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TUCSON - A Tucson police officer is now challenging the new immigration law signed by the governor.

Under the new law, it's a violation to be in Arizona without proper documentation.

Police can question people about their immigration status if they have reasonable suspicion.

Also, foreign nationals will have to carry proof of legal residency.

Martin Escobar is exercising his rights as an American citizen to speak out against Senate Bill 1070. The 15-year veteran is challenging the immigration bill that is scheduled to be law within 90 days.

He says, "I feel strongly about this, sometimes you just got to stand-up and voice your feelings as far as what's going on."

What's going on in Escobar's opinion is unfair, and unjust.

Escobar was born in Magdalena, Sonora and immigrated into the United States when he was 5.

He works patrol on the south side, an area that is 50 percent Hispanic.

In the lawsuit filed in federal court, he believes: SB 1070 is the product of racial bias aimed specifically at Hispanics, is unlawful, results in impermissible deprivations of rights guaranteed by the United States constitution.

His attorney Richard Martinez says, "Police officers are being required to do things that require their post certifications at risk. That could subject them to discipline. The statue subjects every police officer to a law suit for not making immigration inquires."

Tucson Police Officers Association President Larry Lopez wants to make it clear, Martin Escobar doesn't speak for the department.

"We have officers who agree, we have officers who disagree, but the bottom line we took an oath to protect the community we also took oaths to enforce all laws in the state of Arizona."

Escobar realizes that.

"I will have to do what I have to do. Do I agree with it no, I don't, do if have do it in the capacity as a police officer yes I do."

Richard Martinez says this isn't the only lawsuit that will be filed in the state of Arizona he expects
Other law enforcement officers to follow.

Escobar says he is not speaking on behalf of the department only himself as a citizen.