The “papers please’’ provision of Arizona’s SB 1070 is now in effect.
U.S. District Court Judge Susan Bolton signed the formal order Tuesday dissolving the injunction she issued more than two years ago blocking the state from enforcing key provisions of the 2010 law. And she refused to reconsider a request by civil rights groups for a new injunction on different grounds.
Bolton’s long-expected move came after the U.S. Supreme Court ruled in June that she was legally incorrect in enjoining the section which requires police to question those they have stopped if there is reason to believe they are in this country illegally. The justices said there was no evidence that the Arizona law, on its face, conflicted with federal law.
Bolton’s order, though, makes permanent the injunction she issued at the same time in 2010 barring enforcement of three other sections of the law. The high court agreed with her conclusions that those provisions were preempted by federal law.
The judge’s order Tuesday, however, is not likely to be the last word on the controversial law. That coalition of civil rights groups is asking the 9th U.S. Circuit Court of Appeals to again block police from enforcing that section.
In that pleading, they argue that the U.S. Supreme Court ruling overturning Bolton’s original injunction dealt only with the question of federal preemption. This new request is based on arguments that the law will necessarily result in racial profiling.
So far, though, the 9th Circuit has yet to act on the request.
Attorney Linton Joaquin of the National Immigration Law Center said his organization and its allies believe there will be real harms to some people now that the law can be enforced.
“It’s going to cause racial profiling,’’ he said. “It’s going to cause people to be stopped because of their appearance.’’
And Omar Jadwat, an attorney with the American Civil Liberties Union, said in a statement that the law -- and specifically this provision -- “has opened the door to racial profiling, wrongful detentions and arrests, putting everyone’s civil rights at risk.’’
But Gov. Jan Brewer, who signed the measure into law, pointed out that SB 1070 allows an inquiry about immigration status only after someone has been stopped for some other reason. And the governor said she is has “full faith and confidence’’ that state and local police can enforce the law fairly and impartially.
“They bring their training and experience to this important task, as well as a solemn commitment to service the public, protecting our citizens and upholding the law,’’ she said in a prepared statement. “That means all of our laws, including those barring racial profiling or discrimination.’’
SB 1070 does have a provision which requires it to be enforced consistent with existing anti-discrimination laws. But it does allow someone’s race to be used as a factor, though not the only one, in determining who to question.
In reviewing the law, the Supreme Court pointed out that current Arizona law already permits individual officers, using their own judgment, to question those they have stopped about their immigration status. But Joaquin said what makes SB 1070 legally problematic is turning that option into a mandate.
“What police can already do is that when they have someone lawfully in their custody, they can ask some questions,’’ he said. Similarly, they can choose not to raise the issue and let people go on their way after dealing with the reason for the original stop.
Removing that discretion, Joaquin said, will create new problems as officers seek to verify legal presence in this country.
“It’s not an instantaneous determination whether somebody has immigration status,’’ he said. “It is, in practice, going to lead to people being detained solely for the purpose of an immigration check.’’
But it remains to be seen, however, whether it will actually lead to anyone being deported.
Earlier this year, the Department of Homeland Security revoked the agreements it had with several Arizona law enforcement agencies that allowed specially trained officers to determine if someone is in this country legally and then detain that person for deportation.
That means only a federal officer can make that determination. But the Obama administration has set out a policy of spending its time pursuing only those illegal immigrants who they consider to be high priority, including criminals and those who have repeatedly entered the country illegally.
And more recently the administration carved out an entire class of people brought here illegally as children -- perhaps as many as 1.4 million of the 12 million illegal immigrants in the United States -- who could apply for “deferred action’’ status to be allowed to remain in this country.
But if state and local police spend extra time questioning people about their status -- or waiting for a response from Immigration and Customs Enforcement -- that could prove fertile ground for future challenges to the law.
While the high court refused to preemptively bar enforcement of this section, the justices seemed interested in just how long someone might be detained beyond the time necessary just to verify immigration status.
Paul Clement, the private attorney hired by Brewer to represent the state, told the justices that such inquiries take no more than 11 minutes.
But U.S. Solicitor General Donald Verrilli, representing the Obama administration in its challenge to the law, responded that’s only half true. He said it does take 11 minutes -- but only after what could be a 60-minute wait on hold for an immigration official to answer the call.
Joaquin said civil rights groups will be watching.
“We will definitely be encouraging people to call about cases of abuse,’’ he said, adding whatever attorneys learn to the challenge to the law.
That challenge goes beyond claims that SB 1070 will necessarily lead to racial profiling.
In their legal arguments, foes of the law said state legislators acted with “discriminatory intent’’ in approving the measure, a factor they claim courts can consider when determining a statute’s constitutionality.
In approving the law two years ago, backers said they needed to act because of the failure of the federal government to secure the border. They argued that failure is placing a financial burden on Arizona taxpayers who have to provide education and certain public services to those not here legally, as well as the cost of incarcerating illegal immigrants who commit state crimes.
