Civil Rights Groups Sue to Stop Arizona's Immigration Law

[LeighAnn]

Source: Lexington Herald Leader


DENVER -- A coalition of civil rights groups on Monday filed a sweeping lawsuit against Arizona's controversial law that requires local police to enforce federal immigration regulations, hoping to stop the state law before it goes into effect in July.

<snip>


The suit was filed by groups that include the American Civil Liberties Union, the Mexican American Legal Defense and Educational Fund, the National Association for the Advancement of Colored People and the Asian Pacific American Legal Center.

Among its plaintiffs are a 70-year-old U.S. citizen of Latino and Asian heritage who says he has recently been stopped twice by Arizona police and asked for his papers, and another citizen who attends Arizona State University who fears he will need to carry his birth certificate because his New Mexico driver's license does not constitute proof of citizenship under SB 1070.

"This is the most extreme and dangerous of all the state and local laws purporting to deal with immigration issues," said Lucas Guttentag, an ACLU attorney. "This law is shameful, un-American. It will undermine public safety and it is unconstitutional."


Read more: http://www.kentucky.com/2010/05/17/1268529/civil-rights-groups-sue-to-stop.html

[protocol rv]

1. SB 1070 Text

I looked up the new Arizona law, and it says:

FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS
STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE, WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THE PERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).

I also researched legal opinions regarding the enforcement of 8 United States Code Section 1373 C, and I found a very reasonable argument by Michael Lindsay, the director, at the Law Enforcement Academy of Indiana, from which I quote:

"Since a U.S. citizen stopped by a policeman is not required by either federal or state law to carry paperwork showing a right to be in the country, there is no obligation for a U.S. citizen to prove he is not an illegal alien. Even an illegal alien is not required to incriminate himself for a state criminal law violation. He is, of course, required to show a drivers license if driving on a public highway or a registration if in possession of a vehicle.

It is assumed by many protesters that this law is some type of civil procedure for taking illegal aliens into custody for a deportation hearing. The law allows for cooperation between the federal government and the state, but it does not make the state a deportation hearing board. That authority is specifically assigned to the federal government."

AND

"On the surface, the Arizona law appears to create a Gestapo-like system, e.g., “show me your papers”. This particular statute hits a hot button because it seems to have a racial component woven covertly into the fabric of the law. A closer examination, however, reveals that it does not require citizens to carry citizenship papers; it does not allow racial profiling; the burden of proof (because it is a criminal law) is on the state; and claiming that someone is an illegal alien must be certified through the federal government.

Other than the unfortunate effects of the media frenzy and the resulting boycott of Arizona businesses (which probably hurts Hispanic employees more than any other group), a genuine, open, long overdue discussion of federal-state responsibilities in this area is a likely consequence of the intense publicity generated by this law."

http://www.in.gov/ilea/2397.htm

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My comment: As a non-US citizen who is seeking legal entry into the US, by waiting patiently for my visa, I think this law is very good. It should clear out the law breakers, and allow those who are trying to enter via legal means to do so.

[Jefferson23]

2. The people you can count on, the ACLU. Consider signing up folks:

Show Your Support as the ACLU Takes on Racial Profiling

The ACLU is doing everything possible to challenge Arizona’s new racial profiling law. But we need supporters like you to join us and show that people all across America won’t stand for this kind of injustice.

If we don’t act quickly, it may be too late. Extremist lawmakers in 10 more states have already pledged to introduce copies of the outrageous Arizona legislation.

Please get involved today by helping create an enormous show of opposition to Arizona’s discriminatory law.

Sign up below to stand with the ACLU in this crucial fight, and get your free bumper sticker!


https://secure.aclu.org/site/SSurvey?ACTION_REQUIRED=URI_ACTION_USER_REQUESTS&SURVEY_ID=27061&s_src=UNW100001ACT&s_subsrc=100517_arizona_ndss&JServSessionIdr004=5lr44uiu51.app223a

[protocol rv]

3. Well, I would donate but

I'm from Venezuela. I don't see this as a racial profiling law. But tell me, if you set up a fund to put Bush in jail for torturning prisoners, can I donate?

[Jefferson23]

4. The United States is a country that has immigration laws

but this law IS racial profiling. You might want to follow along the legal proceedings if you doubt me, it will
prove to be a learning experience, no matter what country you're from.

