Phoenix U.S. District Court Judge Issues Judgment Against Most Controversial Sections of Arizona Immigration Law SB 1070

Washington, D.C. (July 29, 2010) - U.S. District Court Judge Susan R. Bolton (Phoenix) halted the implementation of provisions of Arizona's controversial immigration law (SB 1070) yesterday by granting in part the Obama administration's request for a preliminary injunction. The injunction applies to a portion of Section 2 of the state law, which requires a police officer to verify the immigration status of any individual stopped, detained or arrested if the officer has a reasonable suspicion that the individual is unlawfully present in the U.S. Additionally, the injunction also applies to two provisions that assign criminal liability to persons who:

1) Fail to apply for or carry alien registration papers and;
2) Solicit work as an undocumented person.

Judge Bolton indicated in her ruling that it was "not in the public interest" for Arizona to enforce provisions that preempt federal enforcement of immigration law. Her partial injunction will be in place until the matter is resolved by the courts. Although the injunction places a temporary hold on some of the most contested sections of the law, the remaining portions took effect at 12:01 am today.

Last month, The National Black Law Students Association (NBLSA) filed an amicus brief with the Asian American Institute and 37 other amici in opposition of SB 1070. "We have been following this legislation and remain steadfast in our belief that the law has a detrimental and disproportionate effect on communities of color," said Melinda Hightower, National Chair of NBLSA. "We are pleased by Judge Bolton's ruling, but we also realize the issue is far from settled and will continue to be advocates of justice in this arena."

The Justice Department was also pleased with the decision, saying the court ruled correctly when it prevented the implementation of key provisions of the law. "While we understand the frustration of Arizonans with the broken immigration system, a patchwork of state and local policies would seriously disrupt federal immigration enforcement and would ultimately be counterproductive," Justice Department spokeswoman Hannah August said. "States can and do play a role in cooperating with the federal government in its enforcement of the immigration laws, but they must do so within our constitutional framework."

Arizona Governor Jan Brewer acknowledged the ruling as a setback but not an insurmountable one. "Obviously it's a little bump in the road," she told reporters in Phoenix. We knew regardless of what happened today, of course, one side or the other was going to appeal, so this begins the process. . . . They haven't heard really the merits of the bill. This is just an injunction, a temporary injunction." Governor Brewer has indicated that she intends to appeal Judge Bolton's ruling.

Press Contact:
Erica Washington
National Director of Public Relations
The National Black Law Students Association (NBLSA)
publicrelations@nblsa.org

About The National Black Law Students Association (NBLSA):

Founded in 1968, the National Black Law Students Association (NBLSA) is a national, non-profit organization created and designed to articulate and promote the professional needs and goals of Black law students; foster and encourage professional competence; focus upon the relationship of the Black attorney to the American legal system; instill in the Black attorney and law student a greater awareness of and commitment to the needs of the Black community; utilize member expertise to initiate a change within the legal system that will make it more responsive to the needs and concerns of the Black community; and do any and all things necessary and lawful in order to accomplish these goals.

NBLSA is the largest student-run organization in America and has approximately 200 chapters at law schools throughout the country. This represents almost every ABA accredited law school, plus several non-accredited law schools. These chapters represent nearly 6,000 Black law students in six regions that encompass 48 states including Hawaii and the Commonwealth of Puerto Rico. Recently, NBLSA has established an international connection with Black law students in Canada, England, South Africa, and the Bahamas who have decided to model their student organizations after NBLSA.

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