Federal District Judge Susan Bolton has issued a partial injunction of Arizona’s SB1070 based on several lawsuits against implementation of SB1070, Arizona’s law requiring law enforcement to check the immigration status of those lawfully stopped who they reasonably suspect are illegally in the country. Set to take effect the tomorrow, the law also makes being in the country illegally an Arizona state crime, trespass.
Judge Bolton took the case under advisement late last week after completing oral arguments July 22. She heard from lawyers supporting and opposing the law. Each side was subjected to pointed questioning by the ten year veteran of the federal judiciary. At the time, she seemed to indicate that she was unlikely to overturn the entire law, but would consider the constitutionality of individual sections of the statute.
Today’s ruling is almost certain to be appealed to the Ninth Circuit Court of Appeals. From there a trip to the United States Supreme Court seems likely. Under rare circumstances, the Supreme Court will take a case directly, bypassing the Appeals Court, but there is no indication of that happening here.
This report is based on Twitter reports from local reporters stationed at the Federal Courthouse, details remain sketchy. Initial reactions to the ruling are just beginning to come in. TMV readers will be kept abreast of the latest with updates to this article throughout the day.
UPDATE 1: This report from Phoenix ABC News 15:
The law will still take effect Thursday, but without many of the provisions that angered opponents — including sections that required officers to check a person’s immigration status while enforcing other laws.
The judge also put on hold a part of the law that required immigrants to carry their papers at all times, and made it illegal for undocumented workers to solicit employment in public places.
Here are the portions of SB1070 that have been ejoioned by Judge Bolton’s ruling:
Portion of Section 2 of S.B. 1070
A.R.S. § 11-1051(B): requiring that an officer make a reasonable attempt to
determine the immigration status of a person stopped, detained or arrested if there is a reasonable suspicion that the person is unlawfully present in the United States, and requiring verification of the immigration status of any person arrested prior to releasing that personSection 3 of S.B. 1070
A.R.S. § 13-1509: creating a crime for the failure to apply for or carry alien
registration papersPortion of Section 5 of S.B. 1070
A.R.S. § 13-2928(C): creating a crime for an unauthorized alien to solicit, apply
for, or perform workSection 6 of S.B. 1070
A.R.S. § 13-3883(A)(5): authorizing the warrantless arrest of a person where there
is probable cause to believe the person has committed a public offense that makes the person removable from the United States.
UPDATE 2: Maricopa (AZ) County Sheriff Joe Arpaio said yesterday the judge’s ruling will have little impact on enforcement. Under existing law, local Arizona law enforceent has assisted in more than 26,000 deportations under a federal/local assist program know as the 287(g) program. Arpaio has also indicated that he planned to proceed with immigration sweeps regardless of the Court’s decision.
The written decision is here.
UPDATE 3: Here is portion of the written opinion reflecting Judge Bolton’s reasoning:
“There is a substantial likelihood that officers will wrongfully arrest legal resident aliens under the new (law). By enforcing this statute, Arizona would impose a ‘distinct, unusual and extraordinary’ burden on legal resident aliens that only the federal government has the authority to impose.”
Arizona Attorney General, and likely Democratic candidate for Governor against incumbent Jan Brewer (R) has twittered, “Brewer played politics with immigration…and lost.”
UPDATE 4: Arizona Governor Jan Brewer was giving a speech in Tucson when the decision came down. She has since called the injunction “a little bump in the road.” She went on to add,
“We knew regardless one side or the other would appeal…absolutely the federal government got relief from the courts”
Russell Pearce, the bill’s main sponsor in the state senate, remarked that the injunction took the handcuffs off the police.
Contributor, aka tidbits. Retired attorney in complex litigation, death penalty defense and constitutional law. Former Nat’l Board Chair: Alzheimer’s Association. Served on multiple political campaigns, including two for U.S. Senator Mark O. Hatfield (R-OR). Contributing author to three legal books and multiple legal publications.