So Arizona is going to take the big plunge with SB1070, its twice-turned down immigration law . . . all the way to the U.S. Supreme Court.
How about that?
SB1070 ‘requires’ Arizona state police to, on ‘reasonable suspicion’, confirm the immigration status of anyone with whom they have contact. It also gives police authority to arrest anyone who is not carrying identification.
Opponents worry that police will use SB1070 to justify ‘racially profiling’ Arizona citizens, especially those of Hispanic descent.
Governor Jan Brewer signed SB1070 into law on April 23, 2010 with an in-effect date of July 29, 2010 but the U.S. Department of Justice filed for a federal court injunction against enforcement, an injunction that was issued by a federal judge on July 28, 2010.
SB1070 was written by Arizona lawmakers who’d been complaining that the federal government hadn’t done enough to control the influx of undocumented immigrants into and through the state.
The 9th Circuit Court of Appeals refused on April 11, 2011 to reverse a lower court ruling which prevents Arizona from implementing two key sections in SB1070: The section which requires immigrants to carry identification papers and the section which requires police to determine the immigration status of detainees and suspects.
In the interest of saving time, Republican State Attorney General Tom Horne decided to skip filing a second appeal to the 9th Circuit Court of Appeals and go directly to the Supreme Court. Horne must file the appeal with the Supreme Court prior to July 11.
Legal pundits say that Horne’s appeal to the Supreme Court is likely to fail because the 9th Circuit Court of Appeals 3-judge panel expressed an opinion that federal officials would likely prove the Arizona law to be unconstitutional by arguing that Congress has given sole authority to enforce immigration laws to the federal government.
Governor Jan Brewer’s office issued a press release in which she said, “I’ve always known this legal fight would be a long one. But now that this is the path we’ve chosen, I’m confident Arizona will prevail.” Governor Brewer went on to say, “Our issue is bigger than simply border security. It’s about the principle that a state must be able to protect the safety and welfare of its citizens, especially in the absence of sufficient federal assistance. I’m confident that Arizona will emerge victorious from this legal fight.”
Opponents of SB1070 like State Senator Steve Gallardo are glad that Attorney General Horne decided to take his appeal directly to the Supreme Court because it accelerates the final decision, a decision Gallardo believes will ‘put a nail in SB1070’s coffin’.
In this writer’s opinion, the ultimate question about the future of SB1070 may not be answered by the United States Supreme Court . . . even if it rules in Arizona's favor.
The ultimate question . . . “Can Arizona afford to implement its own immigration law?” . . . may well be better answered by the Arizona State Treasurer’s office.
To be continued.
Thanks for listening,
Davy Z. Jones
Comments