Another legal attack on SB1070

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By Andrew Michalscheck By Andrew Michalscheck

PHOENIX -- Opponents of SB1070 have launched another legal attack on the controversial bill.

Last month, the Supreme Court struck down most of the law, but left the so-called “show me your papers” provision in place. It is the part of the law that requires law enforcement to ask for citizenship documentation if there is a suspicion that the person is in the country illegally.
Late Tuesday night, the Arizona chapter of the American Civil Liberties Union filed a preliminary injunction in Federal District Court to prevent law officers from enforcing the show me your papers provision.
According to ACLU attorney Dan Pochoda, the law cannot be implemented without violating the 4th and 14th amendment rights of Hispanics.
“If they are detained for a longer time than is legally permitted, that is an unreasonable seizure,” said Pochoda. "The law cannot be implemented without racial profiling.”
Opponents of the law who held a press conference Wednesday concerning the preliminary injunction argue that racial profiling is rampant in Arizona.
“We are seeing an overall pattern of racial profiling. 1070 could never have been carried out without racial profiling and without racial discrimination,” said Tupac Enrique-Acosta of the Tonatierra organization.
However, Arizona Attorney General Tom Horne said any arguments that SB1070 cannot be carried out without racial profiling are “patently false.”
“We are training our officers. We are changing the training video. It now warns people about not engaging in racial profiling and about detaining people for the proper time,” said Horne.
Both sides are awaiting a ruling from Judge Susan Bolton on the preliminary injunction.