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Legal Battles Pile Up Against Arizona's SB 1070 Implementation
Phoenix, Arizona – As Arizona prepares to begin enforcing what has
been called its most radical immigration-related law, the legal battle
to prevent its implementation on July 29 is also in full motion.
Today, the United States Department of Justice filed a lawsuit to
block Arizona's law. The lawsuit is charging that SB 1070 is
unconstitutional. The federal government is asking for a preliminary
injunction to stop the legislation from taking effect in 23 days.
Enacted to purportedly curtail the presence of foreigners who lack
legal status, Senate Bill 1070, or simply SB 1070, signed into law by
Governor Janice Brewer on April 23, intends to make it a crime being
in Arizona “unlawfully.”
This means any person without legal documents, upon being
detected by a state law enforcement agency, could be placed on
detention without having committed any other crime except what, as
of July 29, will be a new “crime,” being in Arizona without a visa,
work permit or legal residency documents.
The law will enable Arizona's law enforcement agencies to question
anyone if they have a "reasonable suspicion" that the person is not
legally in the country. This, civil rights groups argue, will lead to racial
profiling, and will violate the civil rights of U.S. Citizens and legal
residents.
This is just one of several provisions SB 1070 outlines. Among
others, the law “prohibits cities, towns, and counties from having any
policy in place limiting the investigation of violations of federal
enforcement laws to less than the full extent permitted by federal
law.” The contentious law also requires police officers “to make a
reasonable attempt to determine the immigration status of a person
whenever there is reasonable suspicion that the person is unlawfully
present and verify that status with the federal government, except
to the extent that it would hinder an ongoing investigation.”
Several lawsuits against the State of Arizona are questioning the
constitutionality of a law which controversial nature has sparked
protests, marches, and boycotts –both against and in favor– and has
attracted the attention of the international media. A few weeks
before the law goes into effect, the lawsuits may delay the date to
begin enforcing it or completely prevent the application of SB 1070. A
court ruling will actually decide.
One of these complaints to attempt blocking the law was filed on
June 5 by a national coalition of civil rights organizations. Among
them are the American Civil Liberties Union (ACLU), Mexican American
Legal Defense and Education Fund (MALDEF), the National
Immigration Law Center (NILC), the National Association for the
Advancement of Colored People (NAACP), the National Day Laborer
Organizing Network (NDLON) and Asian Pacific American Legal Center
(APALC). Individual plaintiffs are also part of the lawsuit.
This coalition is calling SB 1070 an “unconstitutional law.” According
to a press release prepared by the ACLU of Arizona, the law will
encourage the practice of racial profiling, endanger public safety and
betray American values.
The Justice Department's lawsuit is based on the supremacy clause
of the U.S. Constitution that establishes federal law trumps state
statutes. The Justice Department argues that enforcing immigration
laws is a federal responsibility.
Even months before the bill was signed into law and then afterward,
SB 1070 clearly became more than just a law mainly targeting
individuals who have no authorization to live and work in the
country. Before its implementation and enforcement, this new
legislation has already reached broader dimensions –social, cultural
and demographic, among others.
The legal complexity of SB 1070, the challenges to enforce it, the
likelihood of lawsuits being filed when lawful residents or Latinos
citizens come to be detained in error, and the financial burden that
prosecution and incarceration costs will bring upon the state, are
just some aspects that make this Arizona’s law too risky to
implement.
Besides these potential risks, SB 1070 has already intensified the
immigration reform debate not only in Arizona but elsewhere, risen
the degree of polarization, and sparked racial tensions. Moreover,
the law has promoted racism, verbal violence and hatred, as well as
widened a cultural, ethnic and historical gap.
With the federal lawsuit filed by the Department of Justice on
Tuesday, the political and legal battle will deepen. But there is little
doubt that the thorny issue of unauthorized immigration needs an
urgent action at the federal level and a broader approach well
beyond local state measures like Arizona’s and its SB 1070.
been called its most radical immigration-related law, the legal battle
to prevent its implementation on July 29 is also in full motion.
