Arizona Judge Throws Out Challenge To Controversial Immigration Law

A judge in Arizona has thrown out a challenge to the controversial SB 1070 immigration law, which allows police to ask for immigration papers from people they suspect are in the country illegally. The provision has already survived numerous challenges and controversies, and now it looks like it will stand for some time to come.

According to the Los Angeles Times, U.S. District Court Judge Susan Bolton decided on the case on Friday, affirming that police will be allowed to question people about their immigration status if they have a reasonable suspicion.

In her decision, she held that the law’s challengers had “not produced any evidence that state law enforcement officials will enforce SB1070 differently for Latinos than a similarly situated person of another race or ethnicity.”

With no evidence that the law would be discriminatory, the judge threw out the challenge.

SB 1070, particularly what is now called the “show your papers” provision, has been controversial since it was first enacted in 2010.

Judge Bolton initially issued a preliminary injunction to prevent the law from being enforced in 2010 after numerous challenges, including one from the U.S. Department of Justice.

The state sent an expedited appeal to the ninth district court. The law’s author Arizona state Senator Russell Pearce explained to CNN that he always intended it to eventually go to the Supreme Court.

“I wrote it to go to the supreme court. I’m begging for that fistfight at the Supreme Court. We will win in a 5-4 decision and finally settle this problem.”

He added, “My message to the judge is uphold the Constitution. Uphold state’s rights. This is a battle of epic proportions. This is the states versus the central government.”

Pearce’s law did eventually make it to the Supreme Court, but the decision was not what he had expected.

The Los Angeles Times reported the justices struck down three out of four challenged provisions in SB 1070, but left the “show your papers” section intact.

Writing for the majority, Justice Anthony Kennedy explained SB 1070 was not the right way to handle state’s immigration problems.

“Arizona may have understandable frustrations with the problems caused by illegal immigration… but the state may not pursue policies that undermine federal law.”

State Senator Pearce applauded Judge Bolton’s decision to maintain one of the last remaining sections of the law.

“She made it very clear the law was written very carefully not to be a race issue. It’s not a racial law.”

Still, she barred other aspects of the Arizona immigration law, including prohibitions on people offering day laborer services on the street.

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