Indigenous Peoples and Human Rights

June 30, 2012

ACLU: Court order forbids SB 1070's racial profiling currently

We've Only Just Begun: Standing up for the Rights of All in Arizona

By Victoria Lopez, ACLU of Arizona at 4:24pm
The highest court in the land has had its say. Politicians and media pundits have had their news cycle. And in Arizona, we’re back to where this all begins and ends—where the resolve of people across the state will again be tested in the coming weeks and months as the “show me your papers” provision of SB 1070 is implemented.
In Arizona, part of that resolve requires simply sorting out the facts. In their zeal to claim victory, Gov. Jan Brewer and others in Arizona have incorrectly announced that SB 1070 would take effect immediately. Inaccurate statements such as these are irresponsible and muddy the already dark waters. Yesterday, civil rights organizations, including the ACLU of Arizona, sent a letter to the attorneys representing Gov. Brewer and other defendants in the Friendly House v Whiting case, explaining that the court order forbidding implementation of SB 1070's racial profiling provision, Section 2(B), remains in place unless and until it is modified by a further order from a federal court. Until that time, no law enforcement agency in Arizona should implement Section 2(B).
In the meantime, on the ground, we’ve only just begun. As the Court foreshadowed, many legal questions about Section 2(B) remain to be resolved. Together with a coalition of civil rights groups, the ACLU is moving forward in Friendly House v Whiting, our legal challenge that raises the exact claims left open by the Supreme Court – including claims that SB 1070 is discriminatory, will lead to racial profiling, and invites the unlawful arrest and detention of people of color, including many born in this country. Several of the plaintiffs in our case have already faced racial profiling and unlawful arrest by local police, or are afraid that they will be discriminated against because of the color of their skin.
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