Court to hear first test of Arizona immigration law
SB 1070, the harsh Arizona’s immigration law, makes it a state crime to be in the country illegally; it states that an officer engaged in a lawful stop, detention, or arrest shall, when practicable, ask about a person’s legal status when reasonable suspicion exists that the person is in the U.S. illegally; the first legal challenge to the law is to be heard today in federal court in Arizona; the law is challenged on two grounds: plaintiff claims that the law would require police officers to use race as the primary factor in the law’s enforcement, forcing officers to violate the rights of Latinos; plaintiff also claims that state law is pre-empted by federal law: SB 1070 violates four acts of Congress that limit the authority of state and local law enforcement officers to enforce federal law
A Phoenix police officer’s lawsuit challenging Arizona’s immigration law becomes the law’s first legal test today (Thursday) in federal court. U.S. District Court Judge Susan Bolton is to hear a motion to dismiss the lawsuit filed by police officer David Salgado and a motion to prevent the law from going into effect on 29 July, the Arizona Republic reports.
Salgado’s lawsuit, one of seven filed against SB 1070, alleges that the law would require him to use race as the primary factor in its enforcement, forcing him to violate the rights of Latinos, among other things. It also claims state law is pre-empted by federal law.
The law makes it a state crime to be in the country illegally. It states that an officer engaged in a lawful stop, detention, or arrest shall, when practicable, ask about a person’s legal status when reasonable suspicion exists that the person is in the U.S. illegally.
Salgado’s attorney, Stephen Montoya, said the pre-emption argument is key to the case, which argues Arizona’s law violates four acts of Congress that limit the authority of state and local law enforcement officers to enforce federal law. “I know the people of Arizona, through the Legislature, passed (SB) 1070 and I respect that, but I’m an American first and an Arizonan second. We all have to be,” Montoya said. “The state of Arizona cannot pre-empt federal law, whether that’s federal patent law, federal tax law, federal drug law or federal immigration law.”
In asking to dismiss Salgado’s lawsuit, attorneys defending the law on behalf of Governor Jan Brewer filed motions saying the state law isn’t pre-empted by federal law and Salgado’s concerns are speculative, not imminent.
Next week, Bolton has two hearings scheduled on the matter, the Republic reports. In two separate hearings, she is scheduled to hear arguments in the lawsuit filed by the American Civil Liberties Union (ACLU) and several other groups, then hear arguments in the suit filed by the U.S. Department of Justice.
