Articles

Jul 28 2010

Injunction Halts Enforcement of Parts of SB1070

Author: Maegan La Mala

With less than 24 hours to spare, U.S. District Court Judge Susan Bolton issued a preliminary injunction that blocks parts of SB1070 from going into effect tomorrow.

Here’s what will not go into effect:

Portion of Section 2 of S.B. 1070
A.R.S. § 11-1051(B): requiring that an officer make a reasonable attempt to
determine the immigration status of a person stopped,
detained or arrested if there is a reasonable suspicion that
the person is unlawfully present in the United States, and
requiring verification of the immigration status of any
person arrested prior to releasing that person

Section 3 of S.B. 1070
A.R.S. § 13-1509: creating a crime for the failure to apply for or carry alien
registration papers

Portion of Section 5 of S.B. 1070
A.R.S. § 13-2928(C): creating a crime for an unauthorized alien to solicit, apply
for, or perform work

Section 6 of S.B. 1070
A.R.S. § 13-3883(A)(5): authorizing the warrantless arrest of a person where there
is probable cause to believe the person has committed a
public offense that makes the person removable from the
United States

Continue Reading…

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Jul 22 2010

Orgs & Feds in Court Today Against SB1070

Author: Maegan La Mala

Today, at 10 am EST, organizations including the ACLU, MALDEF, NAACP, National Immigration Law Center (NILC), Asian Pacific American Legal Center (APALC) – a member of the Asian American Center for Advancing Justice – ACLU of Arizona, and the National Day Laborer Organizing Network (NDLON) will appear in federal court in Phoenix, Arizona, arguing that SB1070 should not go into effect while it is being fought against in the courts.

Later today, the federal government will make the same argument in the same court.

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Jul 20 2010

Latin American Solidarity Against SB1070

Author: Maegan La Mala

From regular reader/commenter Bryan in this post thread:

Seven other Latin American countries are seeking to join Mexico in challenging SB1070 as the clock ticks towards its implementation date on July 29th.

Bolivia, Colombia, El Salvador, Guatemala, Nicaragua, Paraguay and Peru all filed legal briefs supporting anti-SB1070 lawsuits. The briefs have yet to be accepted despite that they are identical to the one filed by Mexico citing that SB1070 would lead to racial profiling and negatively impact trade and tourism.

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Jul 16 2010

Republicans to Arizona’s Rescue?

Author: Maegan La Mala

According to some Republicans in Congress, the Obama administration is being mean and picking on Arizona through it’s legal challenge to SB1070, set to go into effect on July 29th. Apparently having “more boots on the ground” on the border and programs like 287(g) and Secure Communties aren’t enforcement heavy enough so Arizona, according to the Republicans, is well within it’s right to enforce SB1070. Which is why, two Republican Senators, Sens. Jim DeMint (S.C.) and David Vitter (La.), are planning on attaching a procedural amendment to small business legislation next week to try and block the Federal Justice Department’s lawsuit.

As far as I know, there are currently three lawsuits against SB1070, the Federal lawsuit, the LULAC/Center for Human Rights and Constitutional Law suit, and the first suit filed by the ACLU and other orgs including Mexican American Legal Defense Fund (MALDEF), the National Immigration Law Center (NILC), Asian Pacific American Legal Center (APALC) – a member of the Asian American Center for Advancing Justice, ACLU of Arizona, National Day Laborer Organizing Network (NDLON) and the National Association for the Advancement of Colored People (NAACP).

The state has amassed a war chest of over a million dollars so far for the defense of the law, thanks in large part to donations.

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Jun 07 2010

Civil Rights and Liberties Group Ask for SB1070 Injunction

Author: Maegan la Mamita Mala

On Friday, a coalition of civil rights and civil liberties organizations filed for an injunction so that Arizona’s SB1070 will not be active pending a final court ruling on its constitutionality. The organizations named in the suit include the American Civil Liberties Union, Mexican American Legal Defense Fund (MALDEF), the National Immigration Law Center (NILC), Asian Pacific American Legal Center (APALC) – a member of the Asian American Center for Advancing Justice, ACLU of Arizona, National Day Laborer Organizing Network (NDLON) and the National Association for the Advancement of Colored People (NAACP).

The request for an injunction comes after last month’s filing of a lawsuit challenging the constitutionality of SB1070.

Pablo Alvarado, Executive Director of National Day Laborer Organizing Network said: ”

Arizona can’t pick and choose which portions of the United States Constitution to uphold. Federal law is very clear: Arizona can’t subordinate the rights of Mexican-Americans or those with Latino appearance and it certainly cannot rewrite federal immigration laws. Throughout history, when states have gone rogue and when they have unjustly and unlawfully scapegoated their residents, the court has had to intervene to be the ultimate defender of bedrock constitutional protections.”

I am not a legal expert and don’t know if there is a legal precedent for such and injunction to be granted pero it sounds like good idea to suspend the exercising of a law that legalizes racial while it’s legality is being challenged.

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Apr 29 2010

MALDEF, ACLU And NILC To Announce Challenge To Arizona Racial Profiling Law At Press Conference In Phoenix

Author: Maegan la Mamita Mala

For those waiting to find out about a legal challenge to SB1070, looks like there will be announcement about the next steps to make that happen later today in Phoenix.

Civil Rights Leaders Dolores Huerta And Richard Chavez Joined By Famed Musician And Arizona Native Linda Ronstadt To Condemn New Law

PHOENIX – On Thursday, April 29, 2010 at 11:00 a.m. (MST), MALDEF, the American Civil Liberties Union, the ACLU of Arizona and the National Immigration Law Center (NILC) will hold a news conference on the steps of the State Capitol Executive Tower in Phoenix, Arizona to announce that they are preparing to challenge Arizona’s extreme new law, which requires law enforcement to question people about their immigration status during everyday police encounters and criminalizes immigrants for failing to carry their “papers.” The unconstitutional law, the groups say, encourages racial profiling, endangers public safety and betrays American values.

Speakers will include Thomas A. Saenz, MALDEF President and General Counsel; Alessandra Soler Meetze, Executive Director of the ACLU of Arizona; Dolores Huerta, co-founder of the United Farm Workers of America; Richard Chavez, civil rights leader; and Linda Ronstadt, multi-Grammy winning artist and human rights advocate.

Fifteen years ago, MALDEF, ACLU and NILC successfully challenged Proposition 187 in the state of California, where a voter-approved initiative required proof of legal status to access virtually all public services. The enactment of Prop 187, as it was commonly referred to, tore apart schools and communities across the state as fear and suspicion became pervasive, and the state wasted tens of millions of dollars defending a law ultimately struck down as unconstitutional.

One of the lessons I learned from my mentor Richie Perez (RIP) is that struggle must happen on multiple fronts : in the media, on the streets, and in the courts. I look forward to hearing about this arm of the batalla.

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