AZMEX POLICY 15-9-16

AZMEX POLICY 15 SEP 2016


Challengers of Arizona's controversial SB 1070 immigration law end lawsuit
ASSOCIATED PRESS | September 15, 2016 @ 2:11 pm
http://ktar.com/story/1273377/challengers-of-arizonas-controversial-sb-1070-immigration-law-end-lawsuit/

PHOENIX — A coalition of civil rights groups said Thursday it has agreed to end its challenge of Arizona's 2010 immigration law in a deal in which the state issued guidelines on how police are to enforce the statute's most contentious section.

"We have succeeded by keeping the key provisions of SB 1070 in place," Arizona Attorney General Mark Brnovich said in a press release. "Our goal while negotiating this settlement was to find a common sense solution that protects Arizona taxpayers while helping our great state move forward."

An agreement to end the last of seven challenges to the law will be filed later in the day.

The deal centers on the law's requirement that officers question the immigration status of people suspected of being in the country illegally.

While the courts barred enforcement of other sections of the law, the questioning requirement was ultimately upheld by the U.S. Supreme Court, despite racial profiling concerns raised by critics.

A draft version of the guidelines includes requirement that officers document the reasons for their suspicion that a person is here illegally.

The Los Angeles Times reported the state of Arizona will also pay $1.4 million in attorneys' fees to the plaintiffs.

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Settlement Reached in SB 1070 Lawsuit
For Immediate Release: September 15, 2016
Contact: Mia Garcia (602) 339-5895 or Mia.Garcia@azag.gov
https://www.azag.gov/press-release/settlement-reached-sb-1070-lawsuit

Settlement Reached in SB 1070 Lawsuit

PHOENIX – Attorney General Mark Brnovich announced today the State of Arizona has reached a settlement in a lawsuit challenging SB 1070. The settlement keeps in place a key provision of SB 1070 section 2(b) which allows Arizona law enforcement to check the immigration status of those suspected of being in the country illegally. Under the settlement, all Plaintiffs and Defendants in Valle Del Sol vs. Whiting, agreed to dismiss their appeals.

"We have succeeded by keeping the key provisions of SB 1070 in place," said Attorney General Mark Brnovich. "Our goal while negotiating this settlement was to find a common sense solution that protects Arizona taxpayers while helping our great state move forward."

In September 2015, U.S. District Court Judge Susan R. Bolton granted Arizona's request for summary judgment and dismissed six of seven of the Plaintiffs claims in Valle del Sol v. Whiting. Judge Bolton also upheld section 2(b) which allows officers, while enforcing other laws, to question the immigration status of those suspected of being in the country illegally. The ACLU and other plaintiffs appealed the U.S. District's Court decision. Both parties have agreed to dismiss their appeals.

Under the settlement, an Informal Attorney General Opinion will be issued providing guidance and clarity to Arizona law enforcement agencies and officers on how to comply with the key provision of SB 1070 section 2(b). The U.S. Supreme Court (link is external) also upheld section 2(b). The informal opinion memorializes the U.S. District Court and the U.S. Supreme Court rulings. The Plaintiffs also agreed to reduce their attorneys fees to $1.4 million dollars.

The final terms of the settlement are currently pending court approval.

https://www.azag.gov/sites/default/files/2016-09-15%20Doc%201297%20Joint%20Case%20Disposition.pdf

https://www.azag.gov/sites/default/files/2016-09-15%20Doc%201297-3%20%5BProposed%5D%20Order%20Approving%20Parties%27%20Joint%20Case%20Disposition.pdf

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