We knew it would happen sooner than later. Following a ruling by the Supreme Court last Monday—which basically struck down Arizona’s controversial SB1070 law immigration, but allowed for the section 2(B) “show me your papers” provision to continue—organizations are beginning to challenge section 2(B), fearing that it will lead to racial profiling.
On Wednesday, the Mexican American Legal Defense and Education Fund (MALDEF) sent a letter to all the defendants (including Arizona Governor Jan Brewer) in Friendly Hill v. Whiting, the original case that led to Arizona v. United States being heard in the Supreme Court. The message from MALDEF? Don’t even think of implementing Section 2(B), because you can’t. This is what MALDEF posted on its Facebook site this week:
The coalition representing the plaintiffs in the ongoing civil rights legal challenge to SB 1070, Friendly House v. Whiting, sent a letter to counsel for all defendants, including Governor Brewer, explaining that SB1070 ‘s racial profiling provision, Section 2 (B), cannot be implemented unless a federal court dissolves the injunction. The U.S. Supreme Court’s recent ruling in Arizona v. United States did not lift the injunction, and the case will be sent to the lower courts for further proceedings. As a result, no law enforcement agency in Arizona should currently be implementing Section 2(B).
Here is the letter that was sent: