Friday, November 15, 2013

ACLU Claims South Tucson Police Department Violating Constitution in Implementing Section 2(B) of SB 1070

The American Civil Liberties Union is putting law enforcement agencies across Arizona on notice that they will be held accountable for constitutional violations that result from the implementation of the state's "show me your papers" law, Section 2(B) of SB 1070, enacted nearly three years ago.

The ACLU has initiated a legal claim against the South Tucson Police Department on behalf of Alex Valenzuela, a DREAMer who was unlawfully detained and taken to Border Patrol this summer by South Tucson officers. The organization today sent a "notice of claim" letter to the police department, the first step in pursuing relief on Alex's behalf. Last year, the U.S. Supreme Court declined to enjoin Section 2(B) because it found a "basic uncertainty" about what the provision actually requires of law enforcement officers. Alex's situation and numerous others around the state, demonstrate that-just as the ACLU and other civil rights groups have argued-the law unconstitutionally authorizes and encourages illegal police practices. This is the first challenge to Section 2(B) since it went into effect in September of 2012.

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