ABA Adds Voice to Challenge to Arizona’s SB 1070

The American Bar Association has filed an amicus brief in the federal court action seeking to block enforcement of Arizona’s new immigration law.  It is unusual for the ABA to file an amicus brief before a case reaches the appellate level.  The brief argues that the federal government has exclusive power over immigration matters.  The ABA also lists three other reasons to block enforcement of the law:

• By requiring that officers verify immigration status if they have a reasonable suspicion that a person is here unlawfully, the law will increase use of racial profiling.

• By mandating the jailing of suspected undocumented immigrants until their immigration status can be verified, the law will result in unlawful and unreasonable detentions.

• Arizona will be required to appoint defense counsel for poor individuals detained under the law, increasing the burden on the indigent defense system.

The ABA filed the brief in Friendly House v. Whiting, a lawsuit filed by the American Civil Liberties Union and a coalition of civil rights groups.

KJ