Arizona SB 1070: Court Refused to Lift Injunction
By Stephanie Rabiner on April 11, 2011 1:28 PM
In a decision that declares that there are likely to be no circumstances under which the challenged portions of Arizona's S.B. 1070 are to be found valid under the Supremacy Clause, the 9th Circuit affirmed the District Court's injunction prohibiting enforcement of the controversial immigration law.
The court's refusal to lift the injunction is a big win for S.B. 1070's opponents, not only pinning Arizona's hopes on a fickle Supreme Court, but signaling to other states that similar laws will face tough challenges.
The 9th Circuit's decision deals with perhaps the most objectionable portions of S.B. 1070.
These include provisions that punish undocumented workers that apply for employment, and immigrants who do not carry registration papers; warrantless arrests of illegal aliens; and inquiries into immigration status when a person is stopped by police.
In incredible detail, the court analyzed each of these provisions, pointing out just how S.B. 1070 legislates in areas fully occupied by Congress, as well as how they create an obstacle to and contradict Congressional intent and objectives.
The court also was not very fond of just how S.B. 1070 has negatively impacted foreign relations, particularly with Mexico.
As of last month, at least six other states had S.B. 1070 copycat bills in the works. Such a strong legal analysis is sure to make state legislators question the validity of these laws, or, at the very least, tone them down.
They, however, may wait until the Supreme Court decides whether it will hear an appeal. If the Supreme Court refuses, it will likely be taken as a signal that the Court agrees with the 9th Circuit, signaling the unconstitutionality of S.B. 1070 and its cohorts.
Tuesday, April 12, 2011
Another Conservative Legislative Fail - Arizona Immigration Law
From the excellent resource (listed on our blog roll), Findlaw.com:
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This whole law was unneccessary. When you get pulled over for a traffic offense the officer always asks for a drivers license. In Texas, and most states are probably close to the same, if you cannot produce one they ask your name and birthdate and look you up on their computer. If the picture does not match or if it comes up the license was suspended or revoked you are going to jail. Once you are arrested for using a false id, driving on a suspended license, or whatever, the officer has the right to investigate if he has reason to believe you have committed another crime. Being in the country illegally is a crime.Irving, Tx. does this and sent around 1800 illegals home last yr, that is one town with a population of about 100k. A good friend of mine fills in for the city judges on weekends and he says Irving is very careful to only check people in custody. If you get stopped and show proper id and just get a ticket, they don't check. If you come into the police station or call to report a crime, they don't check. Arizona could do this start getting rid of the illegals who cause problems without all the constitutional challenges. Instead they tried to get rid of all illegals and are ending up spending millions in court while not getting any of them.
ReplyDeleteArizona continues to amaze.
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