Ninth Circuit Court Finds Aspects of SB 1070 Unconstitutional - Phoenix Criminal Law News

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Ninth Circuit Court Finds Aspects of SB 1070 Unconstitutional

Immigration activists now have something new to cheer about. The Tucson Sentinel reports that a three-judge panel of the Ninth Circuit Court of Appeals found that there is sufficient evidence to believe that certain provisions of the controversial Arizona immigration law, SB 1070, are unconstitutional. Furthermore, the federal appeals court ruled that Arizona's lower court "did not abuse its discretion" when blocking provisions of SB 1070 from going into effect last year.

The Grand Canyon state was at the center of attention with the debate over immigration last year when the state's legislature passed the senate bill SB 1070 that was supposed to allow for police to arrest and detain suspected illegal immigrants without a warrant.

The law originally stated that any immigrant found without proper documentation would be charged with a violation of the law and that in some circumstances, law enforcers in Arizona could arrest immigrants based on reasonable suspicion.

Yet before the law even took effect, a federal judge issued an injunction that blocked key portions of the Arizona immigration law from being enforced. Governor Jan Brewer then took it upon herself to challenge the injunction before the Ninth Circuit Court.

Monday’s decision by the Ninth Circuit can be seen as a victory for the Obama administration and for immigration activists. However, the East Valley Tribune reports that an appeal to the U.S. Supreme Court is now likely. An appeal to the Supreme Court would be the final step that Governor Brewer would be able to take when it comes to efforts in getting provisions of the law to take effect.

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