Details of Temporary Injunction against parts of Arizona Immigration Law

Yesterday, federal district court Judge Susan Bolton ruled on the United States Department of Justice’s motion for a preliminary injunction preventing enforcement of Arizona’s SB 1070.  Her 36-page opinion largely grants the injunction against the bill’s most noxious elements: Sections 2b, 5c, & 6 of the law.

The following sections have been temporarily enjoined:

  • Reasonable Suspicion – requires police to verify someone’s documentation status based on “reasonable suspicion.”
  • Papers – makes it a crime to fail to apply for or carry registration papers.
  • Seeking employment – makes it a crime for undocumented people to solicit, apply for, or perform any work.

However, the following sections of the law were not enjoined and went into effect today

  • Limitations of Enforcement – Preventing cities and agencies from limiting enforcement of federal, requiring collaboration with federal authorities, and allowing any resident to sue any agency that adopts a policy that limits enforcement of federal immigration laws.
  • Day Laborers – Makes picking up a day laborer or entering a car as a day laborer in a way that impedes traffic into a crime.
  • Transport & Harboring – Makes it a crime to transport or harbor anyone unlawfully in the U.S. and empowers police to impound vehicles of anyone charged with doing so.
  • Gang & Immigration – Creates a fund for “gang and immigration intelligence team enforcement.”  No profiling here, for sure.

The Arizona Governor has indicated that the State will file an appeal with the Ninth Circuit.


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