Thread: AZ. Day Labor Rules Blocked By Judge

Arizona Immigration Law: Day Labor Rules Blocked By Judge

By JACQUES BILLEAUD 02/29/12 06:25 PM ET

PHOENIX — A federal judge blocked police in Arizona from enforcing a section of the state's 2010 immigration enforcement law that prohibited people from blocking traffic when they seek or offer day labor services on streets.

U.S. District Judge Susan Bolton ruled Wednesday that groups seeking to overturn the law will likely prevail in their claim that the day labor rules violate the First Amendment. She rejected arguments by the state that the rules were needed for traffic safety and pointed out that the law, also known as SB1070, says its purpose is to make attrition through enforcement the immigration policy of state and local government agencies.

"This purposes clause applies to all sections of SB1070, and nowhere does it state that a purpose of the statutes and statutory revisions is to enhance traffic safety," the judge wrote.

The ban was among a handful of provisions in the law that were allowed to take effect after a July 2010 decision by Bolton halted enforcement of other, more controversial elements of the law. The previously blocked portions include a requirement that police, while enforcing other laws, question people's immigration status if officers suspect they are in the country illegally.

The U.S. Supreme Court has agreed to hear Gov. Jan Brewer's appeal of Bolton's decision to put the most contentious elements of the law on hold. Another appeals court has already upheld Bolton's July 2010 ruling.

Three of the seven challenges to the Arizona law remain alive. No trial date has been scheduled in the three cases.

Some of Arizona's biggest law enforcement agencies have said in the past that they haven't made any arrests under the sections of the law that were allowed to take effect.

The Mexican American Legal Defense and Educational Fund and other opponents had asked the judge for a preliminary injunction to block enforcement of the day labor rules, arguing they unconstitutionally restrict the free speech rights of people who want to express their need for work.

Brewer's lawyers had opposed attempts to halt enforcement of the day labor restrictions. They argued the restrictions are meant to confront safety concerns, distractions to drivers, harassment to passers-by, trespassing and damage to property.

Brewer's lawyers have said day laborers congregate on roadsides in large groups, flagging down vehicles and often swarming those that stop. They also said day laborers in Phoenix and its suburbs of Chandler, Mesa and Fountain Hills leave behind water bottles, food wrappers and other trash.

The judge wrote in her latest ruling Wednesday that the law appears to target particular speech rather than a broader traffic problem. "The adoption of a content-based ban on speech indicates that the Legislature did not draft these provisions after careful evaluation of the burden on free speech," the judge wrote.

Bolton previously denied an earlier request to block the day labor rules, but opponents were allowed to bring it up again after the 9th Circuit Court of Appeals ruled on a similar issue in September.

The appeals court had suspended a law from Redondo Beach, Calif., that banned day laborers from standing on public sidewalks while soliciting work from motorists. The court ruled the law violated workers' free speech rights and was so broad that it was illegal for children to shout "car wash" to passing drivers.

The ruling Wednesday still leaves other elements of the law in place, such as minor tweaks to the state's 2005 immigrant smuggling law and 2007 law prohibiting employers from knowingly hiring illegal immigrants.

Other parts of the law that remain in effect include a prohibition on state and local government agencies from restricting the enforcement of federal immigration law and a ban on state and local agencies from restricting the sharing of information on people's immigration status for determining eligibility of a public benefit.

Arizona Immigration Law: Day Labor Rules Blocked By Judge

Federal judge blocks Arizona's day laborer restrictions

Published February 29, 2012

Day laborers wait for work near a Home Depot store in Phoenix.

A federal judge blocked police in Arizona from enforcing a section of the state's 2010 immigration enforcement law that prohibited people from blocking traffic when they seek or offer day labor services on streets.

U.S. District Judge Susan Bolton ruled Wednesday that groups seeking to overturn the law will likely prevail in their claim that the day labor rules violate the First Amendment.

The ban was among a handful of provisions in the law that were allowed to take effect after a July 2010 decision by Bolton halted enforcement of other, more controversial elements of the law. The previously blocked portions include a requirement that police, while enforcing other laws, question people's immigration status if officers suspect they are in the country illegally.


The U.S. Supreme Court has agreed to hear Gov. Jan Brewer's appeal of Bolton's decision to put the most contentious elements of the law on hold. Another appeals court has already upheld Bolton's ruling.

Three of the seven challenges to the Arizona law remain alive. No trial date has yet been scheduled in the three cases.

The Mexican American Legal Defense and Educational Fund and other opponents had asked the judge for a preliminary injunction to block enforcement of the day labor rules, arguing they unconstitutionally restrict the free speech rights of people who want to express their need for work.

Brewer's lawyers had opposed attempts to halt enforcement of the day labor restrictions. They argued the restrictions are meant to confront safety concerns, distractions to drivers, harassment to passers-by, trespassing and damage to property.

Brewer's lawyers have said day laborers congregate on roadsides in large groups, flagging down vehicles and often swarming those that stop. They also said day laborers in Phoenix and its suburbs of Chandler, Mesa and Fountain Hills leave behind water bottles, food wrappers and other trash.

