Wilner & O'Reilly, APLC
One Practice. One Focus. One Passion: Immigration Law.

Controversial immigration law being challenged

As immigration attorneys in California, we've seen a number of proposals debated concerning the treatment of immigrants who are facing deportation.  However, none of the laws passed in our state have garnered the amount of controversy as did the immigration enforcement law that was passed in Arizona in 2010.

The American Civil Liberties Union is once again attempting to have this law overturned in its latest legal challenge.  The ACLU argument revolves around the arrest of an individual who was sitting in a parked car.  It is alleged that police in that state detained one individual for around five hours, questioned him concerning his immigration status and then turned him over to the Border Patrol - without first charging him with any crime.

As it turned out, this individual was here under the Deferred Action for Childhood Arrivals or DACA program that has been implemented by the Obama administration. Many are also now accusing the police of using racial profiling when they arrested this individual.

The gist of the ACLU's lawsuit is a challenge to what is called the "papers please" provision contained in the Arizona law. In the mind of immigration activists, the requiring of having immigration papers on a person at all times they are in public ultimately will lead to racial profiling. Ultimately there can be arguments as to whether such a law will or will not violate the U.S. Constitution.

Attorneys who have represented clients in deportation defense lawsuits ultimately understand how complex such lawsuits can be. Defending these cases requires a thorough understanding of constitutional rulings concerning immigration law. It also requires dedication in representing a large variety of immigration issues.


Source: Huffington Post, "Efforts To Overturn Controversial 'Papers Please' Provision Get New Life," Nov. 13, 2013

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