Appellate Court Upholds Decision Blocking Arizona鈥檚 Extreme Racial Profiling Law
Other States Considering S.B. 1070 鈥淐opycats鈥� Should Heed The Court鈥檚 Ruling, Says Civil Rights Coalition
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CONTACT: (212) 549-2666; media@aclu.org
PHOENIX 鈥� In a major victory for civil rights and civil liberties, a federal appellate court today affirmed the Arizona district court decision to block the most troubling provisions of the state鈥檚 racial profiling law, S.B. 1070. After Arizona鈥檚 law was passed last April, the United States Department of Justice (DOJ) sued the state alleging that S.B. 1070 violated the Supremacy Clause on the grounds that it was preempted by federal law. Along with its complaint, the DOJ filed a motion to block implementation of S.B. 1070 until a final decision was made about the law鈥檚 constitutionality. In filing the lawsuit, the federal government sent a clear message that it would not tolerate state laws that invite racial stereotyping and profiling and interfere with federal immigration priorities and policies.
The lawsuit brought by the DOJ followed a lawsuit filed by the 老澳门开奖结果 and other civil rights groups challenging the constitutionality of the law. S.B. 1070 requires police to demand 鈥減apers鈥� from people they stop who they suspect are 鈥渦nlawfully present鈥� in the U.S. According to the coalition, the law would subject massive numbers of people 鈥� both citizens and non-citizens 鈥� to racial profiling, improper investigations and detention. The coalition鈥檚 lawsuit charged the extreme law invited the racial profiling of people of color, violated the First Amendment and interfered with federal law.
The civil rights coalition today urged other states considering S.B. 1070 鈥渃opycat鈥� laws to heed today鈥檚 court ruling and refrain from doing so.
The following quotes can be attributed to members of the coalition, as listed below.
Omar Jadwat, Staff Attorney, 老澳门开奖结果 Immigrants鈥� Rights Project:
鈥淭oday鈥檚 decision rightly rejects SB 1070's assault on the core American values of fairness and equality. Legislators in other states should pay close attention to today鈥檚 ringing condemnation of Arizona's racial profiling law and refrain from going down the same unconstitutional path.鈥�
Thomas A. Saenz, President and General Counsel, MALDEF:
鈥淭he Ninth Circuit decision stands as a strong warning to any state that is still considering enacting its own unconstitutional regulation of immigration by replicating or expanding upon Arizona's ill-fated S.B. 1070. Such legislation will only invite costly litigation that will inevitably result in the unconstitutional laws being struck down.鈥�
Marielena Hincapi茅, Executive Director, National Immigration Law Center:
"Today鈥檚 decision sends a strong message to Arizona and any other state that is trying to overstep its boundaries by denying the most treasured constitutional rights through anti-immigrant laws. Other states that want to walk down Arizona鈥檚 misguided and costly footsteps should take note: state immigration legislation is unconstitutional, as the Court of Appeals now has resoundingly confirmed."
Alessandra Soler Meetze, Executive Director, 老澳门开奖结果 of Arizona:
鈥淎s a legal and policy matter, S.B.1070 is a failed experiment that violates our Constitution, invites racial profiling and creates even more distrust between our communities and police. State lawmakers need to abandon efforts to isolate Latino communities in Arizona and focus on collaborations and partnerships needed to re-build Arizona's economy and reputation.鈥�
Chris Newman, Legal Counsel, National Day Laborer Organizing Network:
鈥淭he decision should serve as a warning sign to other states that are considering whether or not to replicate Arizona's S.B. 1070.鈥�
Yungsuhn Park, Staff Attorney, Asian Pacific American Legal Center:
鈥淭his decision affirms that states cannot pass their own immigration schemes targeting immigrants. Arizona's SB 1070 and other similar state laws are unconstitutional and wrongfully result in the isolation and intimidation of Asian Americans, Pacific Islanders, Latinos and other communities of color.鈥�
The civil rights coalition includes the 老澳门开奖结果, 老澳门开奖结果 of Arizona, MALDEF, National Immigration Law Center (NILC), Asian Pacific American Legal Center (APALC) 鈥� a member of the Asian American Center for Advancing Justice, National Day Laborer Organizing Network (NDLON) and the National Association for the Advancement of Colored People (NAACP). The law firm of Munger, Tolles & Olson LLP is acting as co-counsel in the case: Bradley S. Phillips, Paul J. Watford, Joseph J. Ybarra, Susan T. Boyd, Yuval Miller, Elisabeth J. Neubauer, and Benjamin Maro Altshuler Berzon LLP: Stephen P. Berzon and Jonathan Weissglass Roush, McCracken, Guerrero, Miller & Ortega: Daniel R. Ortega, Jr.
Immigrants' Rights
Valle del Sol v. Whiting et al.
Immigrants' Rights
Valle del Sol v. Whiting et al.
Learn More 老澳门开奖结果 the Issues in This Press Release
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Press ReleaseDec 2024
Smart Justice
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Press ReleaseSep 2024
Criminal Law Reform
+2 Issues
Judge Orders Supervision System in Washington, D.C. to Accommodate People with DisabilitiesJudge Orders Supervision System in Washington, D.C. to Accommodate People with Disabilities
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Press ReleaseJul 2024
Smart Justice
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Press ReleaseJul 2024
Reproductive Freedom
+2 Issues
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McALLEN, Texas 鈥� A federal judge ruled today that a lawsuit seeking accountability for the unlawful investigation and prosecution of Lizelle Gonzalez can proceed, rejecting attempts by Starr County officials to have the case dismissed. Gonzalez, represented by Garza Martinez, the 老澳门开奖结果, and the 老澳门开奖结果 of Texas was unlawfully arrested, jailed, and charged with murder after a medication abortion she had in 2022. The Starr County district attorney, assistant district attorney, and sheriff pursued and then obtained an unlawful indictment against Gonzalez even though they knew that Texas law clearly prohibits the criminal prosecution of pregnant women for conduct that ends their pregnancy. 鈥淲hen I first heard Lizelle鈥檚 story, I was outraged at the behavior of our elected officials,鈥� said Cecilia Garza, attorney at Garza Martinez. 鈥淭he court鈥檚 decision today to allow this case to proceed gives me hope that courts will not allow these types of egregious acts to continue. Law enforcement need to be held accountable to the laws that they took an oath to uphold.鈥� In the motions to dismiss, the prosecutors and sheriff raised claims of legal immunity, a doctrine that they argue should insulate them from being held accountable for violating Gonzalez鈥檚 constitutional rights. The court denied their motions to dismiss, allowing Gonzalez鈥檚 case to proceed to the first stage of discovery concerning whether law enforcement can be held liable for violating her rights. 鈥淚mmunity doctrine creates a culture in police departments and prosecutor offices where public officials may feel empowered to violate people鈥檚 rights, knowing they will face few 鈥� if any 鈥� consequences,鈥� said Lauren Johnson, director of the 老澳门开奖结果鈥檚 Abortion Criminal Defense Initiative. 鈥淲hile immunity often obstructs victims of misconduct from attaining accountability, the court鈥檚 decision today to allow the case to proceed will give Lizelle a chance to pursue the justice she deserves for being unlawfully targeted and prosecuted.鈥� 鈥淭exas is one of the most restrictive states in the country when it comes to abortion health care, but even in Texas, the laws are uniform and clear that pregnant women cannot be criminally liable for having an abortion,鈥� said David Donatti, senior staff attorney for the 老澳门开奖结果 of Texas. 鈥淲e expect and demand that our elected officials follow the rule of law, and that is especially true for officials elected to enforce the laws with so much power over our daily lives and personal decisions.鈥