Judge to Hear Officers' Request to Block Immigration Law

PHOENIX - SB 1070 is scheduled to take effect July 29, but now a judge will consider whether to block the new law before it takes effect in order to see how lawsuits play out.

A hearing is set for July 15 at the federal courthouse during which U.S. District Judge Susan Bolton will hear arguments on the injunction.

"It'll give us all an insight into what the judge is thinking about in this matter," says Attorney Richard Martinez, who represents Tucson Police Officer Martin Escobar.

Escobar, along with Phoenix Police Officer David Salgado, are both suing to stop the law. Attorneys are now trying to consolidate both cases into a joint lawsuit.

"Their job is to be serving and protecting, to have a close working relationship with all members of the community including those who are undocumented. This drives a wedge between them and segments of the community," says Martinez.

Lawyers will argue that immigration enforcement is a federal responsibility, and in the Phoenix officer's case, lawyers will argue he would face pressure to enforce 1070 and find himself in a dilemma.

"If he refuses to enforce the act, he can be disciplined by his employer or subjected to costly private enforcement actions…if he enforces the act, he can be subjected to costly civil actions," states the civil complaint.

On July 15, the judge will also hear a request on behalf of the state to throw out the lawsuit.