Judge: SB1070 Immigration Law can be implemented immediately

Judge: SB1070 Immigration Law can be implemented immediately (Alberta Times) A judge ruled on Tuesday that Arizona police can immediately enforce SB1070...

(Alberta Times)

A judge ruled Tuesday that Arizona police can immediately enforce the most controversial provision of SB 1070, which allows police to question the immigration status of people suspected of being in the United States illegally during other law enforcement activities. U.S. District Judge Bolton's ruling is a milestone in a two-year legal battle over Arizona's immigration laws. The U.S. Supreme Court upheld this provision in June this year, holding that it did not conflict with federal law. Opponents refer to this provision as "show your documents." Following the Supreme Court's ruling, they asked Judge Bolton to block the provision, claiming it would lead to systematic racial profiling and the long and unjustified incarceration of Latinos. Other less controversial provisions of SB 1070, which included minor changes to the 2005 Immigrant Smuggling Act and prohibited state and local government agencies from restricting enforcement of federal immigration laws, took effect in July 2010. But those provisions had little effect. Although Arizona police are allowed to check immigration status, supporters of the law still question the level of cooperation from federal immigration agents who are needed to verify immigration status and remove illegal immigrants. Federal immigration officials say they will provide help but only if it meets their priorities, which include catching repeat offenders and identifying and deporting people who threaten public safety and national security. If federal agents don't remove illegal immigrants, local police have no choice but to let them go unless they are suspected of committing a crime. Opponents of SB 1070 include the Obama administration, which challenged the most controversial parts of the law, forcing its suspension. Shortly before the law took effect in July 2010, Bolton blocked police from enforcing immigration status questioning provisions, ruling that the Obama administration would win. Governor Brewer appealed that ruling, lost in the Ninth Circuit Court of Appeals, and took the case to the Supreme Court. The Obama administration has failed to convince a Supreme Court justice to strike down a provision requiring police to check immigration status. Civil rights, religious and business unions asked Bolton in July to prevent police from enforcing immigration status checks, arguing that the provision would lead to racial distinctions and long-term unreasonable detention of Latinos. The governor's lawyers asked the judge to allow that provision to take effect immediately. Bolton rejected the federation's request on September 5.