SB 1070, the Arizona immigration law, is on for oral argument tomorrow at the U.S. Supreme Court. Justice Elena Kagan recused herself. If there is a 4-4 split, the 9th Circuit decision enjoining key part of the law stands.
My prior posts for some background:
- Arizona Law Upheld In Part – Order and Analysis Here (Update: Strikes Most Key Provisions)
- 9th Circuit Upholds Injunction Against Arizona Immigration Law
- Saturday Night Card Game (The Arizona Immigration Bill Is Not Racist)
Q: Which provisions of SB 1070 will the Supreme Court consider?
The Supreme Court will not rule on the entirety of SB 1070; it will only consider the provisions of SB 1070 temporarily enjoined by the federal district court in Phoenix.
• Section 2(B) requires state and local police officers to attempt to determine the immigration status of any person stopped under state or local law if “reasonable suspicion” exists that the person is unlawfully present in the United States. (Note: “reasonable suspicion” means having a valid reason to suspect unlawful activity, but not enough evidence to make an arrest.) This section also requires state and local authorities to determine the immigration status of any person placed under arrest, regardless of whether the person is suspected of being in the country unlawfully.
• Section 3 makes it a crime under Arizona law for unauthorized immigrants to violate the provisions of federal law requiring them to apply for “registration” with the federal government and to carry a registration card if one has been issued to them. Violations of this provision are punishable by up to 20 days in jail for a first violation and 30 days in jail for subsequent violations.
• Section 5(C) makes it a crime under Arizona law for immigrants who are not authorized to work in the United States to apply for work, solicit work in a public place, or perform work within the state’s borders. The term “solicit” means any form of communication, including a gesture or nod, indicating that a person is willing to be employed. Violations of this provision are punishable by up to six months in jail and a $2,500 fine.
• Section 6 authorizes state and local police officers to arrest immigrants without a warrant where “probable cause” exists that they committed a public offense making them removable from the United States. (Note: “probable cause” means having enough evidence of unlawful activity to obtain a warrant or make an arrest.) Under the provision, Arizona law enforcement officers may arrest lawfully present immigrants for crimes committed outside the state, or for crimes for which they
were previously incarcerated, if the commission of such a crime is grounds for deportation.
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