By Howard Fischer |Capitol Media Services/Arizona Capitol Times
The Obama administration officially dropped its challenge Monday to the controversial “papers, please” provision of SB1070.
U.S. District Court Judge Susan Bolton signed the order dismissing the government’s contention that the section is unconstitutional on its face because it infringes on the exclusive power of the federal government. The administration also had alleged there is no legal way to enforce the provision without racial discrimination.
In exchange, state officials agreed to stop fighting to preserve another section of the 2010 law that makes it a crime for anyone to knowingly transport or harbor someone not in this country legally. That section also made it illegal to “encourage or induce” someone to come to or reside in Arizona if they have no legal right to be in the country.
