ACLU Files Class-Action Against Arizona's SB1070 Immigration Law

by Rory Cripps | May 18, 2010 at 08:30 am

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The American Civil Liberties Union and a coalition of immigrant's rights groups filed a class-action lawsuit on Monday challenging Arizona's recently enacted SB1070. The new law allows Arizona authorities to determine the immigration status of a person where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States.

Other provisions of SB1070 allow Arizona authorities to verify a person's immigration status with the federal government and if it is determined that the person is unlawfully present in the United States, authorities can immediately transfer that person to the appropriate federal facility or agency. The law also prohibits any restrictions on sending, receiving, or maintaining information regarding a person's immigration status.

The ACLU calls SB1070 "extreme" and charges that it requires police to demand "papers" from people they stop who they suspect are not authorized to be in the U.S.and "invites the racial profiling of people of color, violates the First Amendment and interferes with federal law.

Critics of SB1070 also charge that the law gives police the right to stop anyone they suspect of being an illegal immigrant, however the law as it's written only applies to those that have been stopped for some other violation or for probable cause such as suspected DUI.

The coalition filing the lawsuit includes the ACLU, MALDEF, National Immigration Law Center (NILC), the National Association for the Advancement of Colored People (NAACP), ACLU of Arizona, National Day Laborer Organizing Network (NDLON) and the Asian Pacific American Legal Center (APALC) – a member of the Asian American Center for Advancing Justice.

"Arizona's law is quintessentially un-American: we are not a 'show me your papers' country, nor one that believes in subjecting people to harassment, investigation and arrest simply because others may perceive them as foreign," said Omar Jadwat, a staff attorney with the ACLU Immigrants' Rights Project. "This law violates the Constitution and interferes with federal law, and we are confident that we will prevent it from ever taking effect."

In spite of an outpouring of protests against Arizona's tough new immigration enforcement law a majority of Americans support SB1070.

According to a recent Rasmussen poll of voters and likely voters, 55 percent of voters favor passage of such a law in their own state while only 33 percent are opposed. Sixty-nine percent of voters believe a police officer should be required to check the immigration status of anyone stopped for a traffic violation or violation of some other law if he suspects the person might be an illegal immigrant.

While 68% of Mainstream voters favor passage of a law like Arizona’s in their own state, 66% of the Political Class are opposed.

Most voters continue to say as they have for years that gaining control of the border is more important than legalizing the status of undocumented workers.

Americans also continue to overwhelmingly believe that English should be the official language of the United States and reject by sizable margins the idea that such a move is racist or a violation of free speech.

Eighty percent (80%) of voters believe that those who move to America should adopt American culture.

Proponents of SB1070 along with the law's critics agree on one thing: it is the broadest and strictest immigration measure to come along in generations.

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YankeeJim

at 12:18 on May 18th, 2010

We are a show me your papers country now, by necessity.

Barry ORegan

at 16:00 on May 22nd, 2010

As a Canadian, my feelings on this issue is "In any civilized community, private rights should cease, when they become public wrongs."

Rory Cripps

at 07:22 on May 23rd, 2010

Barry: The irony here is that Arizona is enforcing the federal immigration laws that have been on the books for years. In other words, SB1070 is consistent with federal laws and does not overstep federal boundaries. The open-borders crowd needs to take its fight to the Feds and push for a change of federal laws if they don't like them. Because the Federal government has refused to enforce the immigration statutes and control the influx of illegals across the border, taxpayers in states such as Arizona and Texas are faced with an undue burden of paying for enforcement, incarceration, medical services, etc. The Feds utter refusal to enforce the immigration statutes and place the burden on border states is an outrage.

K. Bond (not verified)

at 12:44 on May 18th, 2010

ACLU - you are way out of line with this issue. The states have rights to enforce the laws already set forth. By you filing a class action lawsuit against the state is proof positive that your agenda is driven by minority groups who make hefty $$ contributions...you are a despicable anti-American bunch of hypocrites. Rubbish.

acluedin (not verified)

at 13:47 on May 19th, 2010

"agenda driven by minority groups"? if you are white you pretty much are a minority, will you ask aclu to defend your rights or is that too unamerican for you?

Rory Cripps

at 06:37 on May 20th, 2010

acluedin (not verified): The ACLU is often consistent when it comes to first amendment rights. Indeed, they supported the KKK march in Skokie years ago.

