Parts of SB1070, Arizona’s controversial immigration law, may be unconstitutional, and thus may not be activated at 12:01 am on Thursday, July 29, when the legislation is supposed to come into effect. The ruling comes from U.S. District Judge Susan Bolton, who serves in the United States District Court for Arizona.
The court issued a preliminary injunction against SB1070 in United States of America v. Arizona on July 28. The federal government is challenging the constitutionality of the Arizona bill.
The court did not, however, strike down the entire law or rule it unconstitutional. The court said certain sections may not go into effect with the rest of the law. They are likely to be unconstitutional, according to the court.
The sections in question are the ones which require a law enforcement officer to verify the immigration status of a person he or she has already stopped, if the officer thinks the person may be in the country illegally.
The section which makes it a crime not to apply for or carry alien registration papers may also not go into effect.
Making it a crime for an unauthorized alien to seek work may also be stricken down.
The section authorizing warrant-less arrest if there is probable cause to think the person has committed an offense for which he or she could be deported will not be enforced, according to the judge.
The court said that the United States would be irreparably harmed if the court did not bar these sections of SB1070 from being enforced.
The rest of the law will begin after midnight on July 29.
The court issued a preliminary injunction against SB1070 in United States of America v. Arizona on July 28. The federal government is challenging the constitutionality of the Arizona bill.
The court did not, however, strike down the entire law or rule it unconstitutional. The court said certain sections may not go into effect with the rest of the law. They are likely to be unconstitutional, according to the court.
The sections in question are the ones which require a law enforcement officer to verify the immigration status of a person he or she has already stopped, if the officer thinks the person may be in the country illegally.
The section which makes it a crime not to apply for or carry alien registration papers may also not go into effect.
Making it a crime for an unauthorized alien to seek work may also be stricken down.
The section authorizing warrant-less arrest if there is probable cause to think the person has committed an offense for which he or she could be deported will not be enforced, according to the judge.
The court said that the United States would be irreparably harmed if the court did not bar these sections of SB1070 from being enforced.
The rest of the law will begin after midnight on July 29.
