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Judge: Ariz. Can Ask Suspects To Prove Immigration Status

Thursday, September 6, 2012

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Arizona authorities can begin checking the immigration status of criminal suspects, but for now they cannot arrest people for harboring people suspected of being in the United States illegally, a federal judge ruled today.

U.S. District Judge Susan Bolton today denied a request to issue a new injunction against the so-called show-me-your-papers provision of the state’s tough 2010 immigration law, which the U.S. Supreme Court upheld in June. Opponents argued the provision, known as Section 2B, would lead to unconstitutional racial profiling of Latinos.

Bolton wrote that the lower court would not disobey the Supreme Court’s ruling that the provision “cannot be challenged further on its face before the law takes effect,” and restated the part of the court’s opinion that said the law might be open to other constitutional challenges, the Associated Press says.

Gov. Jan Brewer signed SB 1070 into law in spring 2010, and it was challenged immediately by the U.S. Justice Department.

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