An Immigration Lawyer’s Advice: What to do if Detained in Arizona

New American Media:  “In recent weeks, immigration attorneys in Arizona and other states have been flooded with questions from anxious residents about how to avoid getting detained by immigration authorities and what to do if they or a loved one does get caught. Here’s some advice from Margarita Silva, an immigration lawyer in Phoenix affiliated with Los Abogados, a local Latino attorneys group.

Arizona Governor Jan Brewer’s Statement about Court Order Staying Enactment of Arizona’s

Here is the text of Arizona Governor Jan Brewer’s press release of July 28, 2010, about federal district Judge Susan Bolton’s order staying parts of SB 1070, Arizona’s illegal immigration law:

“I am disappointed by Judge Susan Bolton’s ruling enjoining several provisions of “The Support Our Law Enforcement and Safe Neighborhoods Act” — SB 1070; though I am heartened by some
findings – including the ban on sanctuary cities.

“This fight is far from over. In fact, it is just the beginning, and at the end of what is certain to be a long legal struggle, Arizona will prevail in its right to protect our citizens. I am deeply grateful for the overwhelming support we have received from across our nation in our efforts to defend against the failures of the federal government.

“I have consulted with my legal counsel about our next steps. We will take a close look at every single element Judge Bolton removed from the law, and we will soon file an expedited appeal at the United States Court of Appeals for the 9th Circuit.

“For anyone willing to see it — the crisis is as clear as is the federal government’s failure to address it.

“The judge herself noted that the stash houses where smugglers hide immigrants from Mexico before bringing them into the country’s interior have become a fixture on the news in Arizona and that, ‘You can barely go a day without a location being found in Phoenix where there are numerous people being harbored.’”

“When I signed the bill on April 23rd, I said, SB 1070 – represents another tool for our state to use as we work to address a crisis we did not create and the federal government has actively refused to fix. The law protects all of us, every Arizona citizen and everyone here in our state lawfully. And, it does so while ensuring that the constitutional rights of ALL in Arizona are undiminished – holding fast to the diversity that has made Arizona so great.

“I will battle all the way to the Supreme Court, if necessary, for the right to protect the citizens of Arizona. Meanwhile, I also know we still have work to do in confronting the fear-mongers, those dealing in hate and lies and economic boycotts that seek to do Arizona harm.

“We have already made some progress in waking up Washington. But the question still remains: will Washington do its job, and put an end to the daily operations of smugglers in our nation, or will the delays and sidesteps continue? I believe that the defenders of the rule of law will ultimately succeed with us in our demand for action.”

Take the MSNBC Online Poll on Arizona’s Immigration Law: 7/13/10 Results = 96% Favor (3,447,000) & 4% Oppose (144,000)

MSNBC is conducting an online poll asking if people think Arizona’s immigration law, SB 1070, is a good idea.  Take the poll and view the latest poll results.  Update:  As of July 14, 2010, the poll was taken down.  The numbers in the above headline were the numbers from the evening of July 13, 2010.  Could it be because ultra liberal MSNBC didn’t like the results?  Normally, a website would love to have 3.5 million visitors in a short period of time with the promise of millions more to ONE SINGLE PAGE!

US Bait & Switch on Immigration Law Enforcement – US Enlists Arizona Cops to Enforce US Immigration Law

New York Post:  “President Obama is suing Arizona for having its cops identify and round up illegal aliens — even though he’s also deputizing them to do the same thing.  That’s right: Under a little-known federal program called ICE 287(g), the administration has continued to enlist at least eight Arizona state law-enforcement agencies to carry out the procedures at issue in the new Arizona law, which goes into effect July 29.”

Complaint – US vs Arizona

Read the 25 page Complaint in the matter of The United States of America vs. The State of Arizona and Janice K. Brewer, Governor of the State of Arizona, in Her Official Capacity. The Complaint states three causes of action:

  1. Violation of the Supremacy Clause of the Constitution
  2. Preemption under Federal Law
  3. Violation of the Commerce Clause of the Constitution

It’s interesting to note that despite opponents constant statements that SB 1070 should be overturned because it will cause racial profiling, the Complaint is silent on racial profiling.  The US also filed a Motion for Preliminary Injunction and Memorandum of Law in Support Thereof.

