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'Show me your papers' provision in Arizona immigration law stays
By Catholic Online (NEWS CONSORTIUM)
September 7th, 2012
Catholic Online (www.catholic.org)
September 7th, 2012
Catholic Online (www.catholic.org)
U.S. District Judge Susan R. Bolton has denied a request to block the "show me your papers" provision in Arizona's immigration law. The action brings enforcement of the controversial 2010 closer to being enforced.
LOS ANGELES, CA (Catholic Online) - Opponents of the tough immigration law said that there was fresh evidence of racial discrimination should the judge block the provision. The law would let Arizona law enforcement, when performing other law enforcement functions, to check on the immigration status of suspected persons that they stop for unrelated reasons.Bolton ruled that the court could not block the provision based on what she termed the "possibility" of racial profiling, citing the U.S. Supreme Court's June decision that upheld that part of the law.
"Without a set of as-applied facts, the Supreme Court has held that it would be speculative to decide as a matter of law that (the provision) will be enforced in an unconstitutional manner," Bolton wrote.
Bolton had previously blocked the provision in a July 2010 ruling, which was praised by immigrant advocates and denounced by those who supported the measure. The Supreme Court reversed Bolton's ruling on that part of the law nearly two years later.
Bolton, in a separate order indicated that her original injunction, the last judicial roadblock stopping authorities from enforcing the "show me your papers" provision -- could be lifted within days.
"I applaud the federal court for siding with the U.S. Supreme Court in refusing to block the most critical section of this law," Arizona Governor Jan Brewer said in a statement, praising the ruling.
The American Civil Liberties Union, which had asked Bolton to block the provision, says it will continue challenging the law by documenting racial profiling throughout the state.
"Once this 'show me your papers' provision goes into effect, racial profiling will become rampant statewide...and we intend to ramp up our reporting and litigation efforts to seek justice on behalf of the victims of police abuse," Alessandra Soler, executive director of the American Civil Liberties Union of Arizona said in a statement.
Governor Brewer denied the accusation, saying "As I have said consistently, it is not enough that this law be enforced. It must be enforced efficiently, effectively and in harmony with the Constitution and civil rights. I have no doubt Arizona's law enforcement officers are up for the task ahead."
Bolton's ruling has blocked another part of Arizona's immigration law, which created a state statute criminalizing the harboring and transport of illegal immigrants. That provision, she ruled, conflicts with federal law.
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