Ninth Circuit Fails to Issue Injunction to Stop Use of Racial Profiling Provision

PHOENIX – A U.S. federal appeals court denied a motion yesterday from civil rights and immigrant groups calling for an injunction to stop Arizona from implementing or using the “racial profiling provision" of SB1070.

Last week, U.S. District Court Judge Susan Bolton signed a formal order that lifted the injunction that had blocked implementation of section 2(B) of SB 1070 since 2010. This provision of the law requires police to demand papers and investigate the immigration status of anyone they stop and have “reasonable suspicion” is undocumented. Arizona law enforcement agencies have since begun implemeting this provision of the law.

Rights Working Group members--the American Civil Liberties Union, the National Immigration Law Center, the Asian American Justice Center and  the Mexican American Legal Defense and Education Fund--which are challenging the law on civil rights grounds had petitioned the Ninth Circuit Court of Appeals to issue another injunction to block implementation of Section 2(B), arguing that it would lead to racial profiling.

In June, the Supreme Court found three provisions of the law unconstitutional but ruled that Section 2(B) could go into effect.