Here is the Justice Department’s press release dated July 6, 2010, about the lawsuit.


WASHINGTON – The Department of Justice challenged the state of Arizona’s recently passed immigration law, S.B. 1070, in federal court today.  In a brief filed in the District of Arizona, the Department said S.B. 1070 unconstitutionally interferes with the federal government’s authority to set and enforce immigration policy,explaining that “the Constitution and federal law do not permit the development of a patchwork
of state and local immigration policies throughout the country.” A patchwork of state and local policies would seriously disrupt federal immigration enforcement. Having enacted its own immigration policy that conflicts with federal immigration law, Arizona “crossed a constitutional line.”

The Department’s brief said that S.B. 1070 will place significant burdens on federal agencies, diverting their resources away from high-priority targets, such as aliens implicated in terrorism, drug smuggling, and gang activity, and those with criminal records. The law’s mandates on Arizona law enforcement will also result in the harassment and detention of foreign visitors and legal immigrants, as well as U.S. citizens, who cannot readily prove their lawful status.

In declarations filed with the brief, Arizona law enforcement officials, including the Chiefs of Police of Phoenix and Tucson, said that S.B. 1070 will hamper their ability to effectively police their communities. The chiefs said that victims of or witnesses to crimes would be less likely to contact or cooperate with law enforcement officials and that implementation of the law would require them to reassign officers from critical areas such as violent crimes, property crimes, and home invasions.

The Department filed the suit after extensive consultation with Arizona officials, law enforcement officers and groups, and civil rights advocates. The suit was filed on behalf of the Department of Justice, the Department of Homeland Security, and the Department of State, which share responsibilities in administering federal immigration law.

“Arizonans are understandably frustrated with illegal immigration, and the federal government has a responsibility to comprehensively address those concerns,” Attorney General Holder said. “But diverting federal resources away from dangerous aliens such as terrorism suspects and aliens with criminal records will impact the entire country’s safety. Setting immigration policy and enforcing immigration laws is a national responsibility. Seeking to address the issue through a patchwork of state laws will only create more problems than it solves.”

“With the strong support of state and local law enforcement, I vetoed several similar pieces of legislation as Governor of Arizona because they would have diverted critical law enforcement resources from the most serious threats to public safety and undermined the vital trust between local jurisdictions and the communities they serve,” Department of Homeland Security Secretary Janet Napolitano said. “We are actively working with members of Congress from both parties to comprehensively reform our immigration system at the federal level because this challenge cannot be solved by a patchwork of inconsistent state laws, of which this is one. While this bipartisan effort to reform our immigration system progresses, the Department of Homeland Security will continue to enforce the laws on the books by enhancing border security and removing criminal aliens from this country.”

The Department has requested a preliminary injunction to enjoin enforcement of the law, arguing that the law’s operation will cause irreparable harm.

“Arizona impermissibly seeks to regulate immigration by creating an Arizona-specific immigration policy that is expressly designed to rival or supplant that of the federal government. As such, Arizona’s immigration policy exceeds a state’s role with respect to aliens, interferes with the federal government’s balanced administration of the immigration laws, and critically undermines U.S. foreign policy objectives. S.B. 1070 does not simply seek to provide legitimate support to the federal government’s immigration policy, but instead creates an unprecedented independent immigration scheme that exceeds constitutional boundaries,” the Department said in its brief.

Civil War – U.S. vs. Arizona

1.  New York:  “Federal Government Sues Over Arizona Immigration Law

2.  Wall St. Journal:  “U.S. Sues to Block Arizona Immigration Law

3.  Associated Press:  “Gov’t files suit to throw out AZ immigration law”

4.  Fox News:  “Illegal Immigration Costs U.S. $113 Billion a Year, Study Finds

5.  Associated Press:  “US government sues Arizona over anti-immigration law”

6.  Arizona Republic:  “Feds file suit to stop Arizona immigrant law

7.  Arizona Republic:  “”Reaction to federal lawsuit targeting Ariz. immigration law

8.  Phoenix Business Journal:  “Feds to sue Arizona over immigration law

9.  Phoenix Business Journal:  “Justice lawsuit: Arizona immigration law interferes with federal authority

10.  Phoenix Business Journal:   “Officials react to feds challenge of Arizona immigration law

11.  Phoenix Business Journal:  “Arizona contingent backs federal challenge to immigration lawsuit

Organizations, Cities and Governmental Agencies Boycotting Arizona

Organizations, cities and governmental agencies boycotting Arizona as of June 23, 2010:

