Daniel M. Kowalski: Key Provisions Of Arizona Immigration Law Blocked

  By Daniel M. Kowalski, Attorney, The Fowler Law Firm PC

Daniel M. Kowalski discusses the July 28, 2010 decision by Judge Susan R. Bolton in United States v. Ariz., 2010 U.S. Dist. LEXIS 75558 (D. Ariz. 2010).  Mr. Kowalski is an immigration lawyer with The Fowler Law Firm in Austin, Texas and is online editor of Bender's Immigration Bulletin - Daily Edition, sponsored by LexisNexis Matthew Bender.

JULY 28, 2010: Citing federal preemption concerns, Arizona federal district court Judge Susan R. Bolton enjoined four provisions of S.B. 1070, the controversial Arizona immigration statute.  Enjoined are:

1. that portion of Section 2 of S.B. 1070 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;

2. Section 3 of S.B. 1070, creating a crime for the failure to apply for or carry alien registration papers;

3. that portion of Section 5 of S.B. 1070 creating a crime for an unauthorized alien to solicit, apply for, or perform work; and

4. Section 6 of S.B. 1070 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.

The remainder of S.B. 1070 goes into effect on Thursday, July 29, 2010.

Judge Bolton stated: "Requiring Arizona law enforcement officials and agencies to determine the immigration status of every person who is arrested burdens lawfully-present aliens because their liberty will be restricted while their status is checked. Given the large number of people who are technically "arrested" but never booked into jail or perhaps even transported to a law enforcement facility, detention time for this category of arrestee will certainly be extended during an immigration status verification. ... Under Section 2(B) of S.B. 1070, all arrestees will be required to prove their immigration status to the satisfaction of state authorities, thus increasing the intrusion of police presence into the lives of legally-present aliens (and even United States citizens), who will necessarily be swept up by this requirement." (Page 16, Slip Op.)

An immediate appeal to the U.S. Court of Appeal for the Ninth Circuit is expected.

Former INS General Counsel Paul Virtue provided an online Q&A for the Washington Post, http://www.washingtonpost.com/wp-dyn/content/discussion/2010/07/28/DI2010072803948.html

Read Dan Kowalski's article: Long-Term Prospects for USA v. Arizona.

Listen to Dan Kowalski's Podcast on S.B. 1070: Texas Immigration Expert Dan Kowalski, Fowler Law Firm in Austin, on New Arizona Immigration Law.

Listen to Dan Kowalski's Podcast on Comprehensive Immigration Reform: Dan Kowalski Interviews Bernard Wolfsdorf on President Obama's Speech at American University on Comprehensive Immigration Reform.

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