Are you curious as to the status of Arizona’s new immigration law? This month the United States Supreme Court, in Arizona v. United States, agreed to review a successful challenge to a number of the provisions of Arizona’s 2010 tough immigration statutes. At issue are several provisions of the controversial law, including a provision requiring police officers to detain anyone they “reasonable suspect” is illegally in the United States.
In July 2010, just one day before the law was to go into effect, Judge Susan Bolton of the Federal District Court issued an injunction, blocking certain of the provisions of the statute. In April 2011, the United States Court of Appeals for the Ninth Circuit denied the request of the State of Arizona to overturn the injunction. Earlier this month the United States Supreme Court granted the state’s request for further review of the ruling. We expect the case to be heard in the spring.
A central issue involves the process by which a police officer comes to “suspect” that an individual is an illegal immigrant. An Arizona Republic article reports allegations by critics that “reasonable suspicion” of illegal residency amounts to no more than physical appearance or speaking with a foreign accent. Interestingly, the Ninth Circuit decision voided the provisions of the statute based upon the fact that they were preempted by federal law, and therefore violated the U.S. Constitution.
In addition to the political impact of the decision, it will no doubt have an effect upon all those who are subject to traffic and other stops in Arizona. If you have been charged with a crime, including charges emanating from a traffic stop, contact a Phoenix Criminal Defense Attorney today.