Immigration Lawsuit Challenges Arizona Law

A Mexican woman has filed an immigration lawsuit challenging the constitutionality of a controversial Arizona immigration law. Attorneys for Maria del Rosario Cortes Camacho filed the suit last week alleging that she was detained in a federal immigration facility for five days due to an illegal arrest. The Cortes immigration lawsuit challenges he Arizona law that gives jurisdiction to local and state police in enforcing federal immigration laws, including the arrest and detention of suspected illegal immigrants.

From Cracked Windshield to Immigration Lawsuit

In her immigration lawsuit, Ms. Cortex stated that two Pinal County Sheriff’s deputies had pulled her over in September 2012 for having a cracked windshield. Ms. Cortes also stated that she had applied for a visa so that she could work with investigators in a domestic dispute in which she was the victim. The immigration lawsuit stated that Ms. Cortes informed the deputies of her visa application, but they did not want to review it. The deputies arrested her for driving with a cracked windshield, driving without a license, and driving without proof of insurance.

Arrest Leads to Immigration Lawsuit

The immigration lawsuit alleges that the deputies who handcuffed her and transported her to a Border Patrol facility made an illegal arrest. Her attorneys stated their belief that the deputies violated their client’s Fourth Amendment rights to protection from illegal search and seizure. The claim in the immigration lawsuit stems from the allegation that Ms. Cortes was stopped and arrested primarily based on her immigration status.

Arizona Immigration Lawsuits Allege Racial Profiling

In previous immigration lawsuits challenging the law, the U.S. Supreme Court has ruled that police can question the immigration status of immigrants they believe to be in the country illegally. The high court has also blocked enforcement or struck down as unconstitutional parts of the Arizona law that require immigrants carry documentation proving their status. The Cortes case and other immigration lawsuits have carried allegations of racial profiling, as white law enforcement officers may pursue immigration investigations against Hispanic suspects, regardless of their immigration status.

Immigration Lawsuit Examines Enforcement Procedures

Since the Supreme Court upheld the powers of law enforcement officers to question a suspect’s immigration status, the Cortes immigration lawsuit seeks to test if such officers have the power to arrest and detain suspects they know are in the country illegally. In the Cortes case, attorneys for Ms. Cortes stated that the deputies operated under the mistaken belief that any immigrant without proper documentation is inherently violating immigration law.

Source: ABC News

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