Judge rejects claims that ‘show your papers’ is illegal

A ruling by U.S. District Judge Susan Bolton rejected claims that Arizona’s immigration law, called the “show your papers” law, was upheld as constitutional.

The ruling Sept. 4 was the seventh challenge to the 2010 law signed by then Gov. Jan Brewer. The section of the law upheld Sept. 4 allows police in Arizona to check the immigration status of anyone they stop.

 

“The recent court ruling has no effect on the way that the Glendale Police Department conducts business,” Glendale Police Department Public Information Officer David Vidaure said. “Policies were put into place in 2012 upon the passage of the then new legislation and those polices are still effective today.”

Bolton said immigrations rights activists, who challenged the law in court, failed to show police would enforce the law differently for Hispanics versus other faces. Bolton also upheld the section that let police check to see if a person is in the United States illegally and voided any laws targeting day laborers.

“Unfortunately, the plaintiffs did not have the necessary evidence needed to prove disparate treatment of Latinos by law enforcement in regards to immigration checks (S.B. 1070, Section 2B). Moreover, the U.S. Supreme Court ruled that the 2B Section was not pre-empted on its face, thus the Supremacy Clause was not violated. In addition, the Bolton court further stated that the 2B Section did not violate the Equal Protection Clause because it lacked evidence of essentially racial profiling data,” Shirl Mora James, a civil rights and immigration lawyer said in a press release. “To be successful in an Equal Protection argument, the plaintiffs need to advocate for racial profiling legislation that orders all Arizona law enforcement agencies to collect and compile such data on immigration status checks, which includes the race or ethnicity of the person stopped. In reality, Judge Bolton’s hands were tied because of Justice Kennedy’s opinion allowing S.B. 1070 Section 2B’s immigration status checks in the recent Arizona U.S. Supreme decision.”

Bolton rejected claims by immigrant rights activists that it was discriminatory. She said just because most of the people affected might be Hispanic, the law itself isn’t racially motivated.

Bolton also upheld a section that allows authorities to check to see if someone who has been arrested is in the country illegally.

“The law is the law. But I disagree. We don’t have to live with it. That’s why I chose to be an elected official so we don’t have to live with the ridiculous racists laws my colleagues that are in control make,” Arizona State Sen. Catherine Miranda said in a statement. “I’m there to fight against those laws. We will continue to fight in peace. But I’m wondering how much more peace will there be left. Kids are tired of their parents being targeted. Remember, this law will attack our citizens, too. Can you as a citizen live with being targeted? Because you will be.”

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