Supreme Court rules on SB 1070

Andy Hernandez from El Mirage and Allison Culver of Glendale get into a heated argument outside of the Arizona State Capital building Monday morning over immigration issues in the U.S. after the Supreme Court's split decision to block parts but uphold one key provision of Senate Bill 1070. (Photo by Shawn Raymundo)

After two years of legal and political argument over Senate Bill 1070, Monday morning’s Supreme Court ruling struck down parts of the law, while upholding a key provision

The court upheld a key provision of the law:

  • Section 2(B), which requires state law enforcement officials to request immigration status documents if “reasonable suspicion” exists that a person is in the country illegally.

And struck down three others:

  • Section 3, which makes it illegal under state law for immigrants to violate federal laws that mandate them to apply for registration and carry a registration card.
  • Section 5(C), which makes it a state crime for an unauthorized immigrant to seek employment in the U.S.
  • Section 6, which authorizes state law enforcement officials to arrest immigrants without a warrant if the officer has probable cause to believe a crime has been committed. This would make the immigrant eligible for deportation.

According to The Arizona Republic, the upheld portion of the law is still under an injunction placed by U.S. District Judge Susan Bolton in 2010. She must remove it in order for law enforcement to enforce Section 2(B).

The Supreme Court’s ruling will be used as a basis for deciding other lawsuits involving SB 1070.

Both sides of the debate celebrated the ruling. Rep. David Schweikert, R-Tempe, said in a news release, “This is a victory for Arizona and our state’s right to defend our citizens and protect our borders.”

Mayor Greg Stanton recently joined at least 20 other U.S. mayors requesting Congress take action to allow young illegal immigrants be allowed to seek legal status.

“Today’s Supreme Court decision that much of SB 1070 is unconstitutional is a stark reminder of the need for Congress to act immediately on comprehensive immigration reform,” Stanton said. “It also reminds us that our State Legislature should stop focusing on divisive issues and instead spend their time on job creation and smart economic development for the State of Arizona.”

 

Reach the reporter at ymgonzal@asu.edu

Danielle Grobmeier contributed to this story.

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