Appellate Court Upholds Injunction Blocking Arizona's Racial Profiling Law

CONTACT: Aadika Singh, 202-591-3308    
asingh@rightsworkinggroup.org

WASHINGTON, DC (April 13, 20110) – Rights Working Group (RWG) applauds this week’s decision by the Ninth Circuit Court of Appeals to uphold an injunction against Arizona’s racial profiling law, SB 1070.  The Ninth Circuit's decision affirms a lower court ruling which blocked the most controversial provisions of SB 1070 from taking effect.

"Arizona's law, as written, invites racial profiling.  The Ninth Circuit's decision is a clear message to other states considering similar bills that federal courts will not tolerate laws that result in discrimination," said Margaret Huang, Executive Director of Rights Working Group. Blocked provisions of SB 1070 would require Arizona police to determine the immigration status of any individual the police have "reasonable suspicion" to believe may be undocumented.  These provisions would encourage unconstitutional police practices, such as racial profiling, to go unchecked, violate the due process rights of those in our country, and result in large-scale distrust of law enforcement by communities of immigrants and those perceived to be immigrants.

Department of Homeland Security programs such as 287(g), the Secure Communities Initiative, and the Criminal Alien Program paved the way for Arizona's racial profiling law by involving state and local police in the enforcement of federal immigration law.  "This Ninth Circuit decision clearly holds that states do not have inherent authority to enforce federal immigration law.  The decision upholds our core constitutional values and commitment to due process and affirms the notion that federal immigration enforcement should remain the exclusive authority of the federal government," said Sameera Hafiz, Policy Director of Rights Working Group.

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Formed in the aftermath of September 11th, Rights Working Group is a national coalition of nearly 300 organizations from across the country representing civil liberties, national security, immigrant rights and human rights advocates.  RWG seeks to restore due process and human rights protections that have eroded since 9/11, ensuring that the rights of all people in the U.S. are respected regardless of citizenship or immigration status, race, national origin, religion or ethnicity.