San Luis, AZ — Glen Gimbut, City Attorney Updates On Ruling Over Senate Bill 1070.
The United States Supreme Court ruled Monday regarding Senate Bill 1070. The opinion stated that three of the provisions were in conflict with federal law and therefore illegal.
These provisions were: 1) criminalizing seeking work in Arizona without being in this country legally; 2) criminalizing failing to carry federally issued registration cards; and 3) allowing warrantless arrests if there is “probable cause'' a person committed an offense that makes them removable from the country under federal law.
By so ruling, the Supreme Court agreed with the amicus brief filed on behalf of local governments across the United States including the City of San Luis. The only provision that the Supreme Court did not automatically rule was illegal was the provision that state and local law enforcement make a reasonable attempt to check the immigration status of those they have lawfully stopped, if there is reason to believe that the person might be in the country illegally. In his opinion Justice Kennedy specifically narrowed the interpretation and application of this provision to existing law.
As a result, this means, as a practical matter, that SB 1070 will have no impact on the day to day operations of the San Luis Police Department. Under current law, the Police Department has routinely briefly detained persons believed to be illegally present in the United States, and contacted United States Border Patrol to let the proper federal authorities proceed with the matter. If federal authorities cannot timely respond, the person is released.
The statute makes clear this provision is to be applied in a practical manner. Being practical has been the practice of the Police Department for over thirty years. Under the opinion of Justice Kennedy it shall continue.
Please direct all current and future media inquiries to Karin Meza at (928) 920-5332 or email email@example.com