Legal News

Judge: Immigration Status Can be Researched by Police in Arizona
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

A federal judge ruled that the state of Arizona can require its police officers to check the immigration status of people that they stop or detain. The judge’s ruling denies a request filed by the American Civil Liberties Union to block enforcement of the provision. The judge, U.S. District Judge Susan R. Bolton, rejected the request that would have put the ‘show me your papers’ provision on hold until ruled by courts if it is Constitutional. The other groups that filed the request were the Mexican American Legal Defense and Educational Fund and the National Immigration Law Center.

Bolton said that she will not ignore the ‘clear direction’ taken by the U.S. Supreme Court that it “cannot be challenged further on its face before the law takes effect.” The law from Arizona was sued by the Obama administration. The lawsuit claims that the law goes over the federal right to create immigration policy.

  
What
Where


“As the Supreme Court stated, plaintiffs and the U.S. may be able to challenge the provision on other preemption and constitutional grounds ‘as interpreted and applied after it goes into effect,’” Bolton wrote in her ruling.

The law requires police officers and other law enforcement personnel to check the immigration status of a person they stop if the officer has a ‘reasonable suspicion’ that the person is in the country illegally.

“Today’s ruling will lead to rampant racial profiling of Latinos and others who might be suspected of being in Arizona without authorization,” Linton Joaquin, general counsel of the National Immigration Law Center, said. “We are committed to continuing the fight against this law in our case until it is permanently stuck down.”

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




The law in Arizona was passed in 2010, making it the first in the country. Since then, the states of Georgia, South Carolina, Utah, Alabama and Indiana all have passed laws that focus on illegal immigration. All of those laws are also facing battles in court. A provision of the law that makes it illegal to harbor or transport illegal immigrants was blocked by Bolton in the ruling.

“The district court was correct in blocking Arizona’s harboring statute, which criminalized many everyday interactions with unauthorized immigrants,” Cecillia Wang, director of the ACLU Immigrants’ Rights Project, said.



Arizona claims that it is within its rights to enforce the law because the federal government has not done enough. The state also claims that half of the country’s illegal immigrants come into the country through the state’s 370-mile border with Mexico.



 

RELEVANT JOBS

Litigation Attorney

USA-FL-Fort Lauderdale

Seeking a qualified Transactional Attorney with experience in litigation, covenant enforcement and c...

Apply now

Consumer Defense Litigation Attorney

USA-PA-Philadelphia

SESSIONS, FISHMAN, NATHAN & ISRAEL seeks an experienced attorney to join its commercial litigation /...

Apply now

Bankruptcy and Restructuring Partner / Associate

USA-OH-Cleveland

Buckley King is seeking both a partner and a mid-level associate to represent both creditors and deb...

Apply now

Patent Attorney Burlington, VT / Lebanon, NH

USA-VT-Burlington

DRM is seeking an experienced patent attorney having a portable book of business and a strong b...

Apply now

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Litigation Associate Attorney

USA-PA-Pittsburgh

Pittsburgh office of a BCG Attorney Search Top Ranked Law Firm seeks associate attorney with 3+ year...

Apply Now

Junior Antitrust Associate Attorney

USA-DC-Washington

Washington, D.C. office of a BCG Attorney Search Top Ranked Law Firm seeks junior antitrust associat...

Apply Now

Civil Litigation (Insurance Defense) Associate Attorney

USA-CA-San Diego

San Diego office of our client seeks civil litigation (insurance defense) associate attorney with ex...

Apply Now

Most Popular

SEARCH IN ARCHIVE

To Top