  • Alpha Phi Alpha Fraternity
  • American Anthropology Association
  • American Educational Research Association
  • American Immigration Lawyers Association
  • Asian-American Justice Center
  • Center for Community Change
  • City of Austin, Texas
  • City of Berkeley, Calif.
  • City of Bloomington, Ind.
  • City of Boston, Mass.
  • City of Boulder, Colo.
  • City of Burlington, Vt.
  • City of Columbus, Ohio
  • City of El Paso, Texas
  • City of Gallup, NM
  • City of Hartford, Conn.
  • City of Los Angeles, Calif.
  • City of Oakland, Calif.
  • City of Richmond, Calif.
  • City of Sacramento, Calif.
  • City of San Diego, Calif.
  • City of San Francisco, Calif.
  • City of San Pablo, Calif.
  • City of Santa Monica, Calif.
  • City of Seattle, Wash.
  • City of St. Paul, Minn.
  • City of West Hollywood, Calif.
  • Cook County, Ill.
  • L.A. Gay & Lesbian Center
  • Leadership Conference of Civil and Human Rights
  • League of United Latin American Citizens
  • Major League Baseball Players Association
  • National Association of Black Accountants
  • National Center for Higher Education
  • National Minority Suppliers Development Council, Inc.
  • National Puerto Rican Coalition
  • National Urban League
  • Santa Monica College District Board of Trustees
  • Sebayit Tours & Newton-Thoth Inc.
  • Sociologists Without Borders
  • World Boxing Council

Arizona Jan Brewer Responds to Mexico’s Filing of a Brief in a Lawsuit Challenging Arizona’s Immigration Law

The country on the southern border of the United States that jails illegal immigrants and that enforces a tough no illegal entry policy filed a brief in U.S. court in support of overturning Arizona’s immigration law. The following is Arizona Governor Jan Brewer’s June 22, 2010, press release on Mexico’s action:

“I am very disappointed that the national government of our neighbors and friends to the south has chosen to file a brief in federal court that distorts the truth about Arizona and the United States.

“Despite false assertions and factual inaccuracies expressed by the country of Mexico in their recent brief filed in U.S. federal court, Arizona’s immigration enforcement laws are both reasonable and constitutional. They mirror what has been federal law in the United States for many decades, and they have built-in and clear protections for civil rights.

“The United States was formed as a nation of laws, and not of men. Arizonans are some of the most hospitable and generous people in the world, and we welcome visitors to share our incomparable natural beauty. Our cultures and our trade are intertwined, and so must be our respect for the rule of law.

“We refuse to accept that the United States government is unable to protect its citizens against a relentless and daily barrage of narco-terrorist drug and human smugglers. We will enforce, respect, and defend the laws of our land, including our laws that prosecute discrimination. We have taken additional steps to update training for our officers to legally enforce our new laws and to specifically prevent illegal racial profiling.

“I will continue to fight tirelessly to protect the citizens of Arizona, and to defend Arizonans in federal court. I believe that Arizona will ultimately prevail and that our laws will be found constitutional.”

Maricopa County Attorney’s SB 1070 Manual for Law Enforcement Officers

The Maricopa County Attorney published what appears to be a manual for Arizona law enforcement officers about Arizona’s new immigration law, SB 1070.  Federal law requires that every alien registered in the U.S. must be issued a certificate of alien registration card [8 USC Section 1304(d)] and carry the card at all times [8 USC Section 1304(e)].

Federal law also provides that every alien over 13 who stays in the US longer than 30 days is required to required to register [8 USC Section 1302(a)]and an alien who fails to register is guilty of a misdemeanor [8 USC Section 1306(a)].

The Maricopa County Attorney’s publication says:

“Appears no Alien Registration Act prosecutions at AZ US Attorney’s office”

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