PHOENIX - The Phoenix City Council is set to consider a petition to make Phoenix a "sanctuary city" on Wednesday, but lawyers and Mayor Greg Stanton maintain the city can't legally ignore federal immigration law.
They pointed to SB 1070, Arizona's strict immigration law that has been challenged multiple times in court since it passed in 2008. The US Supreme Court struck down some of it, but other provisions stayed in place, including one that makes it illegal for cities to interfere with federal immigration enforcement.
"A city like Phoenix can't just become a sanctuary city without violating state law," attorney Andy Gordon said. "Cities, towns, political subdivisions, cannot interfere with that in any way."
Gordon said SB 1070 also included a provision that allows any common citizen to sue a state entity that violates that part of the law. If they win, that person is entitled to damages of $500 a day and legal fees, Gordon said.
The immigration rights group Puente said they know the city can't legally become a sanctuary city, but that's why they want the council to do it.
"We need the city to defy SB 1070 and fight really hard against it," spokesperson Francisca Porchas said.
