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S.B. 1070: The Arizona Law and Report on Civil Rights Legal Challenge Organized by CLINIC and made possible by generous support from the Four Freedoms.

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Presentation on theme: "S.B. 1070: The Arizona Law and Report on Civil Rights Legal Challenge Organized by CLINIC and made possible by generous support from the Four Freedoms."— Presentation transcript:

1 S.B. 1070: The Arizona Law and Report on Civil Rights Legal Challenge Organized by CLINIC and made possible by generous support from the Four Freedoms Fund.

2 Sponsored by: Catholic Legal Immigration Network (CLINIC) and co-sponsors ACLU Immigrants’ Rights Project, the National Immigration Law Center (NILC), American Immigration Council (AIC), Detention Watch Network (DWN), Immigration Advocates Network (IAN), and the National Immigration Project of the National Lawyers Guild (NIPNLG)

3 Presenters Lead co-counsel of Friendly House et al. v. Whiting: – Omar Jadwat, ACLU Immigrants’ Rights Project – Karen Tumlin, National Immigration Law Center – Victor Viramontes, Mexican American Legal Defense and Educational Fund Moderator: - Debbie Smith, Catholic Legal Immigration Network

4 Overview of SB 1070 – why is the law important? Increased trends in state and local enforcement of immigration law in past years SB 1070 extreme culmination of that trend 17 other states considering anti-immigrant legislation modeled on SB 1070

5 SB 1070 Intended to make “attrition through enforcement” – “self-deportation” Signed into law April 23, 2010 – effective date July 29, 2010 Amended by HB 2162

6 Provisions of SB 1070 Creates new state-law criminal offenses regulating immigration – Requires police to make attempt to determine immigration status – Gives police authority to conduct warrantless arrests for immigration purposes – Allows police to transport noncitizens even outside jurisdiction of local agency

7 Provisions of SB 1070 Requires state and local law enforcement officers to investigate, detain and arrest those suspected of being in the US – Police required to investigate a person’s immigration status in the course of enforcing local laws Creates state criminal offense for those who do not carry immigration documents under federal “alien registration” law

8 Provisions of SB 1070 Establishes new provisions on employment – Creates state criminal offense to attempt to hire or pick up day laborers – Provides state criminal penalties for solicitation of work by those without employment authorization – Creates state criminal penalties for driving those without authorization to be in the US and authorizes impounding vehicles used to drive the undocumented

9 Civil Rights Challenge to SB 1070 Class action complaint, Friendly House v. Whiting filed May 17, Co-counsel – ACLU-IRP- MALDEF – NILC- ACLU of Arizona – APALC- NDLON – Roush, McCracken- NAACP – Munger, Tolles

10 Friendly House v. Whiting Complaint Organizational plaintiffs – Friendly House- SEIU – UFCW - ASAFSF – and others Individual plaintiffs – US citizens- LPRs – TPS grantee- Asylum applicant – Withholding of removal grantee

11 Friendly House v. Whiting Complaint Defendants – County Attorneys in Arizona – County Sheriffs in Arizona Other cases filed challenging SB 1070

12 Friendly House v. Whiting Complaint Causes of Action: – Supremacy Clause – federal law preempts state law – Equal Protection – impermissible discrimination against non-citizens and deprivation of equal protection – First Amendment – unconstitutional restrictions on right to free speech and assembly

13 Friendly House v. Whiting Complaint Causes of Action: – Fourth Amendment – protection from unreasonable search and seizure – Article II, § 8 of Arizona Constitution – stops, seizures, arrests, disturbed in private affairs – Due Process and Fourteenth Amendment – deprivation of liberty without due process of law

14 Friendly House v. Whiting Complaint Causes of Action: – Infringement on the Right to Travel – Section 1981 of U.S.C. 42 – prohibits discrimination under color of state law

15 Friendly House v. Whiting Preliminary Injunction Filed June 4, 2010 Motion to enjoin defendants from enforcing SB 1070 Organizational and individual plaintiffs will suffer immediate and irreparable injury if no injunction Relief requesting

16 Friendly House v. Whiting Preliminary Injunction Claims under preliminary injunction: – SB 1070 violates the Supremacy Clause Unconstitutional regulation of immigration Preempted by federal laws and regulations – SB 1070 violates the constitutional right to travel – SB 1070 violates the First Amendment

17 Friendly House v. Whiting Preliminary Injunction Next steps – Amicus briefs in support – Defendants’ opposition – Plaintiffs’ reply Hearing

18 Friendly House v. Whiting Preliminary Injunction Resources on SB 1070 and Civil Rights Legal Challenge – – – – – –


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