Will Arizona Law SB 1070 Affect Your Immigration Case?

Arizona SB 1070, which was named the Support Our Law Enforcement and Safe Neighborhoods Act in the Senate, was introduced in 2010 and is one of the strictest anti-illegal immigration bills passed in history. But will the law affect your immigration case? Some feel that the measure encourages law enforcement to engage in racial profiling, while supporters disagree. In 2012, the United States Supreme Court decided that making immigration checks mandatory during traffic stops was constitutional. However, they struck down the other three controversial provisions in the bill. Thus, limiting the powers of that bill.

Police Officers Required to Check Documentation

Section 2(B) of the bill, often referred to as the “show me your papers,” section allows law enforcement to check the immigration status of anyone arrested or detained, especially in cases where they suspect the arrestee to be an undocumented immigrant. Section 3 stated that it would be a crime in Arizona to reside in the state without immigration papers, but this part was later struck down by the supreme court.

While officers can check a person’s papers and immigration status, they cannot arrest anyone they suspect to be an illegal immigrant or detain them without proof.

How Does Arizona Law SB 1070 Affect a Visa or Immigration Case?

It does not impact an immigration case unless you are in the country illegally. Further, the law may impact your case if you do not have supporting documentation giving you a right to be in the United States. If an officer pulls your vehicle over and suspects that you are an illegal immigrant, they have the right to check your status.

After contacting a police officer, it is possible you will be referred to Immigration Court where you may be processed for deportation. This does not always mean you will be removed from the United States. You may have options to fight removal. Therefore, it is in your best interest to speak with an immigration attorney in Arizona from Udall Shumway, PLC immediately.

This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Arizona Law SB 1070, or other Immigration Law matters, please feel free to contact Phil D. Ortega at 480.461.5330, log on to udallshumway.com,  or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.