9th U.S. Circuit Court Immigration News

In U.S. immigration law news, the 9th U.S. Circuit Court of Appeals recently upheld an injunction against several key components of Senate Bill 1070 – Arizona’s highly controversial immigration law.
Senate Bill 1070 was officially signed into law by Arizona Governor Jan Brewer on April 23, 2010, and was scheduled to go into effect on July 29.
However, shortly after the bill was signed into law, the Justice Department sought a temporary injunction to prevent it from taking effect until it received a full review from the courts.
The presiding U.S. District Court Judge in the case, the Honorable Susan Bolton, granted the temporary injunction, holding that immigration matters were the domain of the federal government and that four provisions of Senate Bill 1070 were unconstitutional because they intruded upon this domain.
Specifically, Bolton’s temporary injunction covered the following four components of Senate Bill 1070:
• The section criminalizing efforts by undocumented immigrants to solicit, apply for or perform work
• The section creating a new crime of failing to apply for or possess “alien-registration papers”
• The section allowing law enforcement officials to make a warrantless arrest of a person where there is probable cause to believe that he or she committed a crime making them removable from U.S. soil
• The section mandating that all state law enforcement officials must make a reasonable attempt to ascertain the immigration status of anyone stopped, detained or arrested if there is reasonable suspicion that the person is an undocumented immigrant
The state of Arizona immediately appealed the issuance of the injunction to the 9th U.S. Circuit Court of Appeals.
Here, the appellate court ruled to uphold the temporary injunction, declaring the four components of Senate Bill 1070 to be unconstitutional.
“We simply are not persuaded that Arizona has the authority to unilaterally transform state and local law-enforcement officers into a state-controlled (Department of Homeland Security) force to carry out its declared policy of attrition,” wrote Judge Richard Paez.
The state of Arizona may now either may ask a larger panel of judges on the 9th Circuit to revisit the case (en banc) or pursue a direct appeal to the Supreme Court of the United States.
It is important to note that if the Supreme Court refuses to hear the case or if it upholds the entire decision of the 9th Circuit, the matter will return to the courtroom of Judge Bolton. Once here, the Justice Department could ask her to rule in its favor and issue a permanent injunction – something that would appear to be a near certainty in light of her prior decision.
In this scenario, the four components of Senate Bill 1070 would never become law.
Despite the latest setback, Arizona’s government officials have vowed to keep fighting.
“I’m pledged to work as hard as I can to bring the case to the U.S. Supreme Court and win it there,” said Arizona Attorney General Tom Horne.
Stay tuned for further developments in the area of U.S. immigration law …
Due to the continued complexity of immigration laws with respect to naturalization and the exposure to facing a denial of this petition, it is critical to speak with a legal professional who has extensive specialized knowledge and experience in immigration law.
This post was provided for informational purposes only and is not to be construed as legal advice and you should speak with a Vermont immigration law firm for more info.

Leave a Reply

Your email address will not be published. Required fields are marked *