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Injunction Issued Against Key Elements of Arizona Anti-Immigrant Law

Posted July 28, 2010 by Patrick Young, Esq.

Shortly before 1 PM Long Island time a Federal judge issued an order halting the implementation of the most controversial parts of Arizona’s new anti-immigrant law, SB 1070. According to the Arizona Republic:

Key parts of Senate Bill 1070 that will not go into effect Thursday:

• The portion of the law that requires an officer make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested if there’s reasonable suspicion they’re in the country illegally.

• The portion that creates a crime of failure to apply for or carry “alien-registration papers.”

• The portion that makes it a crime for illegal immigrants to solicit, apply for or perform work. (This does not include the section on day laborers.)

• The portion that allows for a warrantless arrest of a person where there is probable cause to believe they have committed a public offense that makes them removable from the United States.

The ruling says that law enforcement still must enforce federal immigration laws to the fullest extent of the law when SB 1070 goes into effect at 12:01 a.m. Thursday. Individuals will still be able to sue an agency if they adopt a policy that restricts such enforcement.

Bolton did not halt the part of the law that creates misdemeanors crimes for harboring and transporting illegal immigrants.

A full copy of the decision is here.

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