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Phoenix, Arizona – On Wednesday, just hours away 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 as follows:
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.
Copyright © 2009 Hispanic Institute of Social Issues
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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.
By Eduardo Barraza
BARRIOZONA
July 28, 2010
Judge Bolton Dissects SB 1070 'Section by Section,
Provision by Provision'