ACLU Seeks New Injunction on "Papers Please" Portion of SB 1070

aclu777.jpg
The ACLU has acted, now it's up to Judge Bolton (again)
See also: SB 1070, SCOTUS, Friendly House, and a Ray of Hope

As I anticipated in April, when it became clear that the U.S. Supreme Court intended to lift a lower court's injunction against section 2(b) of Senate Bill 1070, the so-called "papers please" portion of Arizona's immigration law, the American Civil Liberties Union and its legal allies today filed a motion seeking a preliminary injunction in Valle del Sol v. Whiting (formerly Friendly House v. Whiting) on that same invidious section.

If Judge Susan R. Bolton, the federal judge in Valle del Sol, grants their request in time, the most notorious part of 1070 will remain on hold, either until the case goes to trial or a higher court reverses the action.

As an added precaution, the plaintiffs have also asked Bolton for a temporary restraining order on the implementation of 1070, in case Bolton cannot rule on the plaintiffs' motion before the first injunction formally is lifted.

On June 25, the U.S. Supreme Court reversed both Bolton and the Ninth Circuit Court of Appeals on section 2(b), while invalidating three other sections of 1070 as preempted by federal immigration law.

Bolton was the judge in United States v. Arizona, the action brought in federal court by the U.S. Government. She enjoined several sections of 1070 on July 28, 2010, one day before 1070 was scheduled to take effect.

The only issue being addressed in the feds' lawsuit was preemption, with the Supremes ruling that section 2(b) of 1070 was not trumped by federal law and could be considered constitutional, as long as it was enforced narrowly and did not result in prolonged detention of individuals under police scrutiny.

But organizations such as the ACLU, the Mexican American Legal Defense and Education Fund, and the National Immigration Law Center have long argued that 2(b) is unconstitutional on the grounds of preemption as well as other grounds, such as the U.S. Constitution's Fourth Amendment prohibition on unreasonable search and seizure and the 14th Amendment's equal protection clause, which bars racial and ethnic profiling.


Sponsor Content

My Voice Nation Help
19 comments
PTCGAZ
PTCGAZ

do you really want me to go back through every article you ever comment racist bullshit on? I would rather just go ahead and say that you are a racist from the pattern of your behavior and leave it at that. I dont wanna waste my time doing that because, well it's a waste of my time.

Yourproductsucks
Yourproductsucks

provide facts please.  You do know what supporting facts are, don't you?

PTCGAZ
PTCGAZ

card carrying member. Bet that ticks off a lot of dumbasses doesn't it?

PTCGAZ
PTCGAZ

you are a well known racist. I am not racist. I can call you a racist, but that doesn't make me a racist for calling you one. DUH.

PTCGAZ
PTCGAZ

Pretty soon this part of the bill will be removed too because it's also unconstitutional. What are the racist MCSO deputies gonna do this time?

Concerned Citizen / Taxpayer
Concerned Citizen / Taxpayer

"I could go on, but I think you get the point. The document itself reads like an indictment of the state of Arizona for fostering the climate of hate that gave birth to 1070." A climate of hate and culture of cruelty and inhumanity = Arizona.  Its time to vote these failed elected officials out of office. Many belong in prison themselves, in a state with zero tolerance policies for everyone else.

GreenHornet
GreenHornet

A racist calling others a racist because they hate racists is even funnier...

black
black

I'm sorry but has everyne here forgotten one itty bitty, tiny little detail- if you are a LEGAL citizen of the U.S., then you have nothing to worry about! Yes you may be detained, but excuse me for quoting the obvious, but law officials do that to everyone! Lastly, WTF is with this calling people MEXICAN- American. THIS IS AMERICA FIRST, NOT MEXICO!!!!! If you wanted to be called Mexcican go back to Mexico.

car_del99
car_del99

 @black In any form you fill they ask for your race  if you are black , they put african- American , etc.. YOU IDIOT !!!

Now Trending

From the Vault

 

Loading...