Today, the United States Department of Justice filed a lawsuit to
block Arizona's law. The lawsuit is charging that SB 1070 is
unconstitutional. The federal government is asking for a preliminary
injunction to stop the legislation from taking effect in 23 days.
Enacted to purportedly curtail the presence of foreigners who lack
legal status, Senate Bill 1070, or simply SB 1070, signed into law by
Governor Janice Brewer on April 23, intends to make it a crime being
in Arizona “unlawfully.”
This means any person without legal documents, upon being
detected by a state law enforcement agency, could be placed on
detention without having committed any other crime except what, as
of July 29, will be a new “crime,” being in Arizona without a visa,
work permit or legal residency documents.
The law will enable Arizona's law enforcement agencies to question
anyone if they have a "reasonable suspicion" that the person is not
legally in the country. This, civil rights groups argue, will lead to racial
profiling, and will violate the civil rights of U.S. Citizens and legal
residents.
This is just one of several provisions SB 1070 outlines. Among
others, the law “prohibits cities, towns, and counties from having any
policy in place limiting the investigation of violations of federal
enforcement laws to less than the full extent permitted by federal
law.” The contentious law also requires police officers “to make a
reasonable attempt to determine the immigration status of a person
whenever there is reasonable suspicion that the person is unlawfully
present and verify that status with the federal government, except
to the extent that it would hinder an ongoing investigation.”
Several lawsuits against the State of Arizona are questioning the
constitutionality of a law which controversial nature has sparked
protests, marches, and boycotts –both against and in favor– and has
attracted the attention of the international media. A few weeks
before the law goes into effect, the lawsuits may delay the date to
begin enforcing it or completely prevent the application of SB 1070. A
court ruling will actually decide.
One of these complaints to attempt blocking the law was filed on
June 5 by a national coalition of civil rights organizations. Among
them are the American Civil Liberties Union (ACLU), Mexican American
Legal Defense and Education Fund (MALDEF), the National
Immigration Law Center (NILC), the National Association for the
Advancement of Colored People (NAACP), the National Day Laborer
Organizing Network (NDLON) and Asian Pacific American Legal Center
(APALC). Individual plaintiffs are also part of the lawsuit.
This coalition is calling SB 1070 an “unconstitutional law.” According
to a press release prepared by the ACLU of Arizona, the law will
encourage the practice of racial profiling, endanger public safety and
betray American values.
The Justice Department's lawsuit is based on the supremacy clause
of the U.S. Constitution that establishes federal law trumps state
statutes. The Justice Department argues that enforcing immigration
laws is a federal responsibility.
Even months before the bill was signed into law and then afterward,
SB 1070 clearly became more than just a law mainly targeting
individuals who have no authorization to live and work in the
country. Before its implementation and enforcement, this new
legislation has already reached broader dimensions –social, cultural
and demographic, among others.
The legal complexity of SB 1070, the challenges to enforce it, the
likelihood of lawsuits being filed when lawful residents or Latinos
citizens come to be detained in error, and the financial burden that
prosecution and incarceration costs will bring upon the state, are
just some aspects that make this Arizona’s law too risky to
implement.
Besides these potential risks, SB 1070 has already intensified the
immigration reform debate not only in Arizona but elsewhere, risen
the degree of polarization, and sparked racial tensions. Moreover,
the law has promoted racism, verbal violence and hatred, as well as
widened a cultural, ethnic and historical gap.
With the federal lawsuit filed by the Department of Justice on
Tuesday, the political and legal battle will deepen. But there is little
doubt that the thorny issue of unauthorized immigration needs an
urgent action at the federal level and a broader approach well
beyond local state measures like Arizona’s and its SB 1070.
By Eduardo Barraza July 6, 2010
Several lawsuits against the State of
Arizona are questioning the
constitutionality of a SB 1070 which
nature has sparked protests,
marches, and boycotts.
Photo by Eduardo Barraza| Barriozona
Arizona are questioning the
constitutionality of a SB 1070 which
nature has sparked protests,
marches, and boycotts.
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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