Judge blocks parts of Arizona immigration law
Amanda Lee Myers and Jacques Billeaud, The Associated Press
PHOENIX — A federal judge today blocked the most controversial parts of Arizona's immigration law from taking effect, delivering a last-minute victory to opponents of the crackdown.
The overall law will still take effect Thursday, but without the provisions that angered opponents – including sections that required officers to check a person's immigration status while enforcing other laws.
The judge also put on hold parts of the law that required immigrants to carry their papers at all times, and made it illegal for undocumented workers to solicit employment in public places. In addition, the judge blocked officers from making warrantless arrests of suspected illegal immigrants.
"Requiring Arizona law enforcement officials and agencies to determine the immigration status of every person who is arrested burdens lawfully present aliens because their liberty will be restricted while their status is checked," U.S. District Judge Susan Bolton ruled.
She ruled that the controversial sections should be put on hold until the courts resolve the issues. Other provisions of the law, many of them procedural and slight revisions to existing Arizona immigration statute, will go into effect at 12:01 a.m.
The ruling came just as police were making last-minute preparations to begin enforcement of the law and protesters were planning large demonstrations to speak out against the measure. At least one group planned to block access to federal offices, daring officers to ask them about their immigration status.
The volume of the protests will likely be turned down a few notches because of the ruling by Bolton, a Clinton appointee who suddenly became a crucial figure in the immigration debate when she was assigned the seven lawsuits filed against the Arizona law.
Lawyers for the state contend the law was a constitutionally sound attempt by Arizona — the busiest illegal gateway into the country — to assist federal immigration agents and lessen border woes such as the heavy costs for educating, jailing and providing health care for illegal immigrants.
Opponents argued the law will lead to racial profiling, conflict with federal immigration law and distract local police from fighting more serious crimes. The U.S. Justice Department, civil rights groups and a Phoenix police officer had asked the judge for an injunction to prevent the law from being enforced.
"There is a substantial likelihood that officers will wrongfully arrest legal resident aliens under the new (law)," Bolton ruled. "By enforcing this statute, Arizona would impose a 'distinct, unusual and extraordinary' burden on legal resident aliens that only the federal government has the authority to impose."
The law was signed by Republican Gov. Jan Brewer in April and immediately revived the national debate on immigration, making it a hot-button issue in the midterm elections.
The law has inspired rallies in Arizona and elsewhere by advocates on both sides of the immigration debate. Some opponents have advocated a tourism boycott of Arizona.
It also led an unknown number of illegal immigrants to leave Arizona for other American states or their home countries.
Federal authorities who are trying to overturn the law have argued that letting the Arizona law stand would create a patchwork of immigration laws nationwide that would needlessly complicate the foreign relations of the United States. Federal lawyers said the law is disrupting U.S. relations with Mexico and other countries and would burden the agency that responds to immigration-status inquiries.
Brewer's lawyers said Arizona shouldn't have to suffer from America's broken immigration system when it has 15,000 police officers who can arrest illegal immigrants.
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Copyright ©2010 MaineToday Media, Inc.
36 COMMENTS
mainerunr said...
interesting considering that FEDERAL LAW already requires immigrants to carry their papers on their person AT ALL TIMES.
July 28, 2010 at 2:08 PM Report abuse
smitty1967 said...
Does anyone remember the 80's Genesis song "Illegal Alien"? You know..."it's no fun, being an illegal alien". According to Wikipedia, "the song can rarely be heard on United States radio stations because of its perceived offensiveness toward illegal immigrants". There's the problem folks...
July 28, 2010 at 2:15 PM Report abuse
Les said...
who cares, let them in, give them all the gov benefits they deserve! they earned it. i want my tax dollars going to this stat, where can i sign up! end sarcasm.
July 28, 2010 at 2:19 PM Report abuse
Josey+Wales said...
It's a sad day when we have laws on the books that judges can pick and chose which ones need to be enforced.
July 28, 2010 at 2:22 PM Report abuse
chet said...
I don't know why, but the US Government does not want to do anything about the illegal people in this Country. They have more rights than US Citizens. this is disgusting.
July 28, 2010 at 2:26 PM Report abuse
Iwonder said...
All States are now sanctuaries. Illegals don't need worry about local and State officials because the Federal Government can look the other way. This ruling only allows the Fed's and not the State's the ability to ask status. Does this mean an illegal can now go and register to vote without be asked their legal status?
July 28, 2010 at 2:29 PM Report abuse
beulah said...