Bolton previously denied an earlier request to block the day labor rules, but opponents were allowed to bring it up again after the 9th Circuit Court of Appeals ruled on a similar issue in September.

The appeals court had suspended a law from Redondo Beach, Calif., that banned day laborers from standing on public sidewalks while soliciting work from motorists. The court ruled the law violated workers

Federal Judge Blocks Arizona's Day Laborer Restrictions | Fox News

Susan Ritchie Bolton is a federal judge for the United States District Court for the District of Arizona. She joined the court in 2000 after being nominated by President Bill Clinton. ^[1]

District of ArizonaOn the recommendation of U.S. Senator Jon Kyl, Bolton was nominated to the United States District Court for the District of Arizona by President Bill Clinton on July 21, 2000 to a seat vacated by Robert Broomfield. Bolton was confirmed by the U.S. Senate on October 3, 2000 on the unanimous consent of the Senate and received commission on October 13, 2000. <sup>[2]


Judgepedia.org</sup>

It is very scary for and judge to rule on PARTY LINES.

Clearly some one who doesn'tworks for the People and Constitution and one who upholds our laws isn't she...Are we impressed yet?????

Ten years ago I fought this battle in Morgan Hill, CA. Morgan Hill is a quaint upscale community to the south of San Jose CA. I lived on a street right off of the main street. A mixture of white and Latino Americans we had young families and grandparents all on one street. It was great, everyone worked in their yards, looked after each others kids and barbequed together. Then one day laborers took over an empty lot at the other end of our street, directly across from the school bus stop. They harrassed our daughters with foul language. They used our yards as bathrooms and littered our neighborhood. They chased our cars. They would stand there all day glaring and watching every move we made. We no longer felt safe working in our yards or allowing our children to play outside.

We went to the police. We called ICE. We went to city council meetings. Everyone pointed fingers and passed the buck, but did nothing. Everyone started moving our neighborhood was ruined.

Originally Posted by MontereySherry

Ten years ago I fought this battle in Morgan Hill, CA. Morgan Hill is a quaint upscale community to the south of San Jose CA. I lived on a street right off of the main street. A mixture of white and Latino Americans we had young families and grandparents all on one street. It was great, everyone worked in their yards, looked after each others kids and barbequed together. Then one day laborers took over an empty lot at the other end of our street, directly across from the school bus stop. They harrassed our daughters with foul language. They used our yards as bathrooms and littered our neighborhood. They chased our cars. They would stand there all day glaring and watching every move we made. We no longer felt safe working in our yards or allowing our children to play outside.

We went to the police. We called ICE. We went to city council meetings. Everyone pointed fingers and passed the buck, but did nothing. Everyone started moving our neighborhood was ruined.

The following happened to the neighborhood that I grew up in. It was a just a normal neighborhood where people kept their houses neat and yards nice with no trash in the streets. Then the illegals overran it. You can call me racist or what ever you want but until it happens to your neighborhood you don’t know what your in for. And with the housing collapse they are moving into higher classed sub-divisions now. These people are turning our country into a ghetto. They do not like or are used to clean neighborhoods, streets, sidewalks, parks, and shopping centers. Soon your nice clean and orderly neighborhoods and towns will resemble these peoples homeland. Your neighborhoods will have dilapidated homes where the broken windows have been repaired with old plywood and the houses will be painted in day glow blue/orange/purple. Each house will have as many family members as they can squeeze in to it, Grandparents, uncles, nieces, and cousins you name it. The garage will have bunk beds from end to end. Each house will have as many cars as they can park in the yard and on the streets. These car’s license plates with current registration will have been stolen from someone else’s car. Or they will have forged temporary registration paper plates in the rear window. Along with the cars will be broken refrigerators, washing machines worn out mattresses and furniture piled up around the house. None of them will have driver’s licenses or insurance for their cars. If one of them should crash into your car, they will jump out and run like the wind. If the police should track them down they will claim that the car was stolen that morning. Your neighborhood will have 14 year old girls pushing their babies in beat up strollers along the dirty sidewalks heading to the welfare office to collect their single parent checks and food stamps. The boy friends of these babies will be living in the same house with them without the social services knowing. The sidewalks will be strewn with abandoned shopping carts from various super markets that they used to take their food home or their dirty cloths to and from the laundry matt but were to lazy to take back to the store. They will never leave the carts in front of their house but will leave it in front of yours. The ones that get a hold of forged S.S. cards will get jobs at the local fast food restaurant. So that when you go there they will always screw up your order. Their families will go there and order a coke and leave with enough food to feed them for two days. The older ones will rent a U-Haul with fake documents and have the other family members grind off all VIN numbers and hand paint it a bright yellow to use as a traveling supermarket to drive around your neighborhood. The ones that do not want a normal job will come home each day after “work” to display to all of the other family members the car stereos, GPS’s, chrome rims and tires and other electrical equipment they acquired to sell at the local swap meet on the weekends. The other family members will not even ask where they got these items. They will have fifty people parting at their house on weekends urinating in the yards and streets and have their music blaring all night with no regard for anyone else living near by. Graffiti will be on all the fences, super markets, schools and highway bridges. The kids that go to your school for free will form gangs, disrupt the class constantly and bully the other kids on the playground. Your schools GPA will gradually decline to where the State will cancel funding for the school and blame the teachers until the GPA raises which will be impossible as their “Children don’t speak English”.
This is what will happen to your neighborhood when they arrive and infest it. They do not care one bit about you, our way of life or our laws. Since our “Leaders” refuse to address this invasion it only going to get worse.

