No sooner had Arizona Governor Jan Brewer's signature dried on Senate Bill 1070 on April 23, 2010, than its most reprehensible parts faced constitutional scrutiny -- from both the federal government and human rights groups. In July 2010, a day before SB 1070 was to go into effect, U.S. District Judge Susan Bolten blocked several key provisions of the bill, including the "papers please" language that requires law officers to check the immigration status of people they arrest or even stop, if there is suspicion they are in the country illegally. Bolton said in her ruling,
"Requiring Arizona law enforcement officials and agencies to determine the immigration status of every person who is arrested burdens lawfully-present aliens because their liberty will be restricted while their status is checked." Tucson CitizenIn her July 2010 decision, Bolton also enjoined the provisions that require aliens to carry papers, that make it a crime for undocumented immigrants to apply for work, and that allow for warrantless arrests if there is probable cause the suspect committed a deportable crime. Earlier this year, Judge Bolton also put a stop to the section of SB 1070 that makes it illegal for drivers to stop for day laborers soliciting work.
Jan Brewer, who would never have become Governor had she not embraced all of SB 1070's hateful elements, appealed Judge Bolton's ruling, and in November 2010 the 9th Circuit Court of Appeals upheld Bolton. Brewer next jumped to the friendlier U.S. Supreme Court, which just heard arguments on April 23. A ruling may come as early as next week, and since Court watchers say the robed nincompoops appear sympathetic to Arizona's argument, a confident Brewer is notifying police officers that they should be prepared to question anyone who's caught driving, walking, or breathing while brown. In other words, all state law officers should get ready to act like Sheriff Joe Arpaio, who's facing a federal lawsuit for racial profiling.
Brewer on Tuesday issued an executive order requiring the Arizona Peace Officer Standards and Training Board to redistribute to all law-enforcement agencies by Friday a training video originally sent out when the law passed two years ago.The "rechaptered" training video tells police how to tell if there's "reasonable suspicion" that someone they stop or apprehend is here illegally, including language and "demeanor" (acting brown, I guess). We've already seen how Sheriff Joe Arpaio and his deputies interpret the "reasonable suspicion," clause, which has resulted in illegal arrests, neighborhood "sweeps," jailhouse murders, and more lawsuits than any other law office in the nation. Just wait till Arizona applies Arpaio's handiwork statewide.
"The governor is optimistic that the heart of SB 1070 will be upheld and implemented," Brewer spokesman Matthew Benson said. "The governor thought this was an appropriate time to revisit the issue and make sure Arizona law enforcement is as prepared as possible for partial or full implementation of the law." Arizona Republic