Thread: Arizona judge rules. What next?

Arizona judge rules. What next?

Bolton: Arizona will appeal the U.S. district judge's ruling on its immigration law.

Randall Amster, blogger, on The Huffington Post: "Following the news that a federal judge has struck down what are essentially the worst parts of Arizona's immigration law ... there is a sense of vindication and relief on the part of many who have been working for justice in regard to immigration issues. Still, there remains a basic recognition that this ruling is only a temporary piece of the larger puzzle, and that (the law) itself ... is likewise merely one aspect of a larger struggle for human rights, dignity and a morally tenable immigration policy in this country. So while there is cause for celebration, this is not a moment to sit back and rest on one's laurels — in fact, advocates and activists should be emboldened by the judge's well-crafted decision, and take this as a sign to forge ahead."

The Washington Times, in an editorial: "U.S. District Judge Susan Bolton miscalculated when she blocked critical aspects of Arizona's immigration ... law. Her decision will further intensify efforts by states to find solutions to problems posed by the Obama administration's unwillingness to take command of this pressing issue. ... If Arizona had passed a law that defined U.S. citizenship ... federal supremacy would apply. However, the case at hand doesn't deal with pre-emptive law but with parallel enforcement. Arizona's law does not define who has broken immigration laws; it deals with what to do when police apprehend these criminals. ... Bolton's judicial activism is out of step with the law, out of step with politics and out of step with the good of the country."

The Arizona Republic, in an editorial: "Despite all the criticism heaped on Arizona since (Jan) Brewer signed (the measure), our state is a victim in this international drama. We became a prime smuggling corridor because of federal policies and congressional inaction. The immigration law is wrong for a long list of reasons. But Arizona is not the only state striking out. Other states are considering ... copycat laws. ... These state actions are evidence of the utter failure of the federal government to do the job it went to court to claim. ... A federal judge's assertion that immigration is Uncle Sam's job creates an opportunity to refocus on the culpability and the solution."

The New York Times, in an editorial: "We hope this is the beginning of the end of the misbegotten Arizona rules and what they represent. ... Arizona's law is not a case of a state helping the federal government do a job it neglected. It is a radical upending of immigration priorities, part of a spiteful crusade to force a mass exodus of illegal immigrants. ... Judge Bolton's ruling reminded us all of the unacceptable price of the Arizona way: an incoherent immigration system, squandered law enforcement resources, diminished public safety, the awful sight of a nation of immigrants turning on itself. We hope (President Obama) goes on to make clear to all the states that the Arizona way is not the American way."

Mark Krikorian, executive director of the Center for Immigration Studies and contributor to AOL News: "The ruling's effects are likely to be positive for the cause of enforcement of immigration laws. ... Today's ruling ... reinforces the public sense that the federal government is simply uninterested in securing the borders. ... This is probably the most important lesson from the Arizona lawsuits: that comprehensive immigration reform is out of the question. Enforcement measures must not only be legislated before any discussion of amnesty takes place; they must be fully litigated, too."

http://www.usatoday.com/news/opinion/fo ... _ST3_N.htm

SAVE Act and CLEAR Act Can Overturn Judge Bolton's Decision on Arizona Immigration Enforcement Law
By Chris Chmielenski

Wednesday, July 28, 2010, 4:03 PM EDT - posted on NumbersUSA

Federal Judge Susan Bolton ordered an injunction today of Arizona’s immigration enforcement law, formerly known as SB1070, just hours before it’s scheduled to take effect. Supporters of immigration enforcement are angry and frustrated over the ruling, but there is hope in the halls of Congress – of all places. If Congress passed the SAVE Act and CLEAR Act, these two bills together would secure the border, mandate E-Verify nationwide, and provide local law enforcement officials with the tools to help federal officials enforce immigration laws obviating the need for SB1070.

Let’s take a look at exactly what today’s ruling by Judge Bolton actually represents. It’s an injunction – or a temporary suspension – of several provisions within Arizona’s immigration enforcement law. It’s not the final decision. After hearing both sides of the case in a lengthy civil trial, Judge Bolton could decide that the federal government did not do a satisfactory job of proving their case, thereby causing her to lift her injunction. While that’s highly unlikely, it is possible.

Judge Bolton’s decision did strike down SB1070’s most famous clause that requires local police officers to check an individual’s immigration status if they have ‘reasonable suspicion’ that the individual is in the country illegally.

The decision did not suspend provisions that prohibit sanctuary cities, require state and local cooperation with federal officials, allow its residents to sue local leaders for refusing to cooperate with federal officials, prohibit the transport of illegal aliens, and restrict solicitation of illegal alien day laborers.

Arizona’s mandatory E-Verify law that was passed several years ago is still intact, including its sanctions for businesses that knowingly hire illegal aliens. Plus, any communities that participate in the federal government’s 287(g) and Secure Communities programs can still do so, and SB1070 prevents local municipalities from outright refusing to cooperate with federal enforcement officials.

In other words, despite Judge Bolton’s ruling today, SB1070 is still a step in the right direction for Arizona.

Poll after poll shows consistent support from Americans who want an Arizona-style enforcement law passed in their own state. Today’s ruling has no impact on states that are proceeding with similar legislation. Arizona’s federal district court does not have jurisdiction over South Carolina, Oklahoma, Pennsylvania, and Florida, so lawmakers in those states can cautiously proceed without concern.

What now?

Today’s ruling from Judge Bolton becomes moot if Congress passes the SAVE Act and the CLEAR Act. It’s unlikely for either bill to make its way to the House floor before the end of the 111th Congress in December. But both are expected to be reintroduced next year and could move forward with enough constituent pressure.

Check your Members’ Immigration-Reduction Report Cards and see if they’ve cosponsored the SAVE Act and CLEAR Act. If they haven’t, call their office and urge them to do so. You can also look on our grid of “5 Great Immigration Reduction Billsâ€