As far as Bush/Cheney being prosecuted, we'll see, maybe The Hague one day..I haven't given up all hope on that front yet.

Happy to meet you protocol rv!

[IScreamSundays]

5. A Court Challenge to Arizona's Immigration Law

Source: The Atlantic

Arizona, it appears, will have to defend its new immigration-enforcement law in federal court.

A coalition of interest groups, including the ACLU, has launched a legal challenge to Arizona's new immigration law, arguing that it both invites racial profiling and is unconstitutional.

Groups involved in the case, Friendly House et al. vs. Whiting et al., include the Arizona-based group Friendly House, the NAACP, the Mexican American Legal Defence & Education Fund (MALDEF), the Service Employees International Union, SEIU Local 5, United Food and Commercial Workers International, Arizona South Asians for Safe Families, Southside Presbyterian Church, Arizona Hispanic Chamber of Commerce, Asian Chamber of Commerce of Arizona, Border Action Network, Tonatierra Community Development Institute, the Muslim American Society, the Japanese American Citizens League, Valle del Sol, Inc., Coalicíon De Derechos Humanos, and individuals.

The defendants named are all county attorneys and sheriffs in Arizona.

You can read the legal complaint here. Arizona's actual law--the latest version, SB1070 as amended by HB2162, which Gov. Jan Brewer signed after originally signing the bill--is online here at Brewer's government website.

snip>

Read more: http://www.theatlantic.com/politics/archive/2010/05/a-court-challenge-to-arizonas-immigration-law/56840/

[customerserviceguy]

6. Federal Court?

Well, this should get it in front of Roberts, et al. mighty quickly.

[Wizard777]

7. I think it will quickly and easily be dismissed. The suit is based on Hypotheticals.

The court hears facts. This is basically a suit based entirely in supposition.

[jefferson_dem]

8. ACLU sues to stop Arizona's immigration law

Source: LAT

ACLU sues to stop Arizona's immigration law
A class-action suit filed by civil rights groups argues that the measure will lead to racial profiling and violates the Constitution.


A man is led into a police van during a protest against Arizona's immigration law in New York. More than a dozen demonstrators were arrested. (Spencer Platt, Getty Images / May 18, 2010)

By Nicholas Riccardi, Los Angeles Times

May 17, 2010 | 5:22 p.m.

Reporting from Denver

Several civil rights organizations filed a lawsuit Monday seeking to halt a controversial new Arizona law that requires local police to enforce federal immigration regulations.

The lawsuit is at least the fourth filed since Republican Gov. Jan Brewer last month signed the law, which makes it a state crime to lack immigration paperwork in Arizona and requires police to determine the status of people they suspect are illegal immigrants. The federal class-action claim contends that the law will lead to widespread racial profiling, infringes on the federal government's ability to set immigration policy and violates the Constitution's 1st and 4th amendments.

"This law is shameful, un-American, it will undermine public safety and it is unconstitutional," said Lucas Guttentag, an attorney with the American Civil Liberties Union, among the groups that filed the suit. Also named are the Mexican American Legal Defense and Educational Fund, the National Assn. for the Advancement of Colored People and the Asian Pacific American Legal Center.

The individual plaintiffs include a 70-year-old U.S. citizen of Spanish and Chinese descent who says he's been stopped twice by Arizona police asking for "papers"; a Latino citizen studying at Arizona State University whose New Mexico driver's license would not be accepted as proof of citizenship under the law; and a Jamaican immigrant who fears police will not believe the photocopy of a judge's order that he be allowed to stay in the country, the only paperwork he has that gives him legal status here.

Read more: http://www.latimes.com/news/nationworld/nation/la-na-arizona-immigration-20100518,0,3302168.story

[ZombieHorde]

9. I love the ACLU. nt

[jefferson_dem]

10. Word. There's no finer - more "American" - organization anywhere.

I joined at 20 years old, after watching Dukakis get hit with the "card carrying member of the ACLU" smear by Poppy Bush and I've never been more proud of any other "moment" in my political life.

[jillan]

11. Wonderful!!

[happygoluckytoyou]

12. ARIZONA... putting the AZ back in NAZI... going head to head with.....oh yes... REAL LAW ! ! !

ARIZONA GOING DOWN NOW AMIGO... AND THEY STILL LOSE THE TOURISM AND WIN THE STOOPIDEST STATE IN THE UNION 2010 AWARD....

MISSION ACCOMPLISHED GOV'NER