Accused of stop-and-go identity checks, judge hearing
Stop-and-check identity clauses, judge hearing When the Supreme Court reviewed the SB1070 Immigration Act in June, it did not reject the clause that "state police may inspect...
The Supreme Court reviewed the SB1070 immigration law in June, but did not reject the provision that "state police may check immigration status when conducting a traffic stop." Opponents are now asking the federal court to block this provision. Federal District Judge Susan Burton said after hearing arguments from both sides on the 21st that she will make a ruling later. The American Civil Liberties Union, the National Immigration Law Center and the Mexican Legal Defense and Educational Fund recently filed a lawsuit asking the court to prohibit the state from enforcing immigration status checks. The Supreme Court's ruling in June struck down most provisions of the 2010 immigration law but did not strike down a provision allowing state troopers to check immigration status, leading opponents to file new legal challenges. "If state police extend detention for reasons such as identity checks, it raises concerns that it may be unconstitutional," the civil rights group said in the complaint. The rights group asked a federal judge to issue an injunction, at least until the state's high court interprets it, to prohibit the implementation of regulations that can check immigration status, so that law enforcement agencies will not violate the constitution. Kaylin Tamlin, a lawyer with the National Immigration Law Center, said at the hearing on the 21st that Alberta legislators passed the immigration law with some discriminatory intention. Gov. Jen Brewer said in a court filing on Aug. 10 that she opposed the court's injunction, arguing that the civil rights group's view of state troopers was the work of only a small number of law enforcement officers and was not representative of all law enforcement officers. The state lawyer said in court that it was unfair to accuse the state Legislature of passing the immigration law out of racial discrimination. "The immigration law is aimed at illegal immigrants, and people have reason to be concerned about illegal immigrants." Lawyers for the state argued that the majority of legislators and their aides are from Hispanic backgrounds, so it would be offensive to say that state legislators' votes were motivated by discrimination.
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