Class action filed against Arizona's new statute

By Stephen Dinan, The Washington Times

The Obama administration is still weighing its options on Arizona’s new immigration law but the ACLU and a host of immigrant rights groups went ahead Monday with the broadest challenge yet, a class-action lawsuit that could become the main vehicle for the brewing legal battle.

The law continues to roil the immigration debate and, on Sunday, even crossed over into popular culture when a contestant on the Miss USA pageant said she supported Arizona’s decision, saying states should be allowed to experiment.

Polls suggest a majority of Americans back the law, and lawmakers in a number of states have proposed following Arizona’s lead — something the groups that filed the class-action suit Monday said they’re trying to head off.

“This law turns ‘show me your papers’ into the Arizona state motto, and racial profiling into the Arizona state plan,” said Lucas Guttentag, director of the American Civil Liberties Union’s immigrants’ rights project, which is leading the legal push.

The law requires police to ask for proof of legal residence from those they reasonably suspect to be illegal immigrants. The law specifically prohibits using race as a reason for suspicion, though opponents said they doubt police can meet the law’s requirements without racial profiling.

The ACLU’s suit lists a half-dozen constitutional grounds for the challenge, including whether the federal government has sole authority on immigration matters, whether the law violates the First, Fourth or Fourteenth Amendment, and whether it infringes on some people’s right to travel through Arizona.

Ten individual plaintiffs have joined with the groups in suing.

They range from two Jane Doe plaintiffs who say they lack convincing documents and could be psychologically hurt by a police stop, to Vicki Gaubeca, a naturalized citizen who lives in New Mexico, regularly travels to Arizona, and worries her state driver’s license doesn’t meet the stricter Arizona requirements.

To read more, visit: http://www.washingtontimes.com/news/2010/may/18/class-action-filed-against-arizonas-new-statute/

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