Global Immigration Blog : Immigration Lawyers & Attorneys : Jackson Lewis Law Firm : Labor Certification, Adjustment of Status

The list of lawsuits challenging Arizona’s Support Our Law Enforcement and Safe Neighborhoods Act (Senate Bill 1070) continues to grow. On May 17, 2010, 14 civil and immigrant-rights groups, along with 10 individuals, filed a lawsuit in U.S. District Court challenging the constitutionality of Senate Bill 1070. At least five separate lawsuits have been filed seeking to prevent the Bill from becoming effective on July 29, 2010. Unlike the others, the most recent lawsuit names Arizona’s county officials as defendants rather than Governor Jan Brewer.

The lawsuit alleges Senate Bill 1070 is unconstitutional on a number of grounds, including:

• The Bill violates the federal Supremacy Clause by attempting to bypass federal immigration law.

• The Bill deprives racial and national origin minorities of their 14th Amendment right to equal protection under the law by subjecting them to stops, detentions, questioning and arrests based on their race or national origin.

• The Bill infringes on the constitutional right to travel without being stopped, interrogated and detained.

• The Bill violates the First Amendment right to freedom of speech because it exposes speakers to scrutiny based on, among other things, an individual’s language or accent.

Several unions, including the UFCW and the SEIU, have signed up as plaintiffs for the most recent lawsuit. Labor unions have been extremely vocal in opposition to Senate Bill 1070 and have been active in calling for boycotts of Arizona businesses. These unions appear to be using opposition to the Bill as a tool to increase their organizing efforts in Arizona.

Jackson Lewis will continue to monitor the various legal challenges to the Senate Bill 1070 and will provide timely updates.
 

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The city councils of two major Arizona cities – Tucson and Flagstaff – have announced their intentions to file lawsuits to challenge the Support Our Law Enforcement and Safe Neighborhoods Act (Senate Bill 1070). The Flagstaff City Council voted unanimously in favor of a resolution authorizing the lawsuit. The Council described the move as an unfunded mandate for the City to carry out the responsibilities of the federal government. The cost to enforce the new immigration law will be overly excessive said Council members in Tucson as they authorized a lawsuit.

Meanwhile, City of Phoenix Mayor Phil Gordon, one of the most vocal opponents of the statute, said he will join with other Arizona mayors in filing a lawsuit seeking to invalidate the statute. Mayor Gordon had been pushing the Phoenix City Council to authorize a lawsuit on the City’s behalf, but was not able to gather sufficient support.

Additionally, both U.S. Attorney General Eric Holder and Homeland Security Secretary Janet Napolitano continue speak critically of the Arizona statute. Testifying before the Senate Judiciary Committee, Secretary Napolitano stated she fears Senate Bill 1070 will force U.S. Immigration and Customs Enforcement (ICE) to use its already stretched resources to deal with those arrested under Arizona’s new law and will siphon federal money and staff away from hunting down dangerous immigrants. Moreover, Attorney General Holder has said that the Department of Justice is reviewing the statute and will consider all of its options, including “the possibility of a court challenge.”

Stay tuned as Jackson Lewis continue to follow the growing number of legal challenges to Arizona Senate Bill 1070.
 

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The Arizona legislature has already made several changes to its recently enacted immigration statute, Support Our Law Enforcement and Safe Neighborhoods Act (Senate Bill 1070). On the legislature’s last day in session, it passed changes to the law, which the Bill’s sponsor, Senator Russell Pearce, stated were intended to clarify that “the bill prohibits racial profiling in any form.”

Opponents of the Bill had expressed concerns about how crime victims or witnesses would be treated in light of the Bill’s requirement that law enforcement question individuals concerning their immigration status during any “lawful contact.” In an attempt to address this issue, the legislature amended the statute to require questioning only where there is a “lawful stop, detention or arrest.” Moreover, the legislature eliminated the word “solely” from the provision in the Bill, stating that law enforcement officials may not “consider race, color or national origin…” in establishing reasonable suspicion that someone is in the country illegally. Finally, the Bill was also amended to clarify that law enforcement officials responding to city-ordinance violations would be required to determine the immigration status of an individual they have reasonable suspicion of being in the country illegally.

Governor Brewer signed these changes into law on April 30, stating that she believed the new language, combined with the original wording of the Bill, gives the law "maximum ability to withstand legal scrutiny." These changes will become effective with the rest of the Bill on July 29, 2010.

The changes, however, have done nothing to stop the furor over the Bill’s enactment. The calls for boycotts of Arizona and its businesses have continued to increase in the week since the Governor signed the Bill and will undoubtedly have an impact on Arizona employers.

We will continue to follow these breaking developments.
 

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The fervor surrounding Arizona’s new immigration statute, Support Our Law Enforcement and Safe Neighborhoods Act (Senate Bill 1070), has grown in the days since Governor Jan Brewer signed the Bill into law on April 23, 2010. The Arizona legislature adjourned on April 29, 2010, which means the Act will become effective 90 days later, July 28. The whirlwind of activity will likely increase in the period before the statute is scheduled to take effect.

On April 29, 2010, three separate lawsuits were filed challenging Senate Bill 1070. The first was filed by the National Coalition of Latino Clergy and Christian Leaders in U.S. District Court for the District of Arizona, alleging that the Act “creates state-wide immigration regulations [that are] independent from the existing federal system and clearly conflict[] with federal immigration law.” In addition, a well known Arizona civil rights lawyer filed two separate lawsuits in federal court (one on behalf of a police officer in Tucson and the other on behalf of a police officer in Phoenix) alleging, among other things, that the Act violates the First, Fourth, Fifth and Fourteenth Amendments of the United States Constitution. Leaders of three prominent civil rights groups announced they are planning to file a lawsuit to challenge the Act.

Meanwhile, calls for boycotts of Arizona businesses have spread and even gained momentum. Further, officials in San Francisco and Los Angeles have proposed that their cities not do business with companies in Arizona. Elected officials in other places, including St. Paul, Minnesota, have called for a boycott. Several groups have reportedly cancelled conventions planned for Arizona in opposition to the Act.
 

We will post updates as warranted.
 

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Less than two years after the enactment of the Legal Arizona Workers Act (“LAWA”), Arizona Governor Jan Brewer has signed into law the Support Our Law Enforcement and Safe Neighborhoods Act (Senate Bill 1070). The Act requires law enforcement officials to attempt to determine the immigration status of any person that they believe to be an alien unlawfully present in the United States. The Governor’s decision has thrust Arizona into the spotlight of immigration reform debate.

The controversial statute has attracted both national and international attention since the April 23 signing and has led to daily protests at the Arizona State Capitol in downtown Phoenix, as well as throughout the country. Several public figures have spoken out in opposition to the statute and there have been widespread calls to boycott Arizona businesses. Despite this, Arizona polls show widespread support for the bill among Arizona residents.

While opposition to the bill has focused largely on the new requirement imposed on law enforcement officials, Senate Bill 1070 has two provisions that will impact Arizona employers. The statute includes a provision prohibiting the hiring of day laborers. This same provision makes it a crime for unlawful aliens to “apply for work, solicit work in a public place or perform work as an employee or independent contractor in this state.” Senate Bill 1070 also adds a recordkeeping provision to LAWA that requires employers to maintain E-Verify verifications for each employee hired after January 1, 2008 for the duration of the employment or at least three years, whichever is longer. In addition, it adds a defense of entrapment for employers facing a claim that they either intentionally or knowingly hired an unauthorized alien.

Jackson Lewis will be closely monitoring developments relating to Senate Bill 1070 and the impact it will have on employers in Arizona and will be providing regular updates.
 

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