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Judge Weakens SB 1070, Puts on Hold Law's Punching Effects
Phoenix, Arizona – As a threatening hurricane that weakens before
reaching its path of destruction, the potential crackdown effects of
Arizona immigration law SB 1070 were at least temporarily diluted by
U.S. District Judge Susan Bolton.
Judge Bolton’s ruling does not eliminate the entire SB 1070 law,
rather prevents its most damaging provisions against undocumented
immigrants from going into effect in less than 24 hours.
The judge’s ruling provides some relief for immigration reform
advocates and the Arizona’s undocumented population, and creates
a lengthy legal process that will likely disrupt the intended general
punch of the controversial law.
The delays placed on parts of SB 1070 by Judge Bolton virtually leave
Arizona in the same legal scenario for immigrants who lack legal
status, plus some exceptions.
The key sections of the law like the one that would have required
immigrants to carry their identification documents at all times, the
solicitation of employment in public places, and the provision for
warrantless arrests of individuals suspected of being illegally in the
country have been put indefinitely on hold, and until the cases
against SB 1070 are fully analyzed in court.
SB 1070, Only a Link in a Long Chain of Laws
How would have things been different after the full implementation
of Arizona’s Law SB 1070? Was the state going to be free of
undocumented immigrants? Would Arizona have been on the path of
prosperity by getting rid of those blamed for the drainage of social
resources and employment opportunities?
Even with the full implementation of SB 1070, for years, the quest of
politicians like Senator Russell Pearce has been to crackdown on
what he, others, and a large part of society see only as a nuisance
and a burden to public budgets. Each new including SB 1070 law
seem to prove the ineffectiveness of this type of legal measures.
Even long before SB 1070 and through other direct and similar
legislation, Arizona’s government has been trying to systematically
limit the already narrow ability of immigrants to prevent them from
obtaining employment, having access to public services and
programs, or applying for basic documents such as a driver license.
At least in writing, even employers have been the aim of strict laws
to prevent them from hiring illegal immigrants. Other laws have been
directed to the human smugglers and the immigrants themselves.
When it comes to the enforcement of some of these laws, Arizona
has witnessed since 2007 regular raids to arrest undocumented
immigrants conducted by agencies like the Maricopa County Sheriff’s
Office (MCSO). This police force and others in Maricopa and other
counties have been more or less active in arresting immigrants using
local laws or in applying programs like the 287 (g), a federal
partnership with federal authorities.
While the focus has been placed on the MCSO –likely due to the
celebrity-like persona of the office’s head Sheriff Joe Arpaio–, police
departments of cities like Phoenix or Mesa have also been actively
enforcing immigration-related laws, busting “safe houses,” detaining
immigrants and then transferring them to Immigration and Customs
Enforcement (ICE).
With at least half of the legislative measures enacted and half of the
local enforcement efforts, Arizona should have been a place with
much less problems attributed to illegal immigration. However, up
until the spring of this year Arizona laws have not been effective in
deterring the influx of unauthorized immigrants.
With today’s legal action taken by Judge Bolton, SB 1070 proves to
be even a more controversial and polarizing law, and demand the full
and immediate action of the federal government to fix the long
broken federal immigration structure.
Reactions
In a prepared press release, U.S. Senators John McCain and Jon Kyl
expressed disappointment with Judge Bolton's decision.
“We are deeply disappointed in the court’s ruling today and disagree
with the court’s opinion that the Arizona’s law will unduly ‘burden’
the enforcement of federal immigration law."
The senators called it a "wasting of tax payer's resources" the filing
of a lawsuit against the state of Arizona, saying the Obama
Administration "should have focused its efforts on working with
Congress instead."
Catholic Bishops in Arizona commended Judge Susan Bolton for
"enjoining some of the more problematic provisions of SB 1070." The
conjunct statement said that they "will continue our advocacy
against the provisions of SB 1070 and will monitor the
implementation of the provisions allowed by the ruling."
