Arizona's immigration law will clog state's courts

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Arizona's court system could find itself damned if it does, and damned if it doesn't do enough.

Attorneys in the Grand Canyon State fear the influx of legal battles that will undoubtedly arise as a result of the coming anti-illegal immigration law could overwhelm the Arizona court system.

"We already have a backlog of cases," immigration attorney Maria Jones told The Arizona Republic. "I think it's going to triple."

The fear comes from the manner in which the law is worded. According to SB 1070, police officers can, when questioning suspected criminals, inquire about their immigration status. Attorneys argue this will likely create a new influx of legal complaints and challenges that will flood Arizona's courts.

On top of that, if police officers fail to ask about the status of a suspect or enforce the law fully, they could be sued by any resident for failing to enforce the law.

According to SB 1070, "a person may bring an action in superior court to challenge any official or agency" for failing to enforce "federal immigration laws to less than the full extent permitted by federal law."

"I don't envy them at all," said Kara Hartzler, an immigration attorney and director of the Florence Immigrant and Refugee Rights Project.

Police officers themselves would not be personally or financially responsible if they are targeted by a lawsuit, the legislation states, but this means the already heavy backlog of cases in Arizona will only get worse.

As the July 29 start date approaches for the immigration law, Hispanics are reportedly fleeing Arizona.

Exact numbers are not yet available, but early reports from local schools, businesses and residents indicate Hispanics could be leaving in droves, USA Today reported last week.

"They're leaving to another state where they feel more welcome," said District Superintendent Jeffrey Smith.

Daily News

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