Author: Law Office of Alena Shautsova
While the U.S. Supreme Court rendered its decision in the Arizona Immigration Law case, more lawsuits still challenge the validity of the provision that the Supreme Court upheld.
CNN reported that a coalition of civil rights organizations filed a federal court motion to block the provision that requires officers to check immigration status if reasonable suspicion exists regarding illegal status.
The legal arguments and evidence covered by the lawsuit against the provision include:
- Extended detentions for immigrants while checking status which violate Fourth Amendment rights against unreasonable searches
- No established time length limiting detentions
- Equal Protection Clause violations based on racial or natural origin discrimination (racial profiling)
- Illegal and discriminatory language used in SB1070 intending to impose racial profiling
Civil rights organizations bringing the action include the American Civil Liberties Union (ACLU), National Immigration Law Center, the Mexican Legal Defense and Educational Fund, and the National Day Laborer Organizing Network.
Five states – Alabama, South Carolina, Georgia, Utah, and Indiana – passed similar laws to Arizona’s immigration law and these states also face legal battles to sort out the validity of their new laws. In Arizona’s case, according to news media outlets, approximately 30 percent of the state’s population is Hispanic, and the state has a 370-mile border with Mexico where undocumented immigrants cross into Arizona. It claims the federal government has not effectively dealt with the influx of immigrants who do not have legal status. Immigration reform at the federal legislative level appears to be deadlocked in diverse political views on immigration between Democrats and Republicans.
A New York immigration lawyer can help if you face deportation, other immigration issues, or wish to pursue permanent residency or U.S. citizenship.