Block on Trump's Asylum Ban Upheld by Supreme Court
Opponents of the SB1070, the new Arizona immigration law, are claiming a partial victory after a federal judge issued an injuction blocking the state from allowing police to question people about their immigration status.
Under SB1070, signed by Arizona Gov. Jan Brewer in April, police were expected to "make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested" if the if the arresting officer has a "reasonable suspicion" that the person is an illegal immigrant. Reasonable suspicion means that the reasonable person or officer could reasonably believe that a person has been, is, or is about to be engaged in criminal activity (such as being in the country illegally) based on specific and articulable facts and inferences. Reasonable suspicion cannot be a mere hunch.
U.S District Judge Susan Bolton granted the injunction just hours before SB1070 would have gone into effect. The injunction also denies Arizona the right to:
The Arizona immigration case winding up in the Supreme Court seems a forgone conclusion. The Court could hear the case in October after the end of the summer recess.
The Justice Department issued a statement saying the court "ruled correctly."
Many disagree with the Justice Department's assessment. They contend that SB 1070 merely encourages Arizona to enforce what is already federal law and specifically bans racial profiling.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.