Thread: Judge doubts constitutionality of Arizona's immigration law

U.S. District Judge Susan Bolton says the provision that makes lacking immigration documents a crime may violate prior rulings that bar states from creating their own immigrant registration systems. By Nicholas Riccardi, Los Angeles Times

July 22, 2010

Reporting from Phoenix — A federal judge on Thursday expressed skepticism that a key part of a controversial Arizona law to control illegal immigration is constitutional.

U.S. District Judge Susan Bolton noted at a hearing that the U.S. Supreme Court has long barred states from creating their own immigrant registration systems. She said the Arizona measure's stipulation that makes a crime of failing to have immigration documents may violate that.

John Bouma, the attorney representing Arizona Gov. Jan Brewer, tried to convince Bolton otherwise but eventually gave up. "I didn't have the feeling I persuaded you last week either," he said, alluding to a previous hearing.

Bolton did not issue a ruling.

The statements came as Bolton heard arguments from civil rights groups urging her to stop the law from going into effect July 29. The Obama administration has also sought an injunction. Its arguments will be heard later Thursday afternoon.

Omar Jadwat, an attorney with the ACLU, argued that the law, SB 1070, ignores the complexities of the federal immigration system to focus on trying to drive illegal immigrants from the state. "What we're facing here," he said, "is an attempt by a state to create an interrelated system of immigration laws that displace the federal" statutes.

Bouma said Arizona was only trying to enforce federal laws the U.S. government is ignoring. He urged Bolton not to enjoin the law.

"We're talking about an extraordinary remedy," he said, referring to the requests to halt SB 1070 from taking effect. "We're talking about imposing on the sovereignty of the state."

In addition to making a lack of immigration documents a state crime, the law requires police officers to determine the immigration status of people they lawfully stop who they suspect are in the country illegally. Supporters argue that SB 1070 is needed to protect Arizona from crime spilling over from Mexico.

But civil rights groups contend that the measure will lead to racial profiling, and the Obama administration has said it is an unconstitutional attempt by a state to regulate immigration, which is a federal responsibility. http://www.latimes.com/news/nationworld ... 8774.story

My fear is that if this law is struck down, millions more illegals will cross the border, knowing there is no penalty.

Originally Posted by ReggieMay

My fear is that if this law is struck down, millions more illegals will cross the border, knowing there is no penalty.

That Is exactly what would happen. Might as well plan on moving out of the United States. It will become a third world country within 5 years,and the economy will collapse. Millions of uneducated Illegals will overwhelm the country for all of the continued freebies. The only jobs to be found will be In other countries..... TS

"Bolton's questioning made it clear, though, that she will not invalidate the entire law."

Judge quizzes lawyers in hearing on Arizona's immigration law

http://www.alipac.us/ftopict-206670.html

Originally Posted by JohnDoe2

"Bolton's questioning made it clear, though, that she will not invalidate the entire law."

Judge quizzes lawyers in hearing on Arizona's immigration law

http://www.alipac.us/ftopict-206670.html

"She said the Arizona measure's stipulation that makes a crime of failing to have immigration documents may violate that."

I thought a non citizen had to carry some sort of documentation.
If not, then how the hell and why the hell give it to anyone if law enforcement can not ask for documents that prove some sort of legal status?
Makes no sense.
Bolton I pray. will see past the rhetoric and let us enforce our law without picking out all its teeth.
Arizona is optomistic, America is supportive and we are on the side of law and order where as the past agenda concerning Illegal aliens proved toxic, and fatal to our communities, states, and country.

It is federal law that ANY non citizen in the country legally MUST have documentation on them at all times.

This isn't rocket science but I fear we are maybe dealing with a moron judge


You all do know she is a lib symp idiot , right?

I think she already has her orders from der obomba

Originally Posted by Justthefacts

It is federal law that ANY non citizen in the country legally MUST have documentation on them at all times.

This isn't rocket science but I fear we are maybe dealing with a moron judge


You all do know she is a lib symp idiot , right?

I think she already has her orders from der obomba

If we criticize her like that and then she rules in our favor it makes us look really bad.
It might be best to wait and see how she rules first.

"Bolton's questioning made it clear, though, that she will not invalidate the entire law."

Judge quizzes lawyers in hearing on Arizona's immigration law

http://www.alipac.us/ftopict-206670.html

IF the AZ law is struck down, illegals will definitely consider it a victory and other states will have their hands tied facing the same ruling. And, if illegals feel that there is no law that can stop them, guess what? Yep, they will continue to grow and multiply which is probably good for corporate profits but not for the country in general.

Maybe with luck and prudence, the law will stick.

Originally Posted by ReggieMay

My fear is that if this law is struck down, millions more illegals will cross the border, knowing there is no penalty.

Originally Posted by topsecret10

Original post..... http://www.alipac.us/ftopict-206672.html

WE GOT THE JUDGE IN OUR BACK POCKET!