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July 28, 2010

Judge blocks parts of Arizona immigration law

Topics: Immigration and Border Issues, Political News and commentaries

court.jpgFederal judge Susan Bolton has issued a temporary restraining order against the most controversial portions of the Arizona immigration-enforcement law. Although her ruling keeps much of the Arizona law in place, simply put, it's a win for the Obama administration and the Open Borders crowd, and a loss for common sense, Arizona, and every taxpaying, law-abiding American citizen, since the most important aspect of the law - that police would be required to check immigration status - has been suspended, pending a full review by the court at a later date:

A federal judge on Wednesday blocked some of the toughest provisions in the Arizona illegal immigration law, putting on hold the state's attempt to have local police enforce federal immigration policy.

Though the rest of the law is still set to go into effect Thursday, the partial injunction on SB 1070 means Arizona, for the time being, will not be able to require police officers to determine the immigration status of anyone they stop or arrest.

U.S. District Judge Susan Bolton also struck down the section of law that makes it a crime not to carry immigration registration papers and the provision that makes it a crime for an illegal immigrant to seek or perform work.

Via Azcentral.com, here are the key parts of Senate Bill 1070 that will not go into effect Thursday:
  • The portion of the law that requires an officer make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested if there's reasonable suspicion they're in the country illegally.

  • The portion that creates a crime of failure to apply for or carry "alien-registration papers."

  • The portion that makes it a crime for illegal immigrants to solicit, apply for or perform work. (This does not include the section on day laborers.)

  • The portion that allows for a warrantless arrest of a person where there is probable cause to believe they have committed a public offense that makes them removable from the United States.

The ruling says that law enforcement still must enforce federal immigration laws to the fullest extent of the law when SB 1070 goes into effect at 12:01 a.m. Thursday. Individuals will still be able to sue an agency if they adopt a policy that restricts such enforcement.

Bolton did not halt the part of the law that creates misdemeanors crimes for harboring and transporting illegal immigrants.

As Ed Morrissey notes over at Hot Air, a temporary injunction gets put into place when a judge thinks that a court review has some likelihood of overturning a law in a full hearing. That doesn't amount to a decision on the merits, but it does indicate that Bolton thinks the Department of Justice can make a case for blocking the law.

If this decision doesn't politically energize conservatives and independents between now and November, nothing will. Polls have shown repeatedly that a large majority of Americans support Arizona's law and a new polls shows that similar majorities oppose the Justice Department's decision to sue the State of Arizona (H/t - Doug Mataconis).

As a measure of just how hot a political issue immigration has become, in the first six months of 2010, every state in regular session considered laws related to immigrants or immigration... and as of June 30, 2010, 44 state legislatures passed 191 laws and adopted 128 resolutions. Five bills were vetoed, for a total of 314 enacted laws and resolutions."

The text of Judge Bolton's Preliminary Injunction Order is here.

Posted by Richard at July 28, 2010 2:16 PM



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