SB 1070 – Section IIB Is Upheld & Three Provisions Are Struck Down


Section IIb, the most controversial provision of SB1070, has been upheld. This section requires police officers, who stop someone for another offense, to check immigration status if there is reasonable suspicion that the violator is here illegally.

This provision enables the state to point out to the federal government that they have illegals who need to be dealt with. Arizona hopes it will put pressure on the federal government to do something.

Jan Brewer believes the ruling on section IIb supports the rule of law and the 10th amendment. She said they must use this new tool wisely.

The Supreme Court left further decisions on this provision open depending on how it is going to be enforced. It is not the final word from the Supreme Court  and has been remanded back to the Ninth Circuit for interpretation –

…In fact, Justice Anthony Kennedy, who wrote the opinion for the court, said he and his colleagues want Arizona courts to specifically address some of those concerns.

He said, for example, someone might be stopped for jaywalking in Tucson and be unable to produce identification.

Roberts said SB 1070 requires officers to make a “reasonable” attempt to verify that person’s immigration status with federal officials if there is reasonable suspicion that person is in the country illegal.

“The state courts may conclude that, unless the person continues to be suspected of some crime for which he may be detained by state officers, it would not be reasonable to prolong the stop for the immigration inquiry,” he wrote.

In fact, Kennedy suggested the Obama administration brought the challenge to that section far too early, even before the law took effect.

“There is a basic uncertainty about what the law means and how it will be enforced,” he wrote.

“At this stage, without the benefit of a definitive interpretation from the state courts, it would be inappropriate to assume (that section) will be construed in a way that creates a conflict with federal law.”…[Yuma Sun]

There will be challenges to this section as soon as it is implemented. Lawsuits are already planned to challenge it the first time it is used.

Three sections were struck down, keeping immigration law in the province of federal government. States do not have the sovereignty to make immigration a state law. The provisions were invalidated because they override or conflict with federal law. The provisions struck down are – police cannot arrest based on probable cause without a warrant, the state cannot prevent illegals from obtaining employment, nor can they make it a state law to be in this country illegally.

This puts the power to enforce or not enforce immigration law in the hands of our imperial president.

The Alabama statute also assumed that a state has the right to act when the federal government will not abide by the law.

Read Arizona SB 1070

Governor Jan Brewer’s statement –

“Today’s decision by the U.S. Supreme Court is a victory for the rule of law. It is also a victory for the 10th Amendment and all Americans who believe in the inherent right and responsibility of states to defend their citizens. After more than two years of legal challenges, the heart of SB 1070 can now be implemented in accordance with the U.S. Constitution.

“While we are grateful for this legal victory, today is an opportunity to reflect on our journey and focus upon the true task ahead: the implementation and enforcement of this law in an even-handed manner that lives up to our highest ideals as American citizens. I know the State of Arizona and its law enforcement officers are up to the task. The case for SB 1070 has always been about our support for the rule of law. That means every law, including those against both illegal immigration and racial profiling. Law enforcement will be held accountable should this statute be misused in a fashion that violates an individual’s civil rights.

“The last two years have been spent in preparation for this ruling. Upon signing SB 1070 in 2010, I issued an Executive Order directing the Arizona Peace Officer Standards and Training Board (AZ POST) to develop and provide training to ensure our officers are prepared to enforce this law efficiently, effectively and in a manner consistent with the Constitution. In recent days, in anticipation of this decision, I issued a new Executive Order asking that this training be made available once again to all of Arizona’s law enforcement officers. I am confident our officers are prepared to carry out this law responsibly and lawfully. Nothing less is acceptable.

“Of course, today’s ruling does not mark the end of our journey. It can be expected that legal challenges to SB 1070 and the State of Arizona will continue. Our critics are already preparing new litigation tactics in response to their loss at the Supreme Court, and undoubtedly will allege inequities in the implementation of the law. As I said two years ago on the day I signed SB 1070 into law, ‘We cannot give them that chance. We must use this new tool wisely, and fight for our safety with the honor Arizona deserves.’”