Has anyone gone south of New Hampshire lately? I went to Florida this spring, and drove back. I heard more Spanish spoken than English. I was in JC Penny in Conn. And the sales lady had to help the customer fill out a credit app. because he COULD NOT SPEAK OR READ ENGLISH. We need to wake up; our Country is not the Country it was. If you don’t care so what, but I do care, and I hope many other people out there care. VOTE Conservative, it is our only hope.
July 28, 2010 at 2:38 PM Report abuse
GuateGringo said...
GREAT NEWS... I AM SO HAPPY THAT THE MOST CONTROVERSIAL PARTS HAVE BEEN BLOCKED.... THANK YOU JUDGE!!! NOW ARIZONA CAN REMAIN A STATE AND NOT A "POLICE STATE". Chet-how would you feel if you had to carry papers around all the time or were stopped because of your color or the way you talked? Why not complain about the companies hiring illegals and not the illegals themselves..
July 28, 2010 at 2:39 PM Report abuse
Biddy said...
There is a lesson here and every American citizen should be angered by it. That is that foreign relations and immigration are linked. And little to none of it benefits the average citizen. I find it very hard to be angry at the immigrants who simply are trying to make a better life for their families. However, I find it very easy to get angry at the U.S. and Multinational Corporations and their lap dogs in Washington who need access to third world nations to exploit their cheap labor pool. Many of these third world nations would be better off under a Socialist or Communist system. But that would stand on the way of the businesses that make billions by U.S. support for governments that exploit their citizens. We need a period of isolationism in the U.S..
July 28, 2010 at 2:39 PM Report abuse
stinkyspot said...
Mexico... would you like that gift wrapped or will you be taking our country as is?
July 28, 2010 at 2:40 PM Report abuse
Sam said...
Interestingly the Maine republican platform calls for a "Return to the principles of Austrian Economics". The principles of Austrian Economics include fully open and free borders between nations. The economic system they propose would immediately end all discussion of illegal immigration because ALL immigrants would become completely legal! Kind of makes you wonder if the Tea party/Lepage folks have ANY idea what they are talking about, huh?
July 28, 2010 at 2:44 PM Report abuse
Sam said...
chet said... "I don't know why, but the US Government does not want to do anything about the illegal people in this Country. " I suppose you were not aware that Obama has more security on the Mexican border than Bush had and has been making arrests and deportations of illegal immigrants at a higher rate than the prior administration.
July 28, 2010 at 2:46 PM Report abuse
mainerunr said...
hey guategringo, FEDERAL LAW already requires you to carry papers all the time if you are an immigrant.
July 28, 2010 at 2:47 PM Report abuse
MainenCrisis said...
Words can't describe my disgust for this administration and this judge.
July 28, 2010 at 2:49 PM Report abuse
Gunner said...
...parts of the law placed on hold until the courts fight it out. What we need now is for a judge to declare the law suit frivolous and lift the hold.
July 28, 2010 at 2:50 PM Report abuse
chet said...
GuateGringo; Guess what, I do have to carry papers (passport card, driver’s license, birth certificate) your comment makes me angry. Every green card holder, visa holder, and non US Citizen has to carry there papers. What is the difference? Have you been in to get you drivers license renewed lately? You need your proof of Citizenship. This is a non argument. You think because you (not you) are not a citizen you don’t need to carry papers? IT IS THE LAW, but we know laws only apply to US citizens.
July 28, 2010 at 2:51 PM Report abuse
dcl4500 said...
You know everyone b*tches about Obama not doing anything about this. Why do I not remember hearing anyone b*tching about when our beknighted Reagen turned his head and gave amnesty to all the illegals during his turn? No administration has done anymore than paid very little more than lipservice to immigration since. The last president did even less than paying lipservice. Rather than blame, let us try to find real solutions....
July 28, 2010 at 2:51 PM Report abuse
GuateGringo said...
Federal law may require that you carry all your papers but Arizona had the audacity to try and supercede federal law.... take that Arizona and stuff it where the sun does not shine....
July 28, 2010 at 2:53 PM Report abuse
MainelyJack said...
Bolton is a Clinton appointment and an activist. This will be appealled and overturned. Federal law requires that people with green cards carry proof of their legality at all times, so how is it that Arizona can't have a law that does the same thing?
July 28, 2010 at 2:53 PM Report abuse
chet said...
SAM, YOU ARE WRONG.
July 28, 2010 at 2:53 PM Report abuse
GuateGringo said...
