PRESCOTT - After Monday morning's Supreme Court ruling on Arizona's SB 1070 immigration law, area police took their guidance on how to enforce it from the Arizona Peace Officers Standards and Training Board (AZPOST), which issued instructions Monday afternoon.
Lyle W. Mann, executive director of AZPOST, wrote in a memo that three sections of 1070 had been declared preempted by federal law:
Section 3, which made it a crime to "willfully fail to complete or carry an alien registration document;"
Section 5C, making it a state crime for illegal aliens to apply for work, solicit work in a public place, or perform work as an employee or independent contractor;
Section 6, which would have allowed police to arrest a person without a warrant if they have "probable cause to believe the person has committed any public offense that makes him removable from the United States."
Mann noted that Section 2(B), the so-called "show me your papers" provision, was not struck down, but that enforcement "will have to be construed consistently with federal law to survive scrutiny as applied."
Mann said, "The court noted some concerns with detaining individuals solely to verify their immigration status."
Yavapai County Sheriff Scott Mascher said he didn't expect much to change within his department, because, he said, his deputies did not focus on immigration enforcement.
"This really isn't going to affect our day-to-day operations," Mascher said. "Our priority at YCSO has been focused on crime and calls for service and this isn't going to change any of that. When we come across (people) who we believe to be illegal, if we have probable cause to arrest them, they're going straight to jail. That won't change."
Mascher did say that Immigrations and Customs Enforcement had terminated its 287(g) contract as it applied to YCSO patrol officers; that program gave local law enforcement officers the opportunity to get training in illegal immigration enforcement techniques.
Mascher said detention officers also check the immigration status of all suspects booked into the county jail, and that would continue.
County Attorney Sheila Polk said she anticipated "very little impact because Yavapai County has such a positive hand-in-hand working relationship with federal immigration authorities."
The changes and legal interpretations are still coming in, Mascher added. He said he expects more clarifications in the next few days.
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