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Judge Chastising Reckless Arizona Law: Sid Harth

Judge Chastising Reckless Arizona Law: Sid Harth

State of Arizona: Senate Bill 1070

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Judge Puts Hold on Key Arizona Immigration Law Provisions
Aspects of SB 1070 Set to Take Effect Thursday, Legal Challenges Continue

771 comments By DEVIN DWYER
July 28, 2010

Arizona’s tough new immigration law was just hours away from taking effect when a federal judge issued an injunction today blocking key portions of the law from being enforced.

Among the provisions U.S. District Judge Susan Bolton put on hold are the “reasonable suspicion” section that would allow police to arrest and detain suspected illegal immigrants without a warrant and a provision making it illegal for undocumented day laborers to solicit or perform work.

Bolton also stayed part of the Arizona law requiring immigrants to carry federal immigration documents.

“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.”

Some aspects of the measure, listed as SB 1070, will take effect Thursday as planned. It will become a crime for state officials to interfere with or refrain from enforcement of federal immigration laws. It will also be illegal to pick up and transport day laborers across the state, or to give a ride to or harbor an illegal alien. A vehicle used to transport an illegal alien can be impounded.

Illegal Immigration in America: “Out of the Shadows,” An ABC News Special Series

WATCH: Arizona Sheriff on Immigration Law
Immigrants Prepare for Enforcement of Ariz. Law

“The Court by no means disregards Arizona’s interests in controlling illegal immigration and addressing the concurrent problems with crime including the trafficking of humans, drugs, guns, and money,” Bolton wrote. But the court “finds that preserving the status quo through a preliminary injunction is less harmful than allowing state laws that are likely preempted by federal law to be enforced.”

Lawyers for the U.S. Justice Department have argued the law interferes with the ability of the federal government to set and enforce national immigration policy.

“While we understand the frustration of Arizonans with the broken immigration system, a patchwork of state and local policies would seriously disrupt federal immigration enforcement and would ultimately be counterproductive,” DOJ spokeswoman Hannah August said in support of today’s ruling.

“It’s a preliminary injunction so it’s not final,” said attorney Linton Joaquin with the National Immigration Law Center, which is party to one of the lawsuits challenging the law. “But the judge showed the most egregious provisions are pre-empted by federal law.”

“It’s good news for everybody,” said Ali Noorani of the National Immigration Forum. “For now, all residents of Arizona will remain protected under the law.”

More stories from ABC News’ special series “Out of the Shadows: Illegal Immigration in America”

Supporters of SB 1070 Say Fight Will Continue

Supporters of the law were disappointed at today’s ruling but pointed out that the blocked provisions could still take effect after the court resolves legal questions surrounding them.

Opponents of Arizona’s immigration enforcement law SB 1070 celebrate after it was announced that a judge blocked some controversial provisions of the law on July 28, 2010 in Phoenix, Arizona. U.S. District Court Judge Susan Bolton issued a preliminary injunction preventing several sections of Arizona’s new immigration law from going into effect, at least until the courts have a chance to hear the full case.

(John Moore/Getty Images)”Today the Federal Government got relief from the courts to not do their job,” said Gov. Brewer. “We knew regardless of what happened today of course one side or the other side was going to appeal. So this begins the process. This is an injunction. They haven’t heard really the merits of the bill.”

Steven Camarota of the Center for Immigration Studies, which favors the Arizona law, said today’s decision was not unexpected. “The law had a lot of safeguards built into, but ultimately the judge didn’t believe that Arizona could implement the law in an unproblematic way. This is strange because it assumes that, but there hadn’t been any cases of misuse of the law.”

Arizona Senators John McCain and Jon Kyl also expressed disagreement with the court’s opinion and called the federal lawsuit against Arizona a “waste of taxpayer resources.”

“The Obama Administration should have focused its efforts on working with Congress to provide the necessary resources to support the state in its efforts to act where the Federal government has failed to take responsibility,” they said in a statement.

Suing Arizona: Immigration Case Hits Court
WATCH: Will Immigration Law Take Effect?
WATCH: U.S. Government Sues ArizonaJudge Bolton did not rule today on various requests by lawyers for Arizona and Gov. Brewer to dismiss the various lawsuits against SB 1070. She also still has to decide on other preliminary requests to block parts of the law.

What’s Next in Legal Fight OverArizona Law?

“After a preliminary injunction there is a trial on the permanent injunction,” said New York Law School professor Lenni Benson.

The judge “can dissolve it later if, after greater consideration or development of more facts and time to assess the law, the judge thinks the law goes the other way.”

