Judge upholds 'papers' provision in Arizona immigration law
A border fence in Arizona.
September 6th, 2012
03:00 PM ET

Judge upholds 'papers' provision in Arizona immigration law

By the CNN Wire Staff

(CNN) - A federal judge on Wednesday denied a request to block the "show me your papers" provision in Arizona's immigration law, bringing officials one step closer to enforcing one of the most controversial parts of the 2010 measure.

Opponents had argued that new evidence of racial discrimination showed that the judge should block the provision, which allows local law enforcement, when performing other state law enforcement functions, to check on the immigration status of those people they stop for another reason.

But U.S. District Judge Susan R. Bolton ruled that the court could not block the provision based on the possibility of racial profiling. She cited the U.S. Supreme Court's June decision that upheld that part of the law.

"Without a set of as-applied facts, the Supreme Court has held that it would be speculative to decide as a matter of law that (the provision) will be enforced in an unconstitutional manner," she wrote.

Bolton was the same judge who originally blocked the provision in a July 2010 ruling that was praised by immigrant advocates and decried by those who supported the measure. The Supreme Court reversed her ruling on that part of the law nearly two years later.

Undocumented immigrants face arrest as they proclaim, 'No papers, no fear'

In a separate order Wednesday, Bolton indicated that her original injunction - the last judicial roadblock stopping authorities from enforcing the "show me your papers" provision - could be lifted within days.

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Filed under: Immigration • Where we live
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