Thread: Judge Strikes Down Several Aspects Of Ariz Immigration Law

Judge Strikes Down Several Aspects Of Arizona’s Immigration Law



July 30, 2010
by Personal Liberty News Desk

On Wednesday afternoon—just hours before Arizona’s controversial new immigration law was to go into effect—a Federal judge issued an injunction to block several of the most contentiously debated portions of the measure.

United States District Judge Susan Bolton’s ruling will prevent Arizona from requiring its law enforcement personnel to ask for identification from individuals who they "reasonably suspect" of being an illegal immigrant.

"By enforcing this statute, Arizona would impose a ‘distinct, unusual and extraordinary’ burden on legal resident aliens that only the Federal government has the authority to impose," Bolton wrote in her ruling.

"Preserving the status quo through a preliminary injunction is less harmful than allowing state laws that are likely preempted by Federal law to be enforced," she added.

Furthermore, Bolton sided with the Federal government by striking down a section of the law that would require immigrants to carry their registration papers at all times. She also blocked the provision that would have made it a crime for an illegal immigrant to apply for or perform work in the state.

Several sections of the law still went into effect on Thursday, including one making it illegal to pick up and transport day laborers.

In response to the ruling, Governor Jan Brewer said the "fight is far from over" and that Arizona is willing to take the case "all the way to the Supreme Court if necessary."

http://www.personalliberty.com/news/jud ... -19912157/

By enforcing this statute, Arizona would impose a ‘distinct, unusual and extraordinary’ burden on legal resident aliens that only the Federal government has the authority to impose," Bolton wrote in her ruling.

By not enforcing this statute, Bolton has imposed a distinct, unusual and extraordinary burden on the citizens of Arizona, as well as this country by allowing illegal invaders further opportunity to perpetrate their illegalities against the state.

Under Bolton preemptive logic, states could not pass a law for example against the possession of certain drugs if in fact the federal gov has beaten the state to it by enacting their own laws against said act.

So, if the feds make it a federal crime to be in possession of a marijuana joint, a state cannot pass a law that also makes it a crime to be in possession of a joint without running afowl of preemptive protections.

http://townhall.com/cartoons/2010/07/29/