Thursday, April 29, 2010
The Rule of Law and Arizona Part Two: Litigation in the Desert
Today opponents of SB 1070 initiated complex litigation on two fronts. First, veteran Tucson police officer Martin Escobar filed an action in Tucson federal court alleging that the new immigration statute is unconstitutional and will undermine the ability of police officers to patrol Latina/o neighborhoods. In addition, the National Coalition of Latino Clergy and Christian Leaders brought a lawsuit in Phoenix federal court. The clergy allege that the Arizona legislation is preempted by federal law and violates due process rights in the way that the statute authorizes the detention of suspected undocumented persons. (Jonathan J. Cooper and Paul Davenport, The Washington Post, April 29, 2010). It is unclear whether the Tucson or Phoenix location is likely to be more favorable for the plaintiffs. Tucson, however, may be perceived as a more liberal environment. For instance, the Sheriff of Pima County,which includes Tucson, has said that he will not enforce the new legislation.
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