Federal judge rules on Arizona's immigration law

Posted: 10:14 AM
By: ABC15.com staff, wire reports

PHOENIX - A judge has blocked the most controversial sections of Arizona's new immigration law from taking effect Thursday, handing a major legal victory to opponents of the crackdown.

The law will still take effect Thursday, but without many of 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 a part 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.

U.S. District Judge Susan Bolton put those controversial sections on hold until the courts resolve the issues.

Sections of S.B. 1070 that Bolton says are preempted by federal law:

Portion of Section 2 of S.B. 1070
A.R.S. § 11-1051(B): requiring that an officer make a reasonable attempt to
determine the immigration status of a person stopped, detained or arrested if there is a reasonable suspicion that the person is unlawfully present in the United States, and requiring verification of the immigration status of any person arrested prior to releasing that person

Section 3 of S.B. 1070
A.R.S. § 13-1509: creating a crime for the failure to apply for or carry alien
registration papers

Portion of Section 5 of S.B. 1070
A.R.S. § 13-2928(C): creating a crime for an unauthorized alien to solicit, apply
for, or perform work

Section 6 of S.B. 1070
A.R.S. § 13-3883(A)(5): authorizing the warrantless arrest of a person where there
is probable cause to believe the person has committed a public offense that makes the person removable from the United States.

U.S. District Judge Susan Bolton presided over two federal hearings last Thursday, including a request from the U.S. Justice Department for a preliminary injunction blocking key sections of the law from taking effect.

The federal government says the state law is trumped by federal law and that it has hurt U.S. relations with Mexico.

Lawyers for Governor Jan Brewer contend illegal immigration and a lack of comprehensive enforcement by the federal government has caused "crushing personal, environmental, criminal, and financial burdens" on Arizona.

Bolton also heard arguments from the American Civil Liberties Union in last week's proceedings, but told lawyers for the group that she's required to consider blocking only parts of the law, not the entire statute as requested.

The law passed by Arizona legislators requires police who are enforcing other laws to check a person's immigration status if officers reasonably suspect the person is in the country illegally. It also requires that people carry and produce their immigration papers, while making it a crime for illegal immigrants to solicit work in a public place.

The controversial law has divided Arizona residents and motivated other states around the nation to reevaluate their own immigration policies.

Those in support of SB1070 say the federal government has not done enough to protect our borders, so the state has been forced to step in. Opponents argue enforcement of the law will undoubtedly lead to racial profiling of Hispanics.

On Tuesday, police across Arizona scrambled to train officers, including on how to avoid racial profiling, and plan for a potential influx of detainees.

The hardest-line approach is expected in the Phoenix area, where Maricopa County Sheriff Joe Arpaio plans his 18th crime and immigration sweep. He plans to hold the sweep, regardless of Bolton's ruling.

Many of the state's 15,000 police officers have been watching a DVD released this month explaining 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.

Critics of the law among police chiefs remain, saying that the law is so vague that no amount of training could eliminate potential confusion.

"Am I going to sit here and say I think every officer has a clear understanding of the law when they leave the training?" Tucson Police Chief Roberto Villasenor said. "No, because I think the law is poorly constructed."

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