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Will Effective Portions of Arizona's SB 1070 Hit Church Vans?

By Howard M. Friedman

While portions of Arizona's SB 1070 targeting illegal immigrants was struck down by a federal court last month (full text of decision), other portions of the law have gone into effect. According to New America Media today, church leaders are particularly concerned about one of those provisions that has gone into effect, Sec. 13-2929, which provides:

A. It is unlawful for a person who is in violation of a criminal offense to: 1. Transport or move or attempt to transport or move an alien in this state in a means of transportation if the person knows or recklessly disregards the fact that the alien has come to, has entered or remains in the United States in violation of law....

Church groups often transport their undocumented members to services or spiritual retreats in church vans or buses. The Phoenix Police Department says the provision would not be triggered by a traffic stop of a bus or van for speeding or ignoring a stop sign. But University of Arizona law professor Gabriel Chin says that police could stop a vehicle for suspicion of violating federal laws against harboring undocumented immigrants and then invoke this provision of SB 1070 to charge a state offense.

Full post as published by Religion Clause on August 06, 2010 (boomark / email).