Arizona: Immigration Law, update
Arizona
On July 22, Federal District Judge Susan R. Bolton held hearings in United States v. Arizona and Friendly House v. Whiting, the two principal challenges to S.B. 1070, Arizona’s controversial new immigration law. The plaintiffs in both suits are seeking a preliminary injunction that would bar Arizona from implementing the law while the court challenges are pending, but no ruling was immediately issued in either case.
In the back-to-back hearings, the judge closely questioned attorneys on both sides of the controversy. Lawyers for the U.S. government argued that Arizona’s law intrudes on the exclusive federal authority to regulate immigration, while attorneys representing the state asserted that Arizona is simply trying to enforce federal laws that the U.S. government does not. In response to the charges of civil rights and immigration advocacy groups that the law would lead to impermissible racial profiling, Arizona’s lawyers contended that such allegations were mere conjecture.
Thursday’s hearings were the second and third court proceedings in challenges to S.B. 1070. Last week, Judge Bolton heard, but did not rule on, arguments in a suit brought against the state by an Arizona police officer and a state civil rights and education group. In total, seven lawsuits have been filed against the law, six of which are pending before Judge Bolton.
S.B. 1070 – which, among other provisions, criminalizes unlawful presence in the state, requires foreign nationals to carry documentation of their immigration status and empowers local law enforcement to check the immigration status of individuals who are “reasonably suspected” of being unlawfully presen – is set to take effect on July 29, but Judge Bolton could decide to enjoin the law in whole or in part before that date. If the judge decides not to grant a preliminary injunction, the law would take effect while the court challenges continue, though the federal government would almost certainly appeal such a decision. Likewise, if an injunction were granted, the State of Arizona could appeal.
Fragomen is closely monitoring the S.B. 1070 challenges and will issue further updates as developments occur.
Source: Fragomen
