Judge allows 'show me your papers' provision of SB 1070Posted: Updated:
A federal judge signed an order Thursday allowing Arizona to proceed with the controversial "show me your papers" provision of SB 1070.
The order signed Thursday means Arizona will not enforce Section 5 of SB 1070, which deals with the harboring of illegal aliens.
Last Friday, lawyers for the Department of Justice filed court papers indicating progress toward a settlement over court-challenged provisions of Arizona Senate Bill 1070.
In April, a federal judge ruled that both sides needed to sit down and try to reach a solution over the lawsuit filed in 2010.
"SB 1070 has been so horrible on our state. It has affected our economy. It has divided communities," said activist Lydia Guzman.
Andrew Wilder, spokesman for Gov. Jan Brewer's office, told CBS 5 News on Friday there was an "agreement in principle" to parts of SB 1070 and ARS 13-2929.
Here's what the judge ordered Thursday that attorneys on both sides agreed to:
The federal government drops its objection to the so-called "show me your papers" provision, in which suspected illegal immigrants could be detained and asked to provide proof of residency in the U.S.
In exchange, Arizona agrees to not implement the so-called "harboring" provision which, among other things, makes it illegal for anyone to "transport or move an alien in this state."
It also makes it illegal to "harbor or shield an alien from detection in any place in this state."
[Click here to read the order (PDF)]
"We're so glad the state has finally come to their senses in pursuing a case like this," said Guzman. "I think this is a really good trade off."
A status update filed in federal court, however, indicates both sides are no closer to an agreement on Section 4 of SB 1070, which deals with human smuggling.
An ACLU spokesperson provided CBS5 the following statement:
"Arizona's leaders may finally be coming to their senses about one piece of SB 1070. The ACLU showed in court that the law's harboring provision was unnecessary and unconstitutional, so it's encouraging that the state is considering a permanent block of this provision. We hope this also signals that Arizona will soon do the reasonable thing and agree to a permanent block of all the other unconstitutional provisions of SB 1070."
The "show me your papers" provision is also being challenged in court by the Arizona ACLU.
CBS 5 News has reached out to Brewer's office and the Maricopa County Sheriff's Office for comment. This story will be updated as they respond.
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