My Analysis of Judge Bolton’s Injunction of Arizona SB1070

By Gerry Nance
Written: 7/29/2010 Revised: 7/29/2010 Printed: 7/29/2010

RE: 34999582-Injunction-against-SB-1070.pdf
http://www.scribd.com/doc/34998325/U-S-v-Arizona-Order-on-Motion-for-Preliminary-
Injunction

Prediction: Arizona will win on appeal, but appeal decision won't be out until March 2011.

Analysis:
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1. * Judge Bolton single-handedly blocked law enforcement checking the immigration
status of suspected illegals arrested in the commission of another crime!
>> Refers to: A.R.S. § 11-1051(B): requiring that an officer make a reasonable attempt
to determine the immigration status of a person stopped, detained or arrested if there is a
reasonable suspicion that the person is unlawfully present in the United States, and
requiring verification of the immigration status of any person arrested prior to releasing that
person.
>>> From US DOJ Website:
Criminal Resource Manual 1918 Arrest of Illegal Aliens by State and Local Officers
URL: http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm01918.htm
... "The decision warns, however, that the first violation of 8 U.S.C. § 1325(a) is a
misdemeanor, and that if applicable state law authorizes law enforcement officers to
arrest for misdemeanors only if committed in their presence, they would not be
authorized to arrest aliens for illegal entry (unless the officers should happen to know that
the alien had previously been convicted of illegal entry) unless they saw him/her cross
the border.
The disappointing aspect of Gonzales is the statement that an alien's "inability to
produce documentation does not in itself provide probable cause (to arrest)." See
Gonzales v. City of Peoria, supra, at 16. Pursuant to 8 U.S.C. § 1304(e), aliens are
issued registration cards and must carry such cards with them at all times. Aliens who
gain entry without the requisite inspection, and who therefore are not issued such cards,
violate 8 U.S.C. § 1325. Consequently, a law enforcement officer confronting an alien
who is unable to produce documentation arguably has probable cause to believe that a
violation of 8 U.S.C. § 1304(e) (failure to possess documents or 8 U.S.C. § 1325(a)
(entry without inspection) has occurred. (If the alien is undocumented and has been in
the United States for longer than 30 days, he or she has also violated 8 U.S.C. §
1306(a))." ...

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2. * Judge Bolton single-handedly blocked the requirement that legal immigrants carry
documents with them.
>> Or did she only say that states cannot make a redundant law directing legal
immigrants carry documents with them, since there exists a federal law?
>>> From US DOJ Website:
Criminal Resource Manual 1918 Arrest of Illegal Aliens by State and Local Officers
URL: http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm01918.htm
... "The decision warns, however, that the first violation of 8 U.S.C. § 1325(a) is a

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My Analysis of Judge Bolton’s Injunction of Arizona SB1070
By Gerry Nance
Written: 7/29/2010 Revised: 7/29/2010 Printed: 7/29/2010

misdemeanor, and that if applicable state law authorizes law enforcement officers to
arrest for misdemeanors only if committed in their presence, they would not be
authorized to arrest aliens for illegal entry (unless the officers should happen to know that
the alien had previously been convicted of illegal entry) unless they saw him/her cross
the border.
The disappointing aspect of Gonzales is the statement that an alien's "inability to
produce documentation does not in itself provide probable cause (to arrest)." See
Gonzales v. City of Peoria, supra, at 16. Pursuant to 8 U.S.C. § 1304(e), aliens are
issued registration cards and must carry such cards with them at all times. Aliens who
gain entry without the requisite inspection, and who therefore are not issued such cards,
violate 8 U.S.C. § 1325. Consequently, a law enforcement officer confronting an alien
who is unable to produce documentation arguably has probable cause to believe that a
violation of 8 U.S.C. § 1304(e) (failure to possess documents or 8 U.S.C. § 1325(a)
(entry without inspection) has occurred. (If the alien is undocumented and has been in
the United States for longer than 30 days, he or she has also violated 8 U.S.C. §
1306(a))." ...

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3. * Judge Bolton single-handedly said it remained legal for ILLEGAL aliens
(undocumented workers, in her language) to solicit employment in public places.
>> Recent 9th Circuit Court of Appeals ruling in City of Redondo Beach vs Day Laborers
sided with city.
http://www.ca9.uscourts.gov/datastore/opinions/2010/06/09/06-55750.pdf
>>>> Day Laborers cannot solicit from sidewalks, but there could be a gray area in respect to
parking lots used by day laborers, unless the merchants complain about trespassing, and police
are proactive to protect the business owners.

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4. * Judge Bolton said:
... "Federal immigration law also envisions certain areas of cooperation in immigration
enforcement among the federal government and state and local governments. See 8
U.S.C. § 1357(g)(1)-(9) (permitting DHS to enter into agreements whereby appropriately
trained and supervised state and local officials can perform certain immigration
responsibilities); id. § 1373 (establishing parameters for information-sharing between
state and local officials and federal immigration officials);" ...

>>> However Judge Bolton didn't mention:

U.S.C. § 1357(g)(10) Nothing in this subsection shall be construed to require an
agreement under this subsection in order for any officer or employee of a State or political
subdivision of a State--
(A) to communicate with the Attorney General regarding the
immigration status of any individual, including reporting knowledge
that a particular alien is not lawfully present in the United
States; or
(B) otherwise to cooperate with the Attorney General in the

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My Analysis of Judge Bolton’s Injunction of Arizona SB1070
By Gerry Nance
Written: 7/29/2010 Revised: 7/29/2010 Printed: 7/29/2010

identification, apprehension, detention, or removal of aliens not

lawfully present in the United States.
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5. Congress will need to address Sanctuary Cities, Counties and States.
MAP: USA Rule of Law and Sanctuary Cities, Counties and States.
URL: http://bit.ly/cPYVZk

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