Court of Appeals for Ninth Circuit Blocks Day Laborer Provisions of Arizona’s Immigration Law
Author: Law Office of Alena Shautsova
Based on a violation of the First Amendment that guarantees the right to free speech, the United States Court of Appeals for the Ninth Circuit recently struck down more of Arizona’s immigration law. The Arizona SB 1070 had a section that put restrictions on drivers attempting to hire day laborers. Two provisions made it illegal for drivers to stop their car and impede traffic to discuss hiring a day laborer. While Arizona proponents of the law claimed the law addressed traffic safety, the Appeals Court ruled that they only should target people who impede traffic.
Reference to speech involved was prohibited, which in these situations was commercially oriented communication with the purpose of hiring or attempting to hire a day laborer. The reference to protected speech was a First Amendment violation. The court noted that the law attempted to discourage immigration and not just correct traffic safety issues.
As state laws emerge addressing immigration reform, and higher appellate courts and the U.S. Supreme Court rule on the laws, immigration case law continues to evolve. Case laws set precedents and can eventually influence the outcome of how Congress decides to reform immigration.
If you or a loved one is subject to deportation or need help with legal status, consult a New York immigration lawyer so you can find out about the best way to deal with your situation.