Wednesday, July 28, 2010

SB 1070 has been partially enjoined

Today, Wednesday, July 28, 2009, United States District Judge Susan R. Bolton issued a Preliminary Injunction prohibiting the enforcement of four key provisions of SB 1070 in response to the action brought by the Attorney General of the United States.

In part of her ruling, judge Bolton noted: "Under Section 2(B) of S.B. 1070, all arrestees will be required to prove their immigration status to the satisfaction of state authorities, thus increasing the intrusion of police presence into the lives of legally-present aliens (and even United States citizens), who will necessarily be swept up by this requirement" (emphasis added). She added: "The Court is also cognizant of the potentially serious Fourth Amendment problems with the inevitable increase in length of detention while immigration status is determined, as raised by the plaintiffs in Friendly House, et al. v. Whiting, et al., No. CV 10-1061-PHX-SRB."

Judge Bolton's order concludes: "IT IS FURTHER ORDERED preliminarily enjoining the State of Arizona and Governor Brewer from enforcing the following Sections of Senate Bill 1070 (as amended by House Bill 2162): Section 2(B) creating A.R.S. § 11-1051(B), Section 3 creating A.R.S. § 13-1509, the portion of Section 5 creating A.R.S. § 13-2928(C), and Section 6 creating A.R.S. § 13-3883(A)(5)."

United States of America v. State of Arizona; and Janice K. Brewer, Governor of the State of Arizona, in her Official Capacity, No. CV 10-1413-PHX-SRB.

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