Nina Perales, Regional Counsel Southwest Region for MALDEF in a
prepared statement said: "Today's ruling guts the unconstitutional
immigration scheme that Arizona wanted to establish. The judge's
decision further shows that SB 1070 is an unconstitutional attempt
by the state to take over the federal immigration system within
Arizona's borders. States around the nation should take heed that
any similar efforts will not succeed.”
U.S. Senate Candidate J.D. Hayworth (R-AZ) who is running against
Senator McCain said: "Judge Bolton has gutted the Arizona law. She
has put a hold on major sections of SB 1070 designed to eradicate
sanctuary cities and require law enforcement officers to determine
the immigration status of those who commit crimes in our state."
In a written statement, Department of Homeland Security Deputy
Press Secretary Matt Chandler expressed: “The court’s decision to
enjoin most of SB1070 correctly affirms the federal government’s
responsibilities in enforcing our nation's immigration laws. Over the
past eighteen months, this Administration has dedicated
unprecedented resources to secure the border, and we will continue
to work to take decisive action to disrupt criminal organizations and
the networks they exploit. DHS will enforce federal immigration laws
in Arizona and around the country in smart, effective ways that focus
our resources on criminal aliens who pose a public safety threat and
employers who knowingly hire illegal labor, as well as continue to
secure our border."
Carlos Garcia from the Arizona-based Puente Movement, one of the
seven individuals arrested for an act of civil disobedience last week,
said: “In Maricopa County, we’ve been living under 1070 conditions
with Sheriff Arpaio for years. Many are celebrating today because
some sections are being blocked. While they can breathe a sigh of
relief for the minimal injunction, our breath catches with the added
boots on our communities’ necks."
reaching its path of destruction, the potential crackdown effects of
Arizona immigration law SB 1070 were at least temporarily diluted by
U.S. District Judge Susan Bolton.
Judge Bolton’s ruling does not eliminate the entire SB 1070 law,
rather prevents its most damaging provisions against undocumented
immigrants from going into effect in less than 24 hours.
The judge’s ruling provides some relief for immigration reform
advocates and the Arizona’s undocumented population, and creates
a lengthy legal process that will likely disrupt the intended general
punch of the controversial law.
The delays placed on parts of SB 1070 by Judge Bolton virtually leave
Arizona in the same legal scenario for immigrants who lack legal
status, plus some exceptions.
The key sections of the law like the one that would have required
immigrants to carry their identification documents at all times, the
solicitation of employment in public places, and the provision for
warrantless arrests of individuals suspected of being illegally in the
country have been put indefinitely on hold, and until the cases
against SB 1070 are fully analyzed in court.
SB 1070, Only a Link in a Long Chain of Laws
How would have things been different after the full implementation
of Arizona’s Law SB 1070? Was the state going to be free of
undocumented immigrants? Would Arizona have been on the path of
prosperity by getting rid of those blamed for the drainage of social
resources and employment opportunities?
Even with the full implementation of SB 1070, for years, the quest of
politicians like Senator Russell Pearce has been to crackdown on
what he, others, and a large part of society see only as a nuisance
and a burden to public budgets. Each new including SB 1070 law
seem to prove the ineffectiveness of this type of legal measures.
Even long before SB 1070 and through other direct and similar
legislation, Arizona’s government has been trying to systematically
limit the already narrow ability of immigrants to prevent them from
obtaining employment, having access to public services and
programs, or applying for basic documents such as a driver license.
At least in writing, even employers have been the aim of strict laws
to prevent them from hiring illegal immigrants. Other laws have been
directed to the human smugglers and the immigrants themselves.
When it comes to the enforcement of some of these laws, Arizona
has witnessed since 2007 regular raids to arrest undocumented
immigrants conducted by agencies like the Maricopa County Sheriff’s
Office (MCSO). This police force and others in Maricopa and other
counties have been more or less active in arresting immigrants using
local laws or in applying programs like the 287 (g), a federal
partnership with federal authorities.
