Supreme Court ruling on SB 1070
On Monday, June 25th, the Supreme Court struck down three of the four provisions challenged by the Obama administration establishing that immigration policy is the responsibility of the federal government and not the states. However, the Court also gave the green light on one key provision, section 2B also known as "show me your papers," requiring local police to investigate the immigration status of any person stopped, detained or arrested on "reasonable suspicion" that they are in the country without legal immigration status. While the Supreme Court struck down the other three sections, section 2B was allowed to proceed, which means it will go back to the lower courts and based on their interpretation of the Supreme Court decision, will determine how this provision will be implemented. This process will likely take several weeks before section 2B can be implemented.
Below are the four sections of SB 1070 that were in question:
- Section 2B: Requires AZ to question someone based on "reasonable suspicion" that they are in the country without authorization. ALLOWED to PROCEED
- Section 3: Makes it a state crime when someone fails to carry their papers. BLOCKED
- Section 5c: Makes it a state crime for undocumented immigrants to work. BLOCKED
- Section 6: Allows police officers to make a warrantless arrest if they believe the person has committed a deportable offense. BLOCKED
See NNIRR Talking Points in Response to Supreme Court ruling on SB 1070.
For years, communities, especially in the border region, have been feeling the devastating impacts of border control and immigration policing policies and practices. On the one hand, SB 1070 makes these realities even worse, and on the other hand, it doesn't change much of that reality for communities at the border and interior alike who continue to struggle against a growing apparatus that consolidates immigration "enforcement" and policing at every level. Dismantling SB 1070, both the law and the spirit of the law, will be the task of our communities and movements for social justice and human rights.
Resources & Responses to SCOTUS ruling:
- Coalicion de Derechos Humanos - Press conference & community rally (6/25/12)
- Entrevista con Isabel Garcia - en Español (Radio Formula)
- SB 1070: A Law that Mandates Racial Profiling (Rights Working Group)
- What's at Stake - ACLU infographic
Backgrounders on SB 1070 and Supreme Court ruling:
The US vs AZ: A Primer for the High Court's Big Day on Immigration (by Colorlines online)
Q & A Guide to AZ vs US: What you need to know about the Supreme Court case (Immigration Policy Center)
The Lower Floor, by Linda Greenhouse (NY Times Opinion Pages, 5/2/12)