Key parts of Arizona immigration law blocked by judge

Arizona immigration law has key parts removed by a judge

The new immigration law that critics say encourages racial profiling and criminalizes immigration has had several parts blocked by a United States judge, just at the last minute before it was scheduled to come into effect yesterday.

The law is known as SB 1070 or the Support Our Law Enforcement and Safe Neighbourhoods Act and is internationally known as the “Arizona Immigration Law“.

As originally written, the law gives the power to law enforcement officers to stop anyone on sight and ask for proof of immigration status without adequate cause, meaning if a person “looks” foreign-born, they could be targeted.

However, the United States judge blocked the following provisions:

– Police officers are allowed to look into the immigration status of someone who is arrested or detained without a warrant on just suspicion of the person being illegal.

– Immigrants must carry their proof of status with them at all times and it would be illegal for them to look for jobs in public places if they had no status.

The second provision is aimed at day labourers and tradespeople, who are known to congregate outside of stores like Home Depot looking for people who may need help with their construction projects as a way to make money – sometimes, the only way in which they can make money.

Arizona Governor Jan Brewer, who signed the Act into law in late April, said yesterday that she would be filing an appeal to reinstate the law as it was written. She said, “The fight is far from over, at the end of what is certain to be a long legal struggle, Arizona will prevail in its right to protect our citizens.”

Yesterday, KTLA news’ television broadcast showed dozens of protesters disrupting a major downtown Los Angeles intersection by laying down chained together in the street to block traffic. The protest was peaceful, but by mid-afternoon police cut the chains and made the protesters disperse. Many more protests had been planned, including blocking access to federal offices, but the ruling came just as police were getting prepared to begin enforcing the new law.

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

Tags: Arizona Governor Jan Brewer arizona immigration law KTLA news' television broadcast SB 1070 Support Our Law Enforcement and Safe Neighbourhoods Act

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the American Bar Association. He is frequently called upon to appear in the media to discuss Canadian and US immigration issues effecting North Americans. He has been interviewed by Canada AM, CTV, Canada News Net, the Globe and Mail and the Toronto Star and has given lectures on immigration topics overseas.

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