U.S. Supreme Court Won't Hear 2nd Arizona SB1070 Case; Finding Voiding Harboring Section For Vagueness Stands

Another provision of Arizona's well-known SB1070 law regarding illegal immigration enforcement was knocked out by the U.S. Supreme Court today, when it let stand a lower court injunction against the provision to criminalize harboring/transporting/concealing illegal immigrants.  The statute - A.R.S. 13-2929 - also would have criminalized encouraging/inducing illegal immigrants to enter Arizona.

The American Civil Liberties Union represented the plaintiffs challenging that provision.  Arizona failed to convince either the 9th Circuit Court of Appeals or the U.S. Supreme Court that the plaintiffs - a church pastor in Mesa and a Phoenix community clinic - had standing to challenge the provision.

This morning - one month after receiving the State of Arizona's reply brief - the U.S. Supreme Court announced that it would not accept Arizona's petition.

This is the section of the law that has now been found to be unconstitutionally vague and preempted by federal law:


It is unlawful for a person who is in
violation of a criminal offense to:
1. Transport or move or attempt to
transport or move an alien in [Arizona],
in furtherance of the illegal presence of
the alien in the United States, in a
means of transportation if the person
knows or recklessly disregards the fact
that the alien has come to, has entered
or remains in the United States in
violation of law.
2. Conceal, harbor or shield or attempt
to conceal, harbor or shield an alien
from detection in any place in this state,
including any building or any means of
transportation, if the person knows or
recklessly disregards the fact that the
alien has come to, has entered or
remains in the United States in
violation of law.
3. Encourage or induce an alien to come
to or reside in this state if the person
knows or recklessly disregards the fact
that such coming to, entering or
residing in this state is or will be in
violation of law.

Here is the ACLU's brief opposing the petition for writ of certiorari, and here is the 9th Circuit's opinion that was left in place today.

The U.S. Supreme Court had previously (2012) struck down three other provisions of SB1070 and upheld one.

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