US appeals panel kicks back Arizona checkpoint protest issue
PHOENIX — The U.S. Circuit of Appeals for the Ninth Circuit said it lacked the information necessary to decide if a U.S. Border Patrol enforcement zone around a highway checkpoint in southern Arizona was a nonpublic forum as argued by the District Court in Arizona in a case that arose from roadside protests.
The ruling by the federal appeals panel in San Francisco keeps the case alive and returns it to the District Court.
That lower court had thrown out the case by two protesters who sued U.S. agencies for keeping them away from an enforcement area around an immigration checkpoint near their rural homes.
Residents from the community of Arivaca have said the checkpoint promotes racial profiling and the militarization of the area about 20 miles north of the Mexico border.
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