The legal process is expected to drag on for months, after which, legal experts say, parties may still appeal parts of the decision they don’t like. The debate over SB 1070 could reach the U.S. Supreme Court.

“This is a significant decision, and the litigation, as it proceeds to a final decision…and probable appeal, has potentially historic dimensions,” said Hiroshi Motomura of the UCLA School of Law.

“Almost all state and local efforts to address immigration outside the law in this generation have focused on areas of traditional state regulation, such as employment and housing,” Motomura said. “SB 1070 much more clearly is a direct attempt to address and regulate immigration itself. This is why the federal government had to take action in this case, in order to maintain its constitutional position as the exclusive authority on who is let into the United States, who must leave, and ultimately, who is or can become an American.”

Immigrants Have Been Bracing for Arizona Law

Meanwhile, law enforcement officers across Arizona are preparing to enforce the measures not blocked today.

Arizona Gov. Jan Brewer speaks to reporters outside of the West Wing entrance after meeting with President Barack Obama on June 3, 2010, at the White House in Washington. The showdown between the U.S. government and the state of Arizona over the state’s new immigration enforcement law finally is reaching a federal courtroom.

(MANDEL NGAN/AFP/Getty Images)”We’re not engaged in [racial profiling] now in all types of crimes we enforce. So what’s the difference whether you enforce another crime, which is the illegal immigration? So we are very comfortable” enforcing the law, Maricopa County Sheriff Joe Arpaio said on “Good Morning America.”

Many immigrant families have begun fleeing the state afraid of the new law’s impact, and some activists are even encouraging immigrants to check tail lights on their cars, not to travel in large groups, and remove the Catholic rosaries from their rear-view mirrors.

Erika, a 23-year-old undocumented Mexican student living in Mesa, Ariz., since 1998, says her family is relieved with today’s court ruling.

“Yesterday I went to bed really depressed,” she said. “This morning, knowing this, everything came back. The hope, the faith, knowing that those prayers are really working.”

Immigrant Students Push for Legal Status
WATCH: The Conversation: My Undocumented Life
WATCH: President Obama’s Plan for the Border”

This means the community won’t be as afraid to go with their friends, go out to the store,” said Nicole Torres, who was participating at church vigil outside Phoenix after the ruling. “They hopefully will still feel safe enough to call the police now that they will no longer require you know checking of documentation.”

Rosario Peralta, an illegal immigrant who runs a south Phoenix grocery store, said some of the frightened families that had planned to move out of the state appear to be rethinking their decisions.

“I was worried about my customers..business was slow, but it’s going to get better,” she said.

The Arizona immigration law, which passed in late April, has attracted international attention and sparked protests around the country. It faces legal challenges in six lawsuits, in addition to the one filed by DOJ.

Sixty percent of Americans support the Arizona law, according to the most recent ABC News/Washington Post poll. But fewer — 46 percent — think the states should have power to make and enforce their own immigration laws, one criticism of the Arizona statute.

ABC News’ Lauren Pearle, Jessica Hopper and Barbara Pinto contributed to this report.

Judge Puts Hold on Key Arizona Immigration Law Provisions

Aspects of SB 1070 Set to Take Effect Thursday, Legal Challenges Continue

Arizona’s tough new immigration law was just hours away from taking effect when a federal judge issued an injunction today blocking key portions of the law from being enforced. Among the provisions U.S. District Judge Susan Bolton put on hold are the “reasonable suspicion” section that would allow police to arrest and detain suspected illegal immigrants without a warrant and a provision making it illegal for undocumented day laborers to solicit or perform work. Bolton also stayed part of the… Full Story

You must present that ID to any official of the police regardless of what police anytime they stop and ask you for it. If you are an illegal they throw you in jail — You must not be aware of the new policies Mexico put in place in 2008… You should read a bit.
Posted by:
notthewallagain 7:57 PM
Admin Link: 910

It is an issue about our government not doing their jobs in order to give cheap labor to their buddies.Posted by:Faurtz9 7:48 PM+++++Does that include Obama?
Posted by:
Daisy Cutter182 7:57 PM
Admin Link: 909

. You must present that ID to any official of the police regardless of what police anytime they stop and ask you for it.— So now we want to look and act like Mexico?
Posted by:
notthewallagain 7:56 PM
Admin Link: 908