While the focus has been placed on the MCSO –likely due to the
celebrity-like persona of the office’s head Sheriff Joe Arpaio–, police
departments of cities like Phoenix or Mesa have also been actively
enforcing immigration-related laws, busting “safe houses,” detaining
immigrants and then transferring them to Immigration and Customs
Enforcement (ICE).
With at least half of the legislative measures enacted and half of the
local enforcement efforts, Arizona should have been a place with
much less problems attributed to illegal immigration. However, up
until the spring of this year Arizona laws have not been effective in
deterring the influx of unauthorized immigrants.
With today’s legal action taken by Judge Bolton, SB 1070 proves to
be even a more controversial and polarizing law, and demand the full
and immediate action of the federal government to fix the long
broken federal immigration structure.
Reactions
In a prepared press release, U.S. Senators John McCain and Jon Kyl
expressed disappointment with Judge Bolton's decision.
“We are deeply disappointed in the court’s ruling today and disagree
with the court’s opinion that the Arizona’s law will unduly ‘burden’
the enforcement of federal immigration law."
The senators called it a "wasting of tax payer's resources" the filing
of a lawsuit against the state of Arizona, saying the Obama
Administration "should have focused its efforts on working with
Congress instead."
Catholic Bishops in Arizona commended Judge Susan Bolton for
"enjoining some of the more problematic provisions of SB 1070." The
conjunct statement said that they "will continue our advocacy
against the provisions of SB 1070 and will monitor the
implementation of the provisions allowed by the ruling."
Nina Perales, Regional Counsel Southwest Region for MALDEF in a
prepared statement said: "Today's ruling guts the unconstitutional
immigration scheme that Arizona wanted to establish. The judge's
decision further shows that SB 1070 is an unconstitutional attempt
by the state to take over the federal immigration system within
Arizona's borders. States around the nation should take heed that
any similar efforts will not succeed.”
U.S. Senate Candidate J.D. Hayworth (R-AZ) who is running against
Senator McCain said: "Judge Bolton has gutted the Arizona law. She
has put a hold on major sections of SB 1070 designed to eradicate
sanctuary cities and require law enforcement officers to determine
the immigration status of those who commit crimes in our state."
In a written statement, Department of Homeland Security Deputy
Press Secretary Matt Chandler expressed: “The court’s decision to
enjoin most of SB1070 correctly affirms the federal government’s
responsibilities in enforcing our nation's immigration laws. Over the
past eighteen months, this Administration has dedicated
unprecedented resources to secure the border, and we will continue
to work to take decisive action to disrupt criminal organizations and
the networks they exploit. DHS will enforce federal immigration laws
in Arizona and around the country in smart, effective ways that focus
our resources on criminal aliens who pose a public safety threat and
employers who knowingly hire illegal labor, as well as continue to
secure our border."
Carlos Garcia from the Arizona-based Puente Movement, one of the
seven individuals arrested for an act of civil disobedience last week,
said: “In Maricopa County, we’ve been living under 1070 conditions
with Sheriff Arpaio for years. Many are celebrating today because
some sections are being blocked. While they can breathe a sigh of
relief for the minimal injunction, our breath catches with the added
boots on our communities’ necks."
By Eduardo Barraza July 28, 2010
At least temporarily, SB 1070 is
loosing its punching effects aimed at
immigrants until the law has its day
in court.
Photo by Eduardo Barraza| Barriozona
loosing its punching effects aimed at
immigrants until the law has its day
in court.
Photo by Eduardo Barraza| Barriozona
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Eduardo Barraza is a journalist and writer,
Barriozona Magazine's editor, and director of
the Hispanic Insitute of Social Issues.
E-mail: editor@barriozona.com
Barriozona Magazine's editor, and director of
the Hispanic Insitute of Social Issues.
E-mail: editor@barriozona.com
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