ACLU sues over immigrant's detention under Arizona immigration law

By David Schwartz PHOENIX (Reuters) - A civil rights group filed a federal lawsuit on Thursday alleging sheriff's deputies unlawfully arrested and detained an immigrant following a 2012 traffic stop under Arizona's controversial anti-immigration law. Lawyers for the American Civil Liberties Union said Pinal County deputies violated Maria Cortes' Fourth Amendment rights by subjecting her to a prolonged detention they charge was based solely on the suspicion she was an undocumented immigrant. Cortes, who had a pending visa application, was then taken to a U.S. Border Patrol station where she remained for five days. Arizona's law, known as SB1070, was signed by Republican Governor Jan Brewer in 2010 and thrust the state into the national spotlight in the debate about illegal immigration. It was challenged by the federal government and rights groups and its provisions were largely struck down. The U.S. Supreme Court has allowed to stand a part of the law that lets police question people they stop about their immigration status. The ACLU said the lawsuit filed in U.S. District Court in Phoenix was the first federal suit to challenge the application of that "show me your papers" section of the law. "We continue to find cases of abuse stemming from this law, so we will continue to challenge it," said Christine Sun, an attorney with the ACLU Immigrants Rights Project. Pinal County Sheriff Paul Babeu said Cortez's lack of a driving license or insurance meant his deputies had to impound her vehicle. Babeu said she admitted not being a legal U.S. citizen and had a visa application pending. "Our deputies took the exact actions as what is required by law," the sheriff said in a statement. The lawsuit said Cortes was driving home on Sept. 29, 2012, when she was pulled over, "ostensibly for a 'cracked windshield,'" and asked for her ID and immigration papers. It said she gave her name and told the deputy her visa application was in the glove box. The lawsuit said the deputy responded that he was not interested in those papers. Cortes said in a statement that no one told her about why she was being detained, and she worried about her three children. "The five days I spent detained were a nightmare," she said. Cortes was granted her visa months later, the ACLU said. (Reporting by David Schwartz; Editing by Daniel Wallis and Peter Cooney)