July 2010, Week 5


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What's Next for Arizona's SB 1070?; The Economic &
Political Power of Immigrants (3 posts)

* What's Next for Arizona's SB 1070?
* A Breakdown of Legal Challenges to SB 1070
* A State-by-State View of the Economic and Political Power
  of Immigrants, Latinos and Asians
  All States Demographic Information Now Available


What's Next for Arizona's SB 1070?

by Julianne Hing  
July 29 2010, 1:58 PM EST 


This morning at 12:01 a.m., SB 1070 went into effect in the
state of Arizona. The most controversial portions of the law
were blocked by Judge Susan Bolton when she issued her
injunction ruling yesterday. But protesters are streaming
into the Phoenix area today from all over the Southwest for
a day of action and civil disobedience. Several groups have
vowed not to comply with SB 1070.

Meanwhile, the modified law went into effect alongside
promises from Maricopa County Sheriff Joe Arpaio to conduct
another of his infamous immigration sweeps today. It will be
his seventeenth. "I don't think the activists should be
celebrating in the streets yet," Arpaio told the Arizona
Capitol Times.

It should be an interesting day in the Grand Canyon State.

In its original language, SB 1070 would have made it a state
crime to be caught without papers in Arizona, and would have
allowed police officers to question any person's legal
status while enforcing state and local law, and even civil
code--like failing to recycle, or not cleaning up the weeds
in your front yard. The law would have mandated that a
police officer question any person they had "reasonable
suspicion" to believe was undocumented. Further, a person
who was arrested would have to be held in custody until
their immigration status was confirmed. These are the parts
of SB 1070 that were enjoined yesterday. Judge Bolton
blocked those portions temporarily so she can preside over
the lengthy court proceedings to now determine the
constitutionality of those provisions.

Arizona Gov. Jan Brewer, who signed SB 1070 into law in
April to great fanfare and controversy, dismissed the
temporary injunction as "a little bump in the road."

"The federal government got relief from the courts not to do
their job," she told reporters yesterday. "They need to step
up, the feds do, to do the job they have the responsibility
to do." She indicated that she planned to immediately appeal
the injunction. If filed, that appeal will be heard by the
Ninth Circuit Court of Appeals.

"This is an injunction, they haven't heard the merits of the
bill," Brewer said. "This is just an injunction, this is
just an injunction."

The portions of SB 1070 that still stand targeted day
laborers. They include a new statewide ban on entering a car
when hired to work, and conversely, hiring someone who's
entering a car that would obstruct the flow of traffic.
Judge Bolton blocked another part that makes it illegal to
seek labor.

Bolton did not enjoin the portions of SB 1070 that allow for
the impounding of a car that's found to belong to a person
who's undocumented or is used to transport people who are
undocumented. Neither did Bolton enjoin a section that
amends employer sanctions and adds new provisions against
transporting and harboring undocumented immigrants. A
provision barring cities in Arizona from forming "sanctuary"
cities was also allowed to stand.

Yesterday's ruling was a response to the Department of
Justice lawsuit against Arizona, and there are three
outstanding motions for injunctions that Bolton did not
respond to, although she mentioned the other cases in her
ruling. Linton Joaquin, an attorney with the National
Immigrant Law Center, which is one of the organizational
plaintiffs in the class action lawsuit, said on a
telebriefing yesterday that there's still a long road ahead
for SB 1070.

Attorneys from both sides will now return to Bolton's
courtroom to begin the real proceedings, debating the
constitutionality of the disputed portions of SB 1070--both
those that were enjoined and those that were allowed to go
into effect. That process could take months.

The Department of Justice's lawsuit against the state of
Arizona rests on one clause in the Constitution, which says
unequivocally that the federal government alone has the
right to create and enforce immigration law. Of course there
are many exceptions and tests to what's called the Supremacy
Clause--complicated somewhat by the fact that the federal
government actually does authorize local governments to
assist in immigration enforcement, in the form of 287(g) and
Secure Communities programs. The collection of six other
lawsuits against SB 1070 charge that the law contains a slew
of other constitutional violations (see our graphic breaking
those suits down).

While attorneys hunker down for a lengthy legal battle,
activists are ready to take to the streets today. Joaquin
said now is also the time for people to diligently document
their interactions with police and law enforcement. Already,
reports abound of Arizonans who've been stopped by the
police asking for their papers.

People are already gathered in Phoenix today to join a
hundred-day vigil that's been going ever since Brewer signed
SB 1070 into law on April 23. People met at 6 a.m. for a
mass before marching to Sheriff Arpaio's office at 8 a.m.
Vans of supporters are caravanning into the state, and
dozens of solidarity actions have been planned from Brooklyn
to Los Angeles today. We'll have images from those events
later today.

Immigrant rights groups in Arizona are far from ready to
claim victory yet. And many are trying to use the momentum
against SB 1070 to demand an end to 287(g) and Secure
Communities programs that allow for SB 1070-like enforcement
and have been quietly unveiled in hundreds of cities. But
Judge Bolton's ruling gives reason for cautious hope, at
least in the short term.

"The judge ruled that Arizona cannot decide we are going to
be a 'papers please' state for every person of color," said
Isabel Garcia, a co-chair of the immigrant rights
organization Derechos Humanos.

"We have the wind on our backs in a very, very long road to
restoring civil rights protections to the state of Arizona,"
National Day Laborer Organizing Network legal director Chris
Newman said yesterday. "We will continue all of our efforts
on all fronts, legal, political and community organizing, to
restore civil rights to immigrants and people of color in
the state of Arizona."

The temperatures are already in the 90s in Phoenix, and
there's talk of possible thunderstorms today--whether
they'll come rom the skies or from the rising immigrant
rights movement, it's hard to tell.


A Breakdown of Legal Challenges to SB 1070


A federal judge has blocked the most controversial portions
of the law while lawyers battle over it in court. But the
case -- or cases -- move on. Here's a look at the seven
lawsuits challenging Arizona's anti-immigrant law, along
with a breakdown of the constitutional protections the
critics argue the law violates.


A State-by-State View of the Economic and Political Power of
Immigrants, Latinos and Asians All States Demographic
Information Now Available

July 28, 2010

Washington D.C. - Today, the Immigration Policy Center
releases its complete series of 50 state fact sheets which
highlight the political and economic power of immigrants,
Latinos, and Asians in every state of the union. Immigrants,
Latinos, and Asians account for large and growing shares of
the U.S. economy and electorate. These easy to understand,
state-by-state demographic snapshots are a compilation of
current government and academic data on citizenship,
economic contributions, and voting habits.

Find out how much immigrants, Latinos and Asians contribute
to your state's economy:

* The Economic and Political Power of Immigrants, Latinos,
and Asians in all 50 States


For more information contact Seth Hoy at [log in to unmask]
or 202-507-7509.

The Immigration Policy Center (IPC), established in 2003, is
the policy arm of the American Immigration Council. IPC's
mission is to shape a rational national conversation on
immigration and immigrant integration. Through its research
and analysis, IPC provides policymakers, the media, and the
general public with accurate information about the role of
immigrants and immigration policy on U.S. society. IPC
reports and materials are widely disseminated and relied
upon by press and policy makers. IPC staff regularly serves
as experts to leaders on Capitol Hill, opinion-makers and
the media. IPC is a non-partisan organization that neither
supports nor opposes any political party or candidate for

A division of the American Immigration Council.

Visit our website at www.immigrationpolicy.org.



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