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Judge Bolton Dissects SB 1070 'Section by Section, Provision by Provision'
Phoenix, Arizona – On Wednesday, just hours away from the
implementation of SB 1070 scheduled to take place on July 29,
Federal Judge Susan Bolton's expected announcement gave a
dramatic and emotional twist to the controversial and divisive
legislation that has been driving undocumented immigrants out of
Arizona.
Judge Bolton issued a preliminary injunction enjoining several major
sections of SB 1070, targeting only those parts of Sections of the law
that represented some of the most critical areas.
She had previously observed that in her legal analysis, SB 1070 was
not a single statue, and expressed concern only with some of its
sections and provisions.
Because of the statements she made to attorneys from both sides
last week, few expected the judge to produce an injunction for the
entire law, and her decision to put on hold only parts of SB 1070 did
not come as a total surprise.
Today's injunction restates and reflects those preliminary comments
she made during the hearings: "The Court notes that S.B. 1070 is
not a freestanding statute; rather, it is an enactment of the Arizona
Legislature that adds some new sections to the Arizona Revised
Statutes (“A.R.S.”) and amends some preexisting sections."
Based on this reasoning, Judge Bolton concluded: "Therefore, the
Court cannot and will not enjoin S.B. 1070 in its entirety, as certain
parties to lawsuits challenging the enactment have requested. The
Court is obligated to consider S.B. 1070 on a section by section and
provision by provision basis"
The sections of SB 1070 that will not go into effect on July 29 are:
The part of Section 2 that would have required that all Arizona law
enforcement officers make a reasonable attempt to determine the
immigration status of a person stopped, detained or arrested if there
is a reasonable suspicion that the person is unlawfully present in the
United States, and requiring verification of the immigration status of
any person arrested prior to releasing that person
Section 3, that would have created a crime for the failure to apply for
or carry alien registration papers
The portion of Section 5 that would have created a crime for an
unauthorized alien to solicit, apply for, or perform work (this concerns
day laborers who solicit employment on public spaces)
Section 6, that would have authorized the warrantless arrest of a
person where there is probable cause to believe the person has
committed a public offense that makes the person removable from
the United States.
implementation of SB 1070 scheduled to take place on July 29,
Federal Judge Susan Bolton's expected announcement gave a
dramatic and emotional twist to the controversial and divisive
legislation that has been driving undocumented immigrants out of
Arizona.
Judge Bolton issued a preliminary injunction enjoining several major
sections of SB 1070, targeting only those parts of Sections of the law
that represented some of the most critical areas.
She had previously observed that in her legal analysis, SB 1070 was
not a single statue, and expressed concern only with some of its
sections and provisions.
Because of the statements she made to attorneys from both sides
last week, few expected the judge to produce an injunction for the
entire law, and her decision to put on hold only parts of SB 1070 did
not come as a total surprise.
Today's injunction restates and reflects those preliminary comments
she made during the hearings: "The Court notes that S.B. 1070 is
not a freestanding statute; rather, it is an enactment of the Arizona
Legislature that adds some new sections to the Arizona Revised
Statutes (“A.R.S.”) and amends some preexisting sections."
Based on this reasoning, Judge Bolton concluded: "Therefore, the
Court cannot and will not enjoin S.B. 1070 in its entirety, as certain
parties to lawsuits challenging the enactment have requested. The
Court is obligated to consider S.B. 1070 on a section by section and
provision by provision basis"
The sections of SB 1070 that will not go into effect on July 29 are:
The part of Section 2 that would have required that all Arizona law
enforcement officers make a reasonable attempt to determine the
immigration status of a person stopped, detained or arrested if there
is a reasonable suspicion that the person is unlawfully present in the
United States, and requiring verification of the immigration status of
any person arrested prior to releasing that person
Section 3, that would have created a crime for the failure to apply for
or carry alien registration papers
The portion of Section 5 that would have created a crime for an
unauthorized alien to solicit, apply for, or perform work (this concerns
day laborers who solicit employment on public spaces)
Section 6, that would have authorized the warrantless arrest of a
person where there is probable cause to believe the person has
committed a public offense that makes the person removable from
the United States.
By Eduardo Barraza July 28, 2010
Judge Susan Bolton issued a
preliminary injunction enjoining
several major sections of SB 1070.
Photo: Special
preliminary injunction enjoining
several major sections of SB 1070.
Photo: Special
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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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