Barry ORegan

at 15:54 on May 22nd, 2010

Bond.......................James........Bond! Apparently shaken and stirred!

shannon armour (not verified)

at 14:42 on May 19th, 2010

I believe this bill is valid as many of arizona's medicaid resources are spent on illegal aliens ie section 1011 and those who just so happen to make it across the border to give birth. Those resouces should be used on legal citizens who truely need the help. They (illegal aliens) have no rights in this country and should stop their complaining, they are lucky they made it accross the border in the first place. They need to go thru the proper channels and obtain a working visa and actually contribute to the state before they bleed it dry of the few resources it has to help the less fortunate. I am sick and tired of paying for thier medical care when I myself who works a full time job but does not have medical coverage has to go with out because I am responsible enough to not procreate on a yearly basis. Children are expensive if you can't afford the ones you have, use a goddamn condom. I am tired of paying for your bastart children!!!!!!

Ruli soto (not verified)

at 21:27 on May 19th, 2010

How ignorant can you really be? It's hard to believe that people actually will think like this. People like yourself is what has made this country the target of so many stereotypical views, is so saddly that there is human beings who can refer to children as bastards. Are you aware of the foreign policie that the United States holds with third world countries? these policies take any opportunity available of a stable economic life away from the native people in those poor countries. It's simply unacceptable that there are point of views that target undocumented worker who one way or the other provide significan socioeconomic achievement in this great nation. Maybe the proble are not these immigrants, but its the big racist sense that is still part of the United States foundation. Historically, as a nation we have stepped, destroyed and taken advantage of other nations that asked for our help. If one day our nation is in the need of help who will extend their hands? Money, Money and more Money is what many are worried about, but thinking with your pockets will not help no one. Immigrants are not the reason why there is a huge middle class in the U.S that doesnt allow others to move on, its does who are in the power, that small percent who push us to the bottom. Immigrants are hard working people who perform the jobs that others do not want or need to do. Is a natural course of society and no law or border can stop it. Since biblical times, we have been traveling searching for the welfare of the people, and as long as there is hungry children, and jobless people, migration will take place.

Rory Cripps

at 06:41 on May 20th, 2010

Ruli soto (not verified):

If one day our nation is in the need of help who will extend their hands?

The answer to that question is no one. My point being is that the U.S. shouldn't bother with other nations. But unfortunately America has gotten itself so tied up with the affairs of other nations that it's impossible to extricate itself.

Terry Thurough (not verified)

at 11:23 on May 20th, 2010

How ignorant are you? You won't even use the term illegal immigrant, you use undocumented worker. You are out there in a fantasy world. You want to help them, then leave this country and try to go to theirs. They don't want you. We don't want them unless they are here legally which really, is a very simple time consuming process. We are the melting pot, but of legal immigrants. Get over yourself and get your head out of Obama's back side you libtard!

Rory Cripps

at 10:06 on May 22nd, 2010

Terry Thurough (not verified): LMAO! Thanks for introducing me to a new word--"libtard"! HA!

BTW: The libtards really are not "out there in a fantasy world". They know exactly what they're doing! And what they hope to ultimately accomplish is the complete and total dismantling of America, its institutions and culture piece by piece under the guise of humanitarianism What better way to accomplish that than to completely dismantle the borders and therefore allow anyone and everyone to enter the country. And because PC (political correctness) has festered to the extent that it has, all those opposed to wide open borders and unrestricted immigration are labeled racists and xenophobes. So you've really got to hand it to those "libtards"! HA!

Gray Wilmsted (not verified)

at 08:24 on May 20th, 2010

This is a pretend law. Let's pretend we aren't overwhelming local law enforcement with a mandate to carry out potentially millions of misdemeanor arrests, undoubtedly at the cost of felony arrests for violent crimes. Arizona can barely pay its cops and fund its jails as it is without having to beg the Feds for money. Sadly, the ACLU and the Hispanic community are reacting exactly the way those who passed this law wanted : let's get lawyer, immigrant and Latino tempers up during an election year to cloud the fact the state govt has no idea how to lower 10% unemployment or how to slow the highest foreclosure rates in the country. While of course continuing the cynical practice of keeping employers far away the possible consequence of stiff jail time--the thing that feeds demand for illegal labor and trampling of the border in the first place. This law puts law enforcement in an impossible situation to cover up for political ineptititude and incomptence. Sad part is the public cheers along.

Rory Cripps

at 10:48 on May 20th, 2010

Gray Wilmsted (not verified): Unfortunately the federal government is not doing its job re the borders. What would you have states like Arizona do? Allow anyone and everyone to live there and work there in spite of their immigration status? I understand your point about how overwhelmed law enforcement is.and it's an excellent point.

Robert Rhodes (not verified)

at 04:24 on May 21st, 2010

I am a loyal Democrat and I agree with the Arizona's SB1070 Immigration Law which the Republicans passed and the Governor signed into law. I feel that my Democrats brothers and sisters aint listening to the people. We the people want our borders safe so we don't have to worry if our life is in danger.So lets support what we believe in and stop this war along our borders. Call on your local lawmaker and tell him/her to help support the Arizona's SB1070 Immigration Law and keep our borders and our people safe from these criminals!

