On September 18, 2012, U.S. District Judge Susan Bolton released the temporary restraining order on the immigration provision in SB 1070 A.R.S. 11-1051 (B). The action was pursuant to the U.S. Supreme Court’s ruling on the matter in June 2012.
At the center of a two year legal batter, is the provision in the law known as “Show me your papers”, and was the most controversial of Arizona’s SB1070. Under this provision a police stop must still be a lawful one. In other words, the “reasonable suspicion” that a violation of the law occurred in order to make a legal stop.
During the stop, the officer determines that there is reasonable suspicion that a person is unlawfully in the United States. If reasonable suspicion exists that the person may be in the country illegally, the officer must make a reasonable attempt to contact the USB Immigration and Customs Enforcement (ICE) Agency to confirm the immigration status of the detainee.
The law also requires police to verify immigration status of arrested or imprisoned persons prior to their release.
Lawful Documentation of US Residency
Under SB 1070 A.R.S. 11-1051 (B) a person is presumed to be in the United States legally if they can provide the following documentation:
• Valid Arizona Driver’s License;
• Valid Arizona Nonoperation ID License;
• Valid Tribal Enrollment cared or alternative Tribal ID;
• Valid US Federal, State, or Local Government issued ID, if the entity requires proof of legal presence to issue any of the above documents.
U.S. Presidential Executive Order Amnesty Exceptions
There are exceptions to the rules, including those afforded under the U.S. President’s Executive Order Decree on June15, 2012, which was also effective immediately. Eligible applicants will receive deferred action for a period of two years, subject to renewal, and will be eligible to apply for a work or school permit to reside in the United States.
This applies to otherwise illegal immigrants. The US Department of Homeland Security (DHS) began accepting applications for “Deferred Actions” for the following persons:
• Those brought to the US before the age of 16; and
• Those who are under the age of 31; and
• Who have lived in the USA continuously from June 15, 2007 to June 15, 2012;
• Currently enrolled and attending school; or
• Graduated or obtained a certificate of completion from high school; or
• Earned a General Education Development (GED) Certificate; or
• An honorably discharged veteran of the US Coast Guard or US armed forces; or
• Have not been convicted of a felony; serious misdemeanor; three or more other misdemeanors; and
• They do not pose a threat to national security or public safety.
The immigration laws in Arizona and on a Federal level continue to change and face legal challenges. Police spokespersons extended their intent to “Treat all individuals with dignity and respect, which is the ethical foundation of policing”. We will continue to follow up on changing legislation.
Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
Arizona DUI & Criminal Defense
Serving Tempe, Phoenix,Mesa, Chandler, Gilbert, Mesa, Scottsdale, AZ