United States District Court Blocks Portions of Arizona’s Immigration Law

On June 28, 2010, a federal judge in Arizona issued an order blocking portions of Arizona's new immigration law from going into effect the next day. The preliminary injunction temporarily prohibits enforcement of certain sections that the court found were likely preempted by federal law, and were the most troubling provisions of the law. They include:

• The requirement that police officers investigate the immigration status of all individuals they stop who the officers suspect are in the country unlawfully;
• The mandatory detention of individuals who are arrested, even for minor offenses that would normally result in a ticket, if they cannot verify that they are authorized to be in the U.S.;
• The new statute imposing state criminal penalties for non-citizens failing to register with the Department of Homeland Security or failing to carry registration documents;
• The provision for warrantless arrest of individuals who are deemed by state or local police officers to be "removable" from the U.S.; and
• The new state statute making it a crime for alleged undocumented immigrants to work.
   

Today's ruling was issued in a lawsuit brought by the Department of Justice, but vindicates similar claims made by the American Civil Liberties Union and a coalition of civil rights groups in a separate lawsuit challenging the discriminatory measure.

The blocked provisions were also included in the Nevada immigration initiative petition, which in the face of lawsuits by the ACLU of Nevada on behalf of NAACP and a gun rights activist as well as tourism groups and other community leaders (the Open for Business Coalition), was recently withdrawn. Opponents to enacting similar laws in Nevada point out that, not only are such laws unconstitutional, they will also harm Nevada's tourism industry, require vast sums of money to implement, and trigger costly litigation.

“When Arizona is embroiled in litigation – and when a judge has already blocked parts of SB 1070 – it would be especially ill-advised to consider bringing a version of Arizona's law to Nevada,” said Maggie McLetchie, Interim Southern Program Director and Staff Attorney for the ACLU of Nevada.

The ruling on Arizona's law echoed concerns brought up by opponents of the bill and similar measures about government intrusion. United States District Court Judge Susan Bolton noted that portions of the law enjoined from enforcement would increase “the intrusion of police presence into the lives of legally-present aliens (and even United States citizens). . .” The sections would also increase the number of requests for determinations of immigration status, diverting resources from the federal government's other responsibilities and priorities.

The Court agreed with the Unites States' argument that “the federal government has long rejected a system by which aliens' papers are routinely demanded and checked.” That requirement “imposes an unacceptable burden on lawfully-present aliens.” Judge Bolton further noted that the portion of Arizona's law that allowed an officer to arrest a person without a warrant if the officer has probable cause to believe that ‘the person to be arrested has committed any public offense that makes the person removable from the United States[,]” was improper. She ruled that enforcing that statute would “impose a ‘distinct, unusual and extraordinary' burden on legal resident aliens that only the federal government has the authority to impose.”

Anthony D. Romero, Executive Director of the ACLU responded to the ruling saying, "This is a major step that will help protect the residents of Arizona against racial profiling and discrimination, and the Obama administration deserves praise for its principled decision to challenge this law despite pressure to stay silent. A single state's frustration with federal policy cannot be allowed to hijack federal authority or dictate federal priorities in ways that impede effective law enforcement, threaten the rights of citizens and non-citizens alike and violate core American values."

The court did not block the provision that criminalizes the solicitation of employment on public streets or the provision that forbids local police agencies from adopting policies that limit or restrict enforcement of federal immigration laws. Those portions are slated to go into effect at 12:01 a.m. on Thursday, July 29. 

Take Action: Sign the petition to all state Governor's asking them to make sure what happens in Arizona stops in Arizona.

Additional Information

- ACLU video about how the SB 1070 invites racial profiling
- Additional information about the Arizona law 
- Opinion from the United States District Court for the District of Arizona
- Information about the attempt to bring a similar law to Nevada