHOTO OF NATIVE-BORN, LEGAL OR NATURALIZED ARIZONA AMERICANS WHO DO NOT WANT 400,000 CITIZENS OF MEXICO, HONDURAS, GUATAMALA, EL SALVADOR AND POINTS SOUTH WHO HAVE ENTERED THEIR STATE ILLEGALLY (AND USUALLY WITH 40LB BACKPACKS OF MARIJUANA, HEROIN, COCAINE OR METH STRAPPED TO THEIR BACKS) ???
Brittanicus posted at 12:42 pm on Sat, Jun 30, 2012.
ILLEGAL ALIENS WILL BE ARRIVING HERE IN THE MILLIONS FOR FREE HEALTH CARE.
WE ARE ALL FOOLS, BECAUSE NOT ONLY DO WE MINDLESSLY HIRE THE SAME POLITICIANS EVERY TIME, BUT DO NOT CONTACT THEM ABOUT THE LAWS THEY ARE SUPPOSED TO UPHOLD. ONLY THE U.S. TEA PARTY WILL DO EXACTLY THAT. NOT THE BARACK OBAMA’S OR THE MITT ROMNEYS? GET YOUR HEADS OUT THE SAND?
HERE is a summary of the Constitutional TEA PARTY ideology, which from its inception has advocated a halt to illegal immigration that Democrats, Liberals or Republicans pay lip service too. Since the 1986 fraudulent amnesty illegal immigrants and migrants has poured into America, through a border that still remains porous. The television broadcasts of CNN, ABC and other stations always show the huge steel reinforced fences between Mexico and the United States. This is misleading as further along the demarcation between two countries, there is nothing more than a few thin strands of rusty barbed wire. Go to ‘AMERICAN PATROL, to be enlightened about the true length of the border fence and other details. For every Democrat, Liberal or Republican incumbent in office, we need to replace with an honest fresh face TEA PARTY leadership. We must stop President Obama’s ‘Tax and spend” epidemic or Mitt Romney potential to press for better advantages for Wall Street and financial institutions.
Just today with the stunning news the Supreme Court in supporting ObamaCare, could be yet another nail in America’s economic coffin. This is going to further encourage illegal alien absconders from poverty stricken countries, to bring their sick by international flight or through state borders ; people needing FREE treatment as an appendicitis to major surgeries, will arrive here and because of federal mandates American taxpayers will be further raped to pay for these unfunded mandates. Millions will try to slip through our Borders or fly into America, because of the Democrats and it’s financially in our laps.
IT is the Time of the PEOPLE’S PARTY. It is the time for the moderate TEA PARTY, not the far left or right. The TEA PARTY is complimented by man/women; African, White, Hispanic, Asian and other Americans of different nationalities. The TEA PARTY is a wealth of different religions, faiths, gay and ordinary people of every walk of life. Remember a large perpetual majority who votes for President Obama for a second term could are most liable none citizens or American citizens who spend their days watching TV, selling drugs, couch potatoes, collecting public assistance, food stamps and living off the rest of us as parasites. These are the people who want something for nothing. THE TEA PARTY BELIEVES IN INDIVIDUAL CHOICE, NOT RELYING ON GOVERNMENT FOR EVERYTHING. Illegal aliens don’t just come here for jobs but to pilfer state treasuries because elected officials have allowed this to happen. As an example of states in big trouble every month the Sanctuary State of California--as just naming one haven has a deficit of $15.7 Billion dollars, with over $1 billion dollars annually soaked up by illegal alien welfare and rising. And according to the American Federation for Immigration Reform (FAIR) another similar Amnesty for the 20 plus million already here is estimated to cost the legal American population 2.4 Trillion dollars.
The exception is the sick and true disabled human beings, the honest unemployed, so think of their dilemma that taxpayer money should be assisting citizens, instead of illegal aliens. If you are frustrated with feeding the rest of the world, unable to get a decent job then join the TEA PARTY. The controversial immigration debate and the problems it has brought; it is a theft of your taxes. Obama’s new the rules and regulations have been forced on American with its so called ‘Political Correctness’ along with its growing taint of a growing Socialism agenda impregnating young minds in the schools and universities. President Obama has placed obstacles to halt the extraction of valuable energy resources in a time of urgent need. This administration has squashed efforts to extract oil, natural gas and coal; that we could lower the expenditure from transportation and we could sell residual amounts to friendly foreign countries. The progressive’s zealots in the environmentalist world have stopped the laying of oil pipelines from Canada to Texas, when America could be self sufficient and not relying on Saudi Arabia, and other foreign potentates. Shouldn’t we become a creditor again, instead of a debtor to China and other investing countries?
This is the time when every American who believes in the ‘Rule of Law’ and steps forward to let their Senator or Congress person knows how you will vote. Bombard politician’s aide, that you insist the lawmaker sponsor E-Verify and the Birthright Citizenship bill (H.R.140). NEITHER PARTY DOESN’T SEEM TO CARE THAT THIS COUNTRY IS BEING OVERWHELMED BY THE POVERTY FROM SOUTH OF THE BORDER, BUT ALSO A MAGNET TO MILLIONS OF PREGNANT WOMEN WHO ONCE ARRIVE HERE CAN STEAL THE WELFARE OF AMERICAN FAMILIES. ONCE SMUGGLED THROUGH THE BORDER OR STEP OF A PLANE, 400.000 ILLEGAL ALIEN MOTHERS ANNUALLY CAN REAP THE REWARDS OF CRIMINALLY ENTERING THE UNITED STATES. THIS PUBLIC HELP SHOULD BE GOING TO OUR OWN CITIZENS NOT TO EDUCATE FOREIGN CHILDREN OR FREE MEDICAL CARE, THAT TAXPAYERS EVENTUALLY RECEIVE THE BILL.