Hy caramba Amigo Americans are totally stupid in MEXICO you are required by LAW to carry ID SCHOOL or VOTERS ID if you are 18 or older. You must present that ID to any official of the police regardless of what police anytime they stop and ask you for it. If you are an illegal they throw you in jail if they do not rob you beat you or blackmail you first or even rape you then they throw your ass out of the country. Now you pundejo ( #### FOR BRAINS ) AMERICANS say they can be in your country illegally, you will give them an education that your people pay for, give them jobs, a place to live, welfare if they need it and a collage education and if they are criminals raping your women,stealing your cars,killing your people,robing your stores,or kidnapping or selling drugs they can not even be asked if they are in the USA legally. How is it you still are a country at all with such brain dead people? That was in the email I received from a friend living in Mexico. I had to reply we are not a great country anymore thanks to the Liberal invasion and poisoning of our country and the criminal idiot President and racist incompetent ATTY GENERAL and now a bought and paid for federal; judge.
Posted by:
Yollakit 7:54 PM
Admin Link: 907
larbikeprof: “rakko_japan. You are wrong, wrong and wrong!”Three wrongs don’t make a right!
Posted by:
rakko_japan 7:54 PM
Admin Link: 906

What is it that you want? Be honest, you want them rounded up (even those that have been here for many many years) and sent home and you thought the new law would do that… How can you do that without violating someone right to liberty? I am not talking about their rights, I am talking about the rights of legitimate American citizens that look hispanic.
Posted by:
notthewallagain 7:54 PM
Admin Link: 905

rakko_japan- the consulate’s website states that you should carry your passport w/you at all times and leave a photocopy in a safe place. Whatever though…not really the argument at hand and I see your point about safety.
Posted by:
gottagetouttahere 7:54 PM
Admin Link: 904

What is it that you want? Be honest, you want them rounded up (even those that have been here for many many years) and sent home and you thought the new law would do that… How can you do that without violating someone right to liberty.
Posted by:
notthewallagain 7:53 PM
Admin Link: 903

Government of the legal People just went out the window! Get rid of Judges that rule out laws the Majority vote in or when they make laws!
Posted by:
George1911 7:51 PM
Admin Link: 902

larbikeprof: Three wrongs don’t make a right!
Posted by:
rakko_japan 7:51 PM
Admin Link: 901

So, what are many of you really wanting? Sounds like the law will help the federal government inforcementand ICE. The judge agreed to that and a couple of other things in the law….. What is it that you want?We can fix our systems as to not give them entitlements and we can close the border. What is it thatyou want? Be honest, you want them rounded up and sent home.
Posted by:
notthewallagain 7:48 PM
Admin Link: 900

Ozarkess posted “It never fails, when Liberals….” Get real. Reagan granted amnesty. Bush Sr. did nothing to stop the illegals. G.W.Bush tried to grant them amnesty. This isn’t a righty vs lefty issue. It is an issue about our government not doing their jobs in order to give cheap labor to their buddies.
Posted by:
Faurtz9 7:48 PM
Admin Link: 899

There is more ways to skin a CAT, this is not a win for anyone, this is another notch in the words of our Founders, Over 68% support Arizona Law, and 60% of Americans didn’t want Healthcare or the Financial biil as well, so, “That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.” We The people will take back this Country ourselves and I say stand hand and hand at our Border if need be and throw out Illegals ourselves no matter what color or creed, don’t make the mistake that I am Republican because I am Not…
Posted by:
wow6971 7:48 PM
Admin Link: 898

I assume that since ABC World News ran a story tonight that showed an “undocumented immigrant” on camera who had been in the country illegally since age 11 (she was obviously in her twenties now), the the Obama administration will immediately dispatch ICE agents to take her into custody since it is the Obama administration’s position that the Federal Gov’t is the enforcer of immigration laws. If not, then WHO is going to enforce those laws.
Posted by:
0322Osprey 7:48 PM
Admin Link: 897

The United States Embassy website provides the following suggestion:“When traveling, please remember to carry a photocopy of your passport separately from your passport. In the event of loss or theft, the copy will help facilitate issuance of an emergency passport.”
Posted by:
rakko_japan 7:48 PM
Admin Link: 896

rakko_japan. You are wrong, wrong, and wrong!
Posted by:
larbikeprof 7:46 PM
Admin Link: 895

Osama bin Laden is laughing himself sick over this one. Let anyone into the USA that is not a citizen. Let them bring in all the drugs, diseases, and A-bombs they want now. You call this a government “for the people”? The whole USA has become a joke! It’s just a playground for the rich with money!
Posted by:
philosopher22 7:45 PM
Admin Link: 894

rakko_japan. You are wrong, wrong and wrong!
Posted by:
larbikeprof 7:44 PM
Admin Link: 893

