Thread: BREAKING - Partial Injunction of SB 1070

Federal Judge Blocks Part of Arizona Immigration Law

Developing ...

A federal judge on Wednesday granted a partial injunction requested by the federal government on the controversial Arizona immigration law, SB 1070.

UPDATE:

Federal Judge Blocks Portions of Arizona Illegal Immigration Law

Published July 28, 2010


A federal judge on Wednesday blocked the most controversial parts of Arizona's immigration law from taking effect, delivering a last-minute victory to President Obama and other opponents of the crackdown and a setback for Gov. Jan Brewer other supporters. (AP)

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.

Click here to read the ruling.

In all, Bolton struck down four sections of the law, the ones that opponents called the most controversial. Bolton said she was putting those sections on hold until the courts resolve the issues.

The ruling said the Obama administration, which sought the injunction, is likely to "succeed on the merits" in showing the above provisions are preempted by federal 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," the ruling said. "Even though Arizona's interests may be consistent with those of the federal government, it is not in the public interest for Arizona to enforce preempted laws."

A number of provisions will still go into effect as the case is litigated. Arizona will be able to block state officials from so-called "sanctuary city" policies limiting enforcement of federal law; require that state officials work with federal officials on illegal immigration; allow civil suits over sanctuary cities; and make it a crime to pick up day laborers.

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.

Justice Department spokeswoman Hannah August said the court "ruled correctly" with its decision Wednesday.

"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," August said.

Rep. Luis Gutierrez, D-Ill., one of the most vocal advocates on immigration issues on Capitol Hill, applauded the decision.

"Arresting people based on their appearance and holding them until you can investigate their immigration status is patently un-American and unconstitutional," he said.

But supporters of the policy slammed the court's decision. Rep. Darrell Issa, R-Calif., called the ruling "misguided."

"The federal government has a right and a responsibility to enforce existing laws, but when they fail to meet that responsibility, we should not stand in the way of the states that take action to respond to the very real threat of border violence, drug cartels and human smuggling," he said in a written statement. "There's nowhere in the Constitution that says a state is limited to what it absolutely won't do and can be stopped for what it might do and to exercise a judgment against a state that has passed a law that is consistent with existing federal law is beyond absurd."

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.

Localities inside Arizona were already preparing to interpret the law in different ways. The Tucson Unified School District's Governing Board approved by a 5-0 vote a policy Tuesday that maintains the district's stance of not enforcing immigration laws in the district's schools.

The hardest-line approach was expected in the Phoenix area, where Maricopa County Sheriff Joe Arpaio plans his 17th crime and immigration sweep. He planned to hold the sweep regardless of the ruling.

Arpaio, known for his tough stance against illegal immigration, plans to send out about 200 deputies and volunteers who will be looking for traffic violators, people wanted on criminal warrants and others. He has used that tactic before to arrest dozens of people, many of them illegal immigrants.

"We don't wait. We just do it," he said. "If there's a new law out, we're going to enforce it."

Elsewhere in the state, police officials were busy wrapping up training sessions this week. Many of the state's 15,000 police officers have been watching a DVD released this month that signs that might indicate a person is an illegal immigrant are speaking poor English, looking nervous or traveling in an overcrowded vehicle. It warned that race and ethnicity do not.

Some agencies added extra materials, including a test, a role-playing exercise or a question-and-answer session with prosecutors.

Click here to read the Arizona immigration law.

The Associated Press contributed to this report.


http://www.foxnews.com/politics/2010/07 ... w-dispute/

More BS.... This country is screwed.

Law enforcement can't even enforce the laws, what is the need for them then?

I guess local police won't be able to arrest bank robbers or other federal criminals.

Welcome to the communist world.

Listening to a discussion of this now on Fox as they go through this. As they read it, they believe that most of it is in. The immigration paper part is blocked.

Judge blocked part about picking up illegals, the part that keeps them from working.

Waiting on Governor Brewer's response. Sheriff Joe planning crime sweeps starting tomorrow they state, as most of it seems to stay in effect.

Going to circuit court for possible stay. Ninth circuit court of appeals next stop.

Psalm 23, it is written, "The Lord is my Shepherd."

This so called judge just sold out the American people and has written our epitaph. She stripped everything from the law which would have given it any teeth; especially blocking the provisions prohibiting illegal aliens from looking for jobs while millions of Americans are unemployed and allowing law enforcement officials from ascertaining the citizenship status of anyone committing a crime. She knows if law enforcement submits a request to ICE for status and as corrupt as ICE is, they will tell that cop to release them as they always do, claiming they don't have the resources and time to address that issue. This law is worth no more than the paper on which it was written. The invaders have won. We soon will be a conquered nation.

More info @

Federal judge rules on Arizona's immigration law

http://www.alipac.us/ftopict-207291.html

More info @

Federal judge blocks key parts of SB 1070

http://www.alipac.us/ftopict-207290.html

Supporters of illegal aliens are "happy" it is being reported.

Officers can transport people to ICE.

"Technical judgement"

"Struck down most controversial parts."

"Raising more questions than answers"

"9th Circuit most liberal"

In 2003, ninth circuit supported Arizona going after employers for hiring.

"Blocks police from determining immigration status"

People still sifting through this for better understanding on this ruling.

Psalm 23, it is written, "The Lord is my Shepherd"

Now more than ever we must fight against the invasion and any shamnesty that may be brought forth in Congress. This judge has just ruled in favor of illegal alien criminals by taking out the most effective parts of the law.

Let's not get stuck in the "perception of failure" stage. We must be encouraged that some of the law will be going into effect tomorrow. That is a victory and we can build upon that! Get busy folks and move on to stopping Congress and barry from doing anything else to reward illegal alien criminals!!!

A crock of Sierra Hotel India Tango comes to mind!
When the lawmakers become criminals,what recourse do the law abiding have?

Arizona Sheriff Larry Dever, friend of murdered rancher Robert Krentz, says that he is disappointed, but not surprised. He is outlining the terrible problem, the danger of illegal immigration, drug cartel activity, smuggling.

Hyperbole, about racial profiling says Sheriff Dever.

Psalm 23, it is written, "The Lord is my Shepherd."