Originally Posted by MontereySherry

Ten years ago I fought this battle in Morgan Hill, CA. Morgan Hill is a quaint upscale community to the south of San Jose CA. I lived on a street right off of the main street. A mixture of white and Latino Americans we had young families and grandparents all on one street. It was great, everyone worked in their yards, looked after each others kids and barbequed together. Then one day laborers took over an empty lot at the other end of our street, directly across from the school bus stop. They harrassed our daughters with foul language. They used our yards as bathrooms and littered our neighborhood. They chased our cars. They would stand there all day glaring and watching every move we made. We no longer felt safe working in our yards or allowing our children to play outside.

We went to the police. We called ICE. We went to city council meetings. Everyone pointed fingers and passed the buck, but did nothing. Everyone started moving our neighborhood was ruined.

So sorry to hear that MontereySherry. This same thing has happened to many neighborhoods in many places all over the Country. It has been done to unsuspecting home owners, residents, neighborhoods, etc for years and done in many ways for lots of reasons. It started out as a way to buy up land cheaply, property dirt cheap, etc. But as usual the root cause is always for profit. All the "powers that be" have allowed it to happen, first by zoning, then by blight, or eminent domain, etc. Now by practically giving property freely to undesirables with illegal loans etc. If it is in someones game plan it happens. There is always a way for them to do this, allowing the destruction of neighborhoods by any means necessary is their motto after all they don't live in them do they? No matter how they allow it to happen it destroys neighborhoods, one way or another.. They know people will naturally flee, it is human nature, survival etc who want to live in a bad situation. But notice it is very seldom their neighborhoods. It is amazing how many of these "powers that be" profit by it in the end, themselves or their families do, many years later. It isn't like any one is around to notice or remember many years later, people don't keep track of such things. If only these things could be written in the annals for future generations to watch for, you know "my neighborhood was destroyed by such and such by this incident on this date, or this senator helped pass this law or this judge condemned that property, or that counselor changed the zoning on this date .... get the picture? Maybe that is why we hear you can never go home again, or the old neighborhood is just not the same any more...well... duh.... yea!!!!!!


These Federal Judges, Politicians, Police, Government workers, City officials, the so called guardians of the public trust etc, work for themselves not us. All these people who take the oath of office, and trash it, need to be made an example of who ever they are. If they take the oath to protect and serve the Constitution then they better uphold it Federal or State laws, it doesn't matter. And if they don't, then they lied under oath that is a Federal offense. They do these things all the time and nothing happens to them they protect them selves well.....These Judges take that position for life, isn't that ridiculous, who died and made them God. Judges for life only works when they uphold our laws and Constitution not change them with their own interpretation of it. This needs to stop, too many of them have abused that ruling and deface the Constitution and shove it in our face as they change our laws to protect themselves against us. They are definitely traitors, worse they are trash, and trash begets trash. Their penalty should be to strip them of all benefits and throw the bums out of court, office, congress, senate, White House, or where ever they publicly held position is, they work for us for Gods sake!!! I would love for everyone to know about them everywhere with explanation to all just how much of a traitor to this country they are and or were for posterity....They just make me sick....They need to know a curse will follow them and theirs all of their days and into the future. Passed from generation to generation so all know and remember just what a traitor is.

Sorry but these so called public servants who work for "We the People" make me sick.

Originally Posted by MontereySherry

Ten years ago I fought this battle in Morgan Hill, CA. Morgan Hill is a quaint upscale community to the south of San Jose CA. I lived on a street right off of the main street. A mixture of white and Latino Americans we had young families and grandparents all on one street. It was great, everyone worked in their yards, looked after each others kids and barbequed together. Then one day laborers took over an empty lot at the other end of our street, directly across from the school bus stop. They harrassed our daughters with foul language. They used our yards as bathrooms and littered our neighborhood. They chased our cars. They would stand there all day glaring and watching every move we made. We no longer felt safe working in our yards or allowing our children to play outside.

We went to the police. We called ICE. We went to city council meetings. Everyone pointed fingers and passed the buck, but did nothing. Everyone started moving our neighborhood was ruined.

Th

The same thing happened in my daughter's neighborhood in Manassass, VA about 8 years ago. As the older poeple died, their homes were sold as rentals. The illegals stacked in 15 to 30 in a house, the men sat on the porches and made lewd noises at little girls, very expensive country tax stickers and license plates were stolen. At end, just before my daughter sold her home and moved, there were drug deals, hookers turning tricks on the street in front of the house and gunshots in the middle of the night. The police told my daughter that there was nothing they could do. The kids got head lice three times in one year in school. Trashy, trashy,trashy.

The state of Arizona just has to reword the law slightly to overcome this judge's objections.