Citizen voters should phone Congress at the central Switchboard at 202-224-3121. Insist YOUR CONGRESSPERSON TO accomplish their obligation to the oath of office and stop rewarding the businesses that use cheap labor or the pro-illegal alien lawmakers that are desperate for votes, no matter illegal or legal. By only voting for those who favor the TEA PARTY ideology is the veil of corruption going to be lifted from American politics. Use the power of your VOTE to demand politicians sponsor good policies or we are destined to become like Europe, besieged by the poverty from other countries.
bblade50 posted at 12:45 pm on Sat, Jun 30, 2012.
Back i the 50's 60' Chicago police target blacks for traffic stops before whites because they tryed to control and keep them i one area of the city Millions of dollars later and thre federal courts telling them they couldn't do that they finely stop There is no difference now xcept the people. I readly don't what top go back to that time period nor have millions of dollars taken away from more needed programs that this state needs
borderraven posted at 7:54 pm on Sat, Jun 30, 2012.
victor0645 posted at 11:06 am on Sat, Jun 30, 2012.
"How many of you whites out there carry an ID with you where ever you go?"
I carry 5 photo ID "DL, Retired Military, VA Medical, US passport & Senior) and a SSN card all the time. Children 10 years old and older should carry Military Dependent's ID, School ID, Library card, Boys & Girls Club, DL, etc.
Poorman posted at 6:13 am on Sun, Jul 1, 2012.
I have to say that poster phxvato1202 is a real brain surgeon! I usually don't respond to most of the posts on here,as i try and consider the sources,but i just couldn't pass this one up. What a winner this poster phxvato1202 is!!!,a real seemingly brain dead wizard. The rest of you folks have a good day.
Masterrogue666 posted at 8:34 am on Sun, Jul 1, 2012.
@phxvato1202: Actually, the information has recently been updated. Now it's near 78%, but last time I checked, it was listed as 83%. However, since there is no EXACT COUNT, the best anyone can do is guess.
When/where have I expresse ANY HATRED for Hispanics? Does that mean that I must "hate" some of my friends because they happen to be Hispanic? Before you call me a racist, how about providing some PROOF FIRST!
It's been my experience that those persons that accuse others (falsely) of being racist, are themselves racist.!
http://en.wikipedia.org/wiki/Illegal_immigration_to_the_United_States
Accuracy posted at 6:18 pm on Sun, Jul 1, 2012.
There are hundreds of thousands of deportable illegal aliens apprehended in Arizona each year and there are 11.5 million illegal immigrants living in the U.S. without legal status. Highway signs, warning the traveling public about possible speeding smugglers carrying weapons, are displayed in parts of Arizona.
The Supreme Court approved the provision Section 2(B) in Arizona's SB 1070 immigration law that requires police to check the immigration status of those they stop for other reasons, such as a traffic violation.
The high court ruled that, as written, this provision did not conflict with federal law. But, the high court made clear that they'll be monitoring enforcement of Arizona’s law, to ensure it doesn't lead to racial profiling or other constitutional violations.
The ACLU is one of many groups seeking to overturn the Arizona’s law and is pushing a separate lawsuit by a small group of Latinos.
Since the U.S. Supreme Court struck down key provisions of Arizona's immigration law, a chorus of experts, activists and elected officials renewed a call for Congress to reform immigration laws at a federal level.
The House Select Committee on the State's Role in Immigration Policy is preparing a report that will recommend immigration legislation to the General Assembly in January, 2013.
Jesus Christo de Nogales posted at 11:16 am on Mon, Jul 2, 2012.
Didn't Obama take an oath of office when he became President? Didn't that oath require that he agree to uphold not only the Constitution of the United States but also the laws of the United States? Who or what gives him the right and power to selectively inforce the existing Immigration Laws? After all, last time I checked, there is a law that addresses this issue very specifically. And the law does not say "at the Presidents discretion.” Illegal entry is not a pathway to a work visa or amnesty.
Engaged Voter posted at 12:13 pm on Mon, Jul 2, 2012.
Arizona Constitution
Article 28
Section 35. Actions by illegal aliens prohibited
A person who is present in this state in violation of federal immigration law related to improper entry by an alien shall not be awarded punitive damages in any action in any court in this state.
The judges in the state cases need to remember this!
VofReason posted at 12:39 pm on Mon, Jul 2, 2012.
I think the people who complain the loudest about this need to come clean and say they don't like it becuase they are in favor of open borders and amnesty. Anything less is being disingenuous. How many people think that if they are doing something that intiates a police officer to stop you, that he/she will not ask you for identification and registration if driving? Are we suppose to think that now Hispancis are being harmed if they have to do the same? This is insane.
VofReason posted at 12:41 pm on Mon, Jul 2, 2012.
It would seem the ACLU and the Amnesty are Us gang would like us to believe that we should be more concerned about the police then about illegal aliens. Again, this is insane. The fact that anyone has to respond to this insanity tells you what cowardice we have in the leadership of this country.