Rory Cripps

at 04:57 on May 21st, 2010

Robert Rhodes (not verified): The dirty little secret is that there are many Democrats that agree with your sentiments, however they're afraid to admit it openly for fear of being called names such as racist and xenophobe.

A large majority of American voters support SB1070 and would like to see a similar bill passed in their state. Immigration reform is a no win situation for the Democratic party. The American voters simply want the U.S. government to enforce the immigration laws. If the Dems continue to pander to groups such as La Raza--which is nothing but a Latino hate group--they will alienate voters such as yourself. And on the other hand, if the Dems go along with the majority of voters on this issue, they will alienate one of their core constituencies. Americans are simply fed up with the federal government's refusal to enforce the immigration laws. The Republican's hands aren't clean on this issue either. But at least the Republicans are not calling for wide open borders which is essentially what the Dems want.

** (not verified)

at 15:49 on May 21st, 2010

I believe that if Legal Americans have to follow laws so should ILLEGAL immigrants! There are ways to come here legally. If you're already breaking the law then you need to stay where you are, we have enough crime.

Rory Cripps

at 18:02 on May 21st, 2010

** (not verified): Thank you for your comment. The majority of undocumented workers entering America from Mexico are not criminals per se other than in the sense that they've violated the U.S. immigration laws. They are just people that want a better life for themselves and their families. I'd do the same thing if I were a Mexican. And I personally have nothing against these people.

My problem is with the vile/putrid and corrupt government of Mexico and the vile/putrid and corrupt government of the United States. Only complete and total ignoramuses or mind-numb ideologues trust their government to do the right thing. The U.S. government has allowed the influx of illegals from Mexico to fester for many reasons. Have no doubt that the U.S. government could put a stop to it overnight if it was so inclined in spite of all the crap they tell us about the complexity of the problem. But the issue is coming to a head and the American voters are fed up with it more than ever. If this issue is not resolved within the next two election cycles, my prediction is that the America political pendulum is going to swing far to the right and get stuck there for decades.

Sheryl Ford (not verified)

at 06:24 on May 22nd, 2010

Ugh! If I get stopped for speeding, I get asked for my "papers" too. Do the words, "license, registration and proof of insurance" sound familiar? If I fail to provide any of these things when stopped I become suspect because it is a crime to operate a motor vehicle without them. I fully understand this as the law of the state that I live in and agree to comply everytime I start my engine. If, for some reason, I chose to drive without any of those things, I have also agreed to violate the law. The way I understand it is that is how SB1070 works. One must first break a law before being asked for their ID.Sounds to me that if I become suspect if after breaking a law I cannot provide the proper "papers" the same should apply to all. Funny, how when asked for these things I have never felt like any of my rights have been violated. Hmmm...maybe I should have called the ACLU the last time I was stopped for speeding.

Bob45 (not verified)

at 07:44 on May 22nd, 2010

A class action law suit is the right thing to do. This state is way out of line with this law. Where is human right's?You know minorities still do have rights whether we like it or not. I disagree with any law that treats a group less than the rest of the popularity period. I love how people keep saying well the law says no racial profiling blah blah. I don't see how will a cop do their job without racial profiling as a cop I will tell you that is impossible. This law is despicable and I won't enforce it!

Rory Cripps

at 07:33 on May 23rd, 2010

Bob45 (not verified):

Where is human right's?

Well apparently you don't give a crap about the rights of U.S. citizens when illegals trespass and destroy American citizen's property among other things. Mexico needs to get it together. It is a vile/putrid and corrupt country and American's shouldn't have to suffer for it. None of your arguments have any basis in fact and more than likely you're a racist that hates white people and has an axe to grind against the American culture.

Maria1976 (not verified)

at 07:50 on May 22nd, 2010

This law will divide the country like never before. In a time where we need one another a racist neo-nazi decides to come up with a bad idea like sb1070. I respect others opinion but when it has to do with violating human rights i can't. I'm half greek and half puerto rican. I'm totally against this lunatic law that will and has to racial profile in order to be a paper please state. those of you who support it might as well admit that your racist too.

Rory Cripps

at 08:53 on May 22nd, 2010

Maria1976 (not verified): Apparently you haven't read the entire story and looked at the links. If you did, you'd realize that your sentiments are only shared by a small minority. Most Americans want the immigration laws enforced. The federal government is not doing that. So it's left up to the states to do the job of the feds. Your attitude is only going to succeed in pushing more and more Americans to take a harder line toward this issue and cast their votes for politicians that are serious about controlling America's borders.