1 Minute Flat, it’s keeps them in the poor house is all that does.
Posted by:
Ozarkess 7:42 PM
Admin Link: 892

ajasys- well written post. But as a LEGAL U.S. citizen I am already living like that. If I choose to cross the border, I do it legally and show my passport. If I am stopped by the police I have to show my drivers license. If I didn’t have it, I would expect to be detained. If I use a credit card, they sometimes ask for i.d.! This law isn’t about pulling over everyone that “looks” illegal (which would be impossible). It is about proving your are here legally (and not breaking yet ANOTHER law) after you are already the subject of a police stop. How is that a problem? My willingness to prove my citizenship illustrates the level of frustration w/the situation here in AZ.
Posted by:
gottagetouttahere 7:41 PM
Admin Link: 891

delighted_to_be_here: I recently traveled to China and always kept my travel documents, (papers), in a safe place at my host’s home. I was cautioned by the US Consulate NOT to carry my passport, etc. on my person, but to make COPIES of them for the purposes of identification when I was among the people.
Posted by:
rakko_japan 7:38 PM
Mark As Violation
Admin Link: 890

Mexicans come here to California, and take over parts of cities by Mexico-izing them. They hang their laundry out, have cockroaches crawling round the neighborhood, eat their Mexican food and blast their Mexican music. Why do they come here to turn our streets into the streets of Mexico?
Posted by:
1 Minute Flat 7:35 PM
Admin Link: 889

smiling082010: When most of our ancestors came to this country from Europe, etc., they emigrated LEGALLY! The colonies were LEGALLY British possessions – or later on, were the Sovereign States of America. (The USA.) Both entities were LEGAL and the immigrants who came here that way were also LEGAL. The idea that the land belonged to the Native Americans omits the fact of CONQUEST. Even Mexico was conquered by Spain. Before that, many large tribes took land AND slaves by CONQUEST. The map of Europe changed, even until recently, by CONQUEST. In Africa, slaves were taken and land was obtained by CONQUEST. You may not like what I write and it might not be the best way to have done things, but it is a FACT of our world.
Posted by:
rakko_japan 7:32 PM
Admin Link: 888

I am very disappointed in the ruling by Judge Bolton. It saddens me that the issue of illegal immigration has become a democratic versus republican battle. Illegal immigration is really an issue that affects both democratic and republican citizens alike. There should be a unified front from both parties on this issue. If you stop to consider the financial position of this country and our future, it’s only common sense that we need to crack down on illegal immigration. This country already has extensive programs and funding available to support our poor but legal citizens. Adding to it is a fast growing aging population, and you are left with very few “legal citizens” who are working and paying taxes to support all of these areas. The additional financial burden of illegal citizens to this equation can not be ignored. I work in the public school system and see first hand the extra costs. Schools have to provide an education to everyone, regardless of immigration status. But to educate an illegal immigrant costs tax payers even more than to educate one of our own citizens. Why you might ask? Many reasons, they typically don’t speak the English language well and the school systems have to employ extra resources (special teachers) to educate them, and they often get government support such as free breakfast and lunch. Yes, the schools give away free breakfast and lunch to those who are in need, and lets face it, these immigrants are typically on the lower end of the economic scale and therefore eligible. It seems those who are crying the loudest about the immigration debate in Arizona are illegal immigrants themselves. Really, does there opinion count? I would gladly stop and answer questions from a police officer regarding my immigration status and respect those who are trying to protect our borders. But again, I’m a legal citizen with nothing to hide.
Posted by:
concernedvirginiacitizen 7:32 PM
Admin Link: 887

@gottagetouttahere said “As an Arizona citizen I can say w/100% certainity that they could ask me for proof of my citizenship every day of my life if it would stop the flow of violence, drain of social services, tax dollars, etc. “Really? Well that’s fine for you, and if enough folks agree with you then you will end up with exactly the country you deserve: One in which “Show me your papers!” is a constant in your life, where every action you take is monitored, every purchase you make is weighed and counted in case you might be up to something illegal or improper, and where your children grow up surrounded by fear and oppression. If you honestly think that is what you want, and that such a society will make you safer, healthier and happier, then by all means work for that goal.I suspect that should you live long enough under such a government, your regrets would weigh so heavily on you that you would face a life of sheer desperation. You might want to take an honest look at the history of the human race; then you would understand why Ben Franklin said “They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.”
Posted by:
ajasys 7:30 PM

…and I am Sid Harth

Judge Chastising Reckless Arizona Law: Sid Harth