Day labor provision in Arizona's SB 1070 unconstitutional, appeals court rules

2013-03-04T11:44:00Z Day labor provision in Arizona's SB 1070 unconstitutional, appeals court rulesBy Howard Fischer Capitol Media Services Arizona Daily Star

PHOENIX — A part of Arizona's 2010 immigration law aimed at day laborers and those who hire them is unconstitutional and unenforceable, a federal appeals court ruled today.

The 9th U.S. Circuit Court of Appeals rejected the state's argument that its interest in ensuring traffic is not blocked gives it the right to make it a crime for someone to enter a car stopped on the street to go to work elsewhere. The same law also criminalizes drivers who stop to pick of laborers.

Appellate Judge Raymond Fisher, writing for the unanimous three-judge panel, said it would have been one thing if the state simply made it illegal to block traffic.

Instead, the provision of SB 1070 specifically — and only — target day laborers. And that, Fisher said, makes it a unconstitutional infringement on the First Amendment rights of the individuals.

Fisher also said that lawmakers, in adopting the 2010 legislation, made it clear that they were less interested in traffic safety than they were in discouraging illegal immigration. He pointed out the measure spells out that one goal of the law is to make life so difficult for those not here legally that they leave the state or the country.

Gov. Jan Brewer said she had not seen the ruling.

But the governor, who signed the law in 2010, said it simply emphasizes that Arizona believes in “the rule of law.” And she was not deterred by the fact that this court now — and the Supreme Court which voided several other provisions of SB 1070 — has concluded otherwise.

Read more in tomorrow's Star

Copyright 2014 Arizona Daily Star. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Activate

Latest Election 2014 video

More

Meet the Candidate: Doug Ducey for Governor

Doug Ducey explains his plan for economic growth.

Follow the Arizona Daily Star

Featured businesses

View more...

Deals, offers & events

View more...

Lemonade Days of Summer Smoothies!

Flavors: The Pucker, The Squeeze, and The Crunch - for a limit…

Get weekly ads via e-mail