The civil rights groups, however, contend a review of the record suggests an ulterior motive.
“In explaining the need for SB 1070, legislators repeatedly relied on wildly exaggerated and outright false ‘facts,’ particularly regarding the alleged criminality of undocumented immigrants,’’ the opponents told the 9th Circuit. That, they said, “strongly suggests that their stated reasons for passing the legislation were pretext for unlawful discrimination.’’
And they said that lawmakers “consistently conflated Latinos, Spanish-speaking individuals, Mexicans, and the children of undocumented immigrants with ‘illegal aliens,’” even though they have a legal right to be here.
Juggernaut8000 posted at 2:22 pm on Tue, Sep 18, 2012.
This is great news and a start to reclaim this State from the droves of illegals who infest every corner of it.
I hope all states, even California, enact laws like this and the U.S. can recouperate from the onslaught it has faced in the last decade or so.
Once the states who have these laws see a drop in crime, others will follow suit. Good job Judge Bolton and I take back the nasty comment I made about you two years ago.
DonMey posted at 3:16 pm on Tue, Sep 18, 2012.
I don't understand why these cases weren't just thrown out in the first place. SCOTUS already ruled the provision legal. There is no appeal to that.
chatmandu002 posted at 3:22 pm on Tue, Sep 18, 2012.
Enforce all the laws all the time.
DonMey posted at 3:25 pm on Tue, Sep 18, 2012.
And to the lady holding the picture: yes, you do have rights. But living and working here aren't among them.
Leon Ceniceros posted at 3:35 pm on Tue, Sep 18, 2012.
OH HAPPY DAY......OH HAPPY DAY.
God Bless United States District Court Judge Susan Bolton for bringing the Rule of Law back to Arizona (and all of America too).
God Bless Rick Adams, Russell Pearce, the Republican Legislators and most of all our great Governor Jan Brewer for all of their efforts in this long, hard Constitutional struggle
NOW GO GET'UM.......SHERIFF JOE..........HEAD'UM UP....ROUND'UM OUT....AND KICK THEM BACK ACROSS THE BORDER (round up some of those femi-gnatzies and Tucson Marxists teachers too....we won't tell......[wink])
Hellraiser posted at 4:42 pm on Tue, Sep 18, 2012.
They don't have rights if they are not here legally! These people are costing the US tax payers millions of dollars a year to support them and their kids. Send them home, wherever home is..
Bodacious posted at 4:46 pm on Tue, Sep 18, 2012.
Excellent news. Unfortunately for American citizens, our President has decided, by directive, to not enforce the laws he has sworn to uphold. Instead he has declared amnesty and work permits (plus food stamps etc.) to all illegal alien criminal trespassers who vote for him. An illegal alien has to rape or kill an American citizen before he will let ICE consider deportation.[sad]
Mister Lightoller posted at 4:44 am on Wed, Sep 19, 2012.
I notice some azcentral expatriates have joined here. Good. A pox on azcentral. They never would have allowed us to comment on this story, anyway.
k33j88 posted at 6:06 am on Wed, Sep 19, 2012.
It's refreshing to see a majority of posts supporting the rule of law. Now its time to kick the marxist-in-chief out and restore dignity, integrity, and respect for our beloved flag and what it represents.
DavidNichols posted at 11:31 am on Wed, Sep 19, 2012.
Arizona:
Prepare for more "Foreclosures" , Higher cost of living, more excess Government, more "National Ballooning Deficit", more of the "Great Recession", and all of the wonderful things that go along with the aftermath of "Attrition"
This is what crashed America beginning in January 2008 with the E-verify Law, and the I.C.E. Deportation/Incarceration Programs which have persecuted America's Hardest, Most Devoted Human Workers, and has torn apart thousands of good Christian Family's, even Deported thousands of Parents away from thier Legal Citizen Children!
This is "The Wrong Road America is on!"
This is our I.C.E.'d Economy.
The Racist's and White Supremacist Extremist are all for Ethnic Cleansing, and are aligned with Jan Brewer and her Racist SB1070.
"America is great because it is good, when it ceases to be good, it ceases to be great."
Alex De Tocqueville
Many deserve the ill effects this Racism, and Hate will further cause to America's already Crashed Economy.
Wake up America, we are Far Better!
To: Good once again in America?
DonMey posted at 12:21 pm on Wed, Sep 19, 2012.
Ah yes, we can't have a discussion about illegal immigration (NOT the same as legal immigration) without some juvenile jumping in and screaming the race card.
DonMey posted at 12:23 pm on Wed, Sep 19, 2012.
California passed a law and Pelosi told Gov Brown to sign it: They want to make it illegal for local police to detain an illegal immigrant, even if ICE tells them to keep them in custody. Basically, they want illegal immigrants to be unprosecutable for anything less than a felony...amnesty for more than just being here illegally. Amazing.
Deddzone posted at 9:03 am on Thu, Sep 20, 2012.
The Supreme Court yankd the teeth out of SB1070. I am all for stopping illegal immigration, but that law must be Constitutional