/ Modified oct 8, 2013 11:41 a.m.

Part of SB 1070 Struck Down by Federal Appeals Court

'Harboring and transporting aliens' clause called void because of its vagueness and is preempted by fed law.

A part of Arizona's law on illegal immigration was struck down by the 9th U.S. Circuit Court of Appeals Tuesday, which upheld a Phoenix federal judge in the case.

The three-judge panel said the "harboring and transporting of illegal aliens" clause of SB 1070 was a violation of due process and because federal law preempts it.

Its opinion said the law's description of "being in violation of a criminal offense" was vague and "unintelligible."

The U.S. Supreme Court last year ruled on four parts of SB 1070, striking down three and upholding one, which supporters said was the key provision, allowing law-enforcement officers to stop and question people suspected of being in the country illegally.

The case decided Tuesday came from a lawsuit filed by a coalition of immigrant support groups, unions, religious organizations and individuals. U.S. District Judge Susan Bolton of Phoenix decided on the original case, issuing an injunction to stop enforcement of the provision.

SB 1070, passed by the Arizona Legislature and signed by Gov. Jan Brewer in 2010, was considered the toughest anti-immigration law in the nation at the time. Large sections of it have subsequently been challenged in court.

The law came about from a push to stop illegal immigration in the state on several fronts. The part struck down Tuesday would have made it a crime to transport people in the country illegally, to "conceal, harbor or shield" them or to induce them to reside in Arizona.

By posting comments, you agree to our
AZPM encourages comments, but comments that contain profanity, unrelated information, threats, libel, defamatory statements, obscenities, pornography or that violate the law are not allowed. Comments that promote commercial products or services are not allowed. Comments in violation of this policy will be removed. Continued posting of comments that violate this policy will result in the commenter being banned from the site.

By submitting your comments, you hereby give AZPM the right to post your comments and potentially use them in any other form of media operated by this institution.
AZPM is a service of the University of Arizona and our broadcast stations are licensed to the Arizona Board of Regents who hold the trademarks for Arizona Public Media and AZPM. We respectfully acknowledge the University of Arizona is on the land and territories of Indigenous peoples.
The University of Arizona