Saturday, November 8, 2014

READ: Judge Bolton Goes Beyond SB1070, Strikes Down Arizona's 2005 Smuggling Criminalization

(This article is contributed by Tempe attorney Paul Weich.)

Basing her order on previous U.S. Supreme Court and 9th Circuit opinions on Arizona's anti-illegal immigrant SB1070 law, District Court Judge Susan Bolton has struck down Arizona's entire anti-smuggling statute.

Her Friday order (first reported on this morning by the Associated Press) granted a Motion for Partial Judgment on the Pleadings, which had been filed by the U.S. in its case against Arizona.  (The entire Order is presented below.)  

The U.S. asked the Court to strike down the entirety of A.R.S. §13-2319 (below, page 4 of SB1070). Arizona and Maricopa County Attorney Bill Montgomery (who filed an amicus brief on the issue) argued that the Department of Justice had only asked to strike down the part of the smuggling criminalization statute that was added by SB1070.  That subsection permitted law enforcement to pull over a vehicle "in violation of any civil traffic law" while enforcing the smuggling law.

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