Legal News

Arizona Immigration Law Targeting Day Laborers Blocked by Appeals Court
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

On Monday, in a unanimous ruling, a three-judge panel of the San Francisco-based U.S. Ninth Circuit Court of Appeals found a controversial portion of the Arizona immigration law that targeted day laborers to be unconstitutional, and upheld a February 2012 decision of a district judge to block the law.

While the U.S. Supreme Court has already struck down most of the Arizona immigration law launched in 2010 by Governor Jan Brewer last year, parts of the law continued to exist and confuse people. The matter in the Supreme Court had primarily been fought over the jurisdiction of federal government to control immigration, and to what extent an individual state may impose its own rules.

The section concerned in the instant case made it a crime if a motorist stopped to hire a day laborer and traffic was blocked. The section also prohibited any day laborer from entering a car that is obstructing traffic.

  
What
Where


The Ninth Circuit held the law exceeded the scope of state authority in restricting commercial free speech rights.

Attorneys for the state argued that the state’s sole intention was to promote traffic safety, but the Ninth Circuit did not buy the argument and observed the law was “motivated by a desire to eliminate the livelihoods of undocumented immigrants.” The opinion added, “Laws that limit commercial speech must not be more extensive than necessary to serve a substantial government interest.”

Governor Jan Brewer’s spokesman, Matthew Benson, said the governor is discussing the possibility of appeal and that “this is an important tool to give law enforcement.”

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!!




Pablo Alvarado, director of the National Day Laborer Organizing Network, and whose group was co-counsel in the matter, told the media, “It is fundamentally wrong to criminalize work, to criminalize people who are looking for work to feed their loved ones.”





 

RELEVANT JOBS

Contracts Manager

USA-MA-Holliston

4 Decades. 5 Regions. 1 Team: Build Your Future with the Best and Brightest in the Construction indu...

Apply now

Estate Planning Attorney

USA-FL-Miami

The law firm of Packman, Neuwahl & Rosenberg, P.A. is seeking an associate to join its expanding pra...

Apply now

Technology and Outsourcing partner with Big Law experience (100% Work from Home)

USA-MA-Boston

Culhane Meadows PLLC is actively seeking an experienced and self-motivated Technology and ...

Apply now

Litigation Attorney

USA-NY-Riverhead

Responsibilities The candidate should be able to independently manage own caseload through all ph...

Apply now

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Liability Defense Attorney

USA-FL-Fort Lauderdale

Ft. Lauderdale office of our client seeks liability defense attorney with 3+ years of insurance defe...

Apply Now

Litigation Associate Attorney

USA-CA-San Francisco

San Francisco office of a BCG Attorney Search Top Ranked Law Firm seeks litigation associate attorne...

Apply Now

Business and Transactional Associate Attorney

USA-CT-Middletown

Middletown office of a BCG Attorney Search Top Ranked Law Firm seeks business and transactional asso...

Apply Now

Most Popular

SEARCH IN ARCHIVE

To Top