Arizona's Immigrant Smuggling Law Struck Down
Christian George Acevedo | | Nov 09, 2014 04:01 AM EST |
A federal judge in Phoenix, Az., struck down a state law against smuggling immigrants into the United States.
This was the latest state-enacted rule against illegal immigration in Arizona that has been thumbed down in court.
The ruling issued Friday by Judge Susan Bolton of Federal District Court coincided with the Justice Department lawyers' point that Arizona's anti-immigration law conflicted with federal rules against illegal immigration.
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In 2005, Gov. Janet Napolitano, who would serve as President Obama's health secretary, signed into law the bill that gave local law enforcement authorities the power to charge smugglers who trafficked illegal immigrants through the Arizona border. Furthermore, the law brought heavy penalties for traffickers who forced illegal entrants into hard labor or prostitution.
The enactment of S.B. 1070 allegedly altered the law.
S.B. 1070 was promulgated to recognize, prosecute and deport illegal immigrants.
The provisions included the legislation which criminalizes individuals who fail to present any documentation that would prove their United States citizenship.
Furthermore, the S.B. gave local officials extensive authority to detain individuals suspected of being in the country illegally.
President Obama has severely criticized such provisions from the start.
Justice Department lawyers are appealing for the strike down of S.B. 1070, arguing that the anti-smuggling law is superseded by the federal laws.
However, the H.B.'s supporters argued that the measures were not against federal law enforcement but serves as a supplementary law that the state could use to fight illegal immigration.
Lawyers of Gov. Brewer also argued that the efforts of federal officials to fight "human smuggling operations across the southwest border prevents "Arizona from cooperatively assisting in this effort by enforcing a state law that prohibits the smuggling of human beings for profit or commercial purpose," the lawyers wrote.
Arizona's law enforcement officials have been actually doing their part in the fight against human smuggling, they added.
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