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Despite ruling, immigrants still besieged in Arizona
By Valeria Fernandez
New America Media
Apr 13, 2011
PHOENIX, Ariz.—The U.S. Ninth Circuit Court of Appeals on Monday
upheld a federal judge’s decision to temporarily suspend key parts of
Arizona’s SB1070, the law that making it a state crime to be an
undocumented immigrant. The ruling is being celebrated by
pro-immigration groups, but it offers little relief to immigrants.
“Everything remains the same,” said Raúl Cordero, an immigrant from
Mexico and member of a Neighborhood Defense Committee in Phoenix. “There
are still police officers out there that are implementing this law at
their discretion,” he added.
Gov. Jan Brewer, a Republican, signed SB 1070 into law on April 23,
2010. The U.S. Department of Justice subsequently filed a lawsuit
arguing that SB 1070 was pre-empted by federal law. And on July 28 of
last year, four provisions of the legislation were prohibited from
taking effect by Federal Judge Susan Bolton. Gov. Brewer appealed
Bolton’s decision, only to lose by two-to-one in the Ninth Circuit
Court.
One of the law’s suspended provisions, now upheld on appeal, would
require police officers to determine the immigration status of a person
they come into contact with based solely on the officer’s suspicion that
the person is in the United States illegally. Another provision would
make it a crime for people not to carry immigration documents to prove
their legal status.
The other suspended provisions would allow police to arrest a person
they suspect of being in the country illegally, and would criminalize
undocumented immigrants who apply for a job or are employed.
"The question before us is not, as Arizona has portrayed, whether state
and local law enforcement officials can apply the statute in a
constitutional way," says the appeals court decision ruling. "There can
be no constitutional application of a statute that, on its face,
conflicts with congressional intent and therefore is preempted by the
Supremacy Clause."
That is, the court found that Arizona lawmakers couldn’t reinterpret
federal laws beyond what Congress intended.
Lydia Guzmán, president of Respect/Respeto, an organization that
documents human and civil rights violations, described the decision as
“a victory in court, but not a victory on the streets.”
“Police officers are still stopping people and taking them to
immigration, and they are still being deported,” she said.
Cordero, a member of the PUENTE Movement, an organization that has
funded over 30 neighborhood organizing groups in Phoenix, receives daily
phone calls from family members of people who were pulled over for no
reason or for minor traffic infractions.
“Since this law was signed, it was like they stabbed the immigrant
community with a 10-inch knife,” said Cordero. The Bolton ruling pulled
the knife out five inches, but we are still wounded.”
The Ninth Circuit Court’s decision, however, goes “beyond the arguments
made by the Department of Justice,” said Dan Pochoda, the legal director
of the American Civil Liberties Union (ACLU) in Arizona, one of the
parties with pending litigation against SB 1070.
Pochoda explained, “(The appeals court) stated strongly that there’s no
inherent authority for local law enforcement to enforce a federal, civil
immigration law.” Reactionary anti-immigrant groups, he said, have
argued that the state didn’t need SB 1070 to detain and deport
undocumented immigrants.
Gov. Brewer said she is considering appealing Tuesday’s decision to the
U.S. Supreme Court or asking for full review of the decision by the
three-panel judge by the full Ninth Circuit Court. Most rulings are
rendered by three-judge panels, but in some cases contested decisions
are adjudicated by all 29 judges on the Ninth Circuit.
“I remain steadfast in my belief that Arizona and other states have a
sovereign right and obligation to protect their citizens and enforce
immigration law in accordance with federal statutes,” said Brewer, in an
official statement. “Monday’s decision by the Ninth Circuit Court of
Appeals to uphold Judge Bolton’s suspension of key provisions of SB 1070
does harm to the safety and well-being of Arizonans who suffer the
negative effects of illegal immigration.”
SB 1070 has prompted lawmakers in Georgia, Florida and Alabama to
consider enacting similar legislation.
"The decision should serve as a warning sign to other states that are
considering whether or not to replicate Arizona's SB 1070," said Chris
Newman, legal counsel for the National Day Laborer Organizing Network.
Luis Avila, president of the pro-immigrant Coalition Somos America,
warned that SB 1070 does not represent the beginning and end of
anti-immigrant law. Despite the recent defeat of five anti-immigrant
laws in the State Senate, dozens of others are still under consideration
in Arizona.
“There are huge implications for the passage of SB 1070. Hundreds of
millions of dollars have been lost in the state due to passage of this
law,” Avila said. Some studies estimate Arizona has lost close to $140
million in revenues connected to industries that thrive from tourism and
state conventions, because of the impact of an SB 1070-inspired economic
boycott of Arizona.
Avila said that the appeals court ruling is “a sign that our judicial
system is defending the constitutionality of laws,” but that it doesn’t
offer relief for those already affected.
In addition to the local and domestic organizations officially opposed
to SB 1070, a number of foreign governments filed opinions with the
court to express their disapproval of SB 1070. Among them are the
governments of México, Argentina, Bolivia, Brazil, Chile, Costa Rica,
Ecuador, El Salvador, Nicaragua, Paraguay and Peru.
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