SB 1070, the heavily disputed immigration law in Arizona, was back in the spotlight Monday. Members of the American Civil Liberties Union of Arizona along with a coalition of immigrant rights group filed a formal appeal challenging a U.S. District Court judge’s dismissal of a prior SB 1070 challenge.

The specific provision under scrutiny allows police to determine the immigration status of someone arrested or detained when there is “reasonable suspicion” they are not in the U.S. legally.

The law went into effect in 2010. It was appealed all the way to the U.S. Supreme Court. The high court struck down most of SB 1070 but actually upheld this legal status check provision.

Plaintiff Jim Shee says he is not giving up.

“All communities, Asian, Latinos, African Americans, must unite to bring down the hateful law,” he said. “Once and for all, this appeal is another step for people across the state to show we won’t stand for intolerance and hate.”

With the filing of this appeal, the state of Arizona will be given time to respond. Then it’s up to the 9th U.S. Circuit Court of Appeals to decide whether it will hear the case.