Chet how come you have to carry ID? from Canada? Do not take it so personal, you beef should be with the businesses that hire them and not them themselves. kick them all out and see how much it affects the economy, think about how much you will pay for a tomato, head of lettuce, etc., etc - take a chill pill. 15 million people inject a great deal of money into the economy.
July 28, 2010 at 3:01 PM Report abuse
Sam said...
Here ya go chet the FACTS: "The Immigration and Customs Enforcement agency expects to deport about 400,000 people this fiscal year, nearly 10 percent above the Bush administration's 2008 total and 25 percent more than were deported in 2007. The pace of company audits has roughly quadrupled since President George W. Bush's final year in office. " http://www.washingtonpost.com/wp-dyn/content/article/2010/07/25/AR2010072501790.html
July 28, 2010 at 3:13 PM Report abuse
T3V0aG91c2VSYXQ%3D said...
Time to pick up more provisions and ammo...this could get ugly.
July 28, 2010 at 3:18 PM Report abuse
Orly said...
for you people that think we need PAPERS to walk around on our streets i hear Russia is looking for some good people.Not having to carry papers is what this country is all about dont like it theres the door
July 28, 2010 at 3:23 PM Report abuse
chet said...
SAM, The key word in your fact is EXPECTS. They will NEVER do it it is just words, no action.
July 28, 2010 at 3:32 PM Report abuse
chet said...
The fiscal year ends OCT. 1. I wonder how many have been deported so far with 2 months to go. I bet it is not even close to 400,000.
July 28, 2010 at 3:36 PM Report abuse
mainerunr said...
Orly said... for you people that think we need PAPERS to walk around on our streets i hear Russia is looking for some good people.Not having to carry papers is what this country is all about dont like it theres the door You're wrong buddy, go drive and get pulled over without your license (heck, go get a new license), FEDERAL LAW REQUIRES IMMIGRANTS TO CARRY THEIR PAPERS ON THEIR PERSON AT ALL TIMES. and guategringo, AZ law mirrors federal law in this regard, it does not surpass it. I will gladly pay 3x as much for vegetables (though I buy local) to be able to pay less in health insurance and taxes (because of the decreased burden on the healthcare and welfare systems). I have no problem with legal immigrants but the illegals need to go home!
July 28, 2010 at 3:40 PM Report abuse
AR5 said...
Ummmm, Chet, not sure where you live, but here in the US, we don't need to carry papers on us at all times to show our citizenship.
July 28, 2010 at 3:43 PM Report abuse
Josey+Wales said...
I am thinking that if illegals had papers to carry then they wouldn't be illegal.
July 28, 2010 at 3:48 PM Report abuse
Enemywithin said...
The lazy liberal cowards at it again. The revolution is comming. I can't wait!
July 28, 2010 at 3:50 PM Report abuse
chet said...
Have any of you nuts that think you don’t need to have your green card, or visa etc. on you seen one before? They are the same size as a driver’s license. If you have other types they are stapled in your passport. It is the same thing as driving without your driver’s license on you, you get a fine if you don't have it on you.
July 28, 2010 at 4:02 PM Report abuse
smitty1967 said...
http://www.uscis.gov/files/nativedocuments/M-618.pdf Yup...it's right there on page 8 & 9...carry your card at all times. But why make anyone do something they're supposed to now. Welcome to America...use us...abuse us...sue us...do whatever you want...we won't stop you!
July 28, 2010 at 4:07 PM Report abuse
justducky said...
The courts ruling does not make any sense; the federal law REQUIRES any law enforcement officer to check the status of any arrested person; is the court saying that the federal law is unconstitutional? This is a delay, to calm down the Hispanic community, to get past next election, her decision is contrary to SCOTUS decisions having to do with person under arrest!
July 28, 2010 at 5:01 PM Report abuse
MainelyJack said...
It's not illegal to be illegal when Obama is in charge.
July 28, 2010 at 5:18 PM Report abuse
Old-school said...
Guess what? The judge upheld the portion of the Arizona statute striking down Sanctuary Cities, using the same logic she used to strike down some of the law pertaining to immigration enforcement. In other words, she said you can't have it both ways. Did you here that, City Council?
July 28, 2010 at 9:09 PM Report abuse
Old-school said...
AR5, you are correct, citizens are not required by the law to carry "papers", but legal aliens are. That is current federal law. This law applies to illegal aliens, who, by definition, don't have documents. Therefore, the law says, if you are here legally and honoring your responsibility to carry your documents at all times, you have no problem. Only illegal aliens will have a problem. It is the same requirement that has existed in federal law for more than 60 years.
July 28, 2010 at 9:14 PM Report abuse