Judge Blocks Part of Arizona Immigration Law
by PubliusFrom the Associated Press:
A federal judge dealt a serious rebuke to Arizona’s immigration law on Wednesday when she put most of the crackdown on hold just hours before it was to take effect.
The ruling by U.S. District Judge Susan Bolton sets up a lengthy legal battle as Arizona fights to enact the nation’s toughest-in-the-nation law. Republican Gov. Jan Brewer said the state likely appeal the ruling and seek to get the judge’s order overturned.
But for now, opponents of the law have prevailed: The provisions that angered opponents will not take effect, including sections that required officers to check a person’s immigration status while enforcing other laws.
The judge also delayed parts 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—a move aimed at day laborers. In addition, the judge blocked officers from making warrantless arrests of suspected illegal immigrants.
“Requiring Arizona law enforcement officials and agencies to determine the immigration status of every person who is arrested burdens lawfully-present aliens because their liberty will be restricted while their status is checked,” Bolton, a Clinton appointee, said in her decision.
She said the controversial sections should be put on hold until the courts resolve the issues. Other provisions of the law, many of them procedural and slight revisions to existing Arizona immigration statute, will go into effect at 12:01 a.m. Thursday.
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622 Comments
The Federal Government and the DOJ failed the American people again. Keep up the fight Gov Brewer, you have the support of real America.
All sheriff's if they haven't need to get all officers trained in 287g! Then they can assist the feds in enforcing the law!
Yet another appointed judge legislating from the bench…
It is the war we're interested in not the battles. The judges actions mean little more then how we need to frame success in other states.
Get out and vote this November while its still legal. Of course an activist judge could always nullify our elections!
This is all getting out of control.
I have to carry my dammned ID! I have to pay taxes! I have to abide by the law.
So now there's a whole other class of people who it appears do not.
The point is coming when we are going to end up having to take to the damn streets.
States Rights!!! Never forget that. States Rights. The ARIZONA judge ruled. States RIghts!!!
""Requiring Arizona law enforcement officials and agencies to determine the immigration status of every person who is arrested burdens lawfully-present aliens because their liberty will be restricted while their status is checked," Bolton, a Clinton appointee, said in her decision."
This is quite distressing.
What about the liberties of natural born and naturalized citizens? My liberty is restricted when I have to wait in line at the security check at the airport as they check my ID. My liberty is restricted when I get pulled over by the police and they check my plates and insurance. My liberty is going to be restricted by Obamacare's mandates that will ration care and I will have to wait in line.
Clearly, my liberty does not matter. The law does not matter. Enforcing the law is only a concern for this government when it benefits this government.
Certainly, we have seen an increase in presence and enforcement of INCOME TAX statutes. We have no problem hiring more agents. No problem enforcing laws at any cost to ensure people pay. Heck, part of the new Bank Regulations that just got approved will force employers to tell exactly what every employees salary is by job title. Wonder why??
How can Tea Partiers and GOPers be called racists at this point? Clearly, the government and the new majority are in institutional control.
I aree but your fight is with the "American Businesses" that hire them.
AZ was trained in 2006 and were practicing it. In january 2008, the agreement was nullified by Jan the Man. They revoked it right out from under the AZ police after 2 years.
The next time a friggin' cop pulls me over, I'm sayin' "Lo siento, senor, no habla Inglis", "ya me voy…hasta la vista, baby"…
Hope he has a sense of humor…
Good day for America. The Judge is enforcing the constitution. You don't like the constitution? Move out
a damn good point.
The DOJ is basically enforcing the constitution. Your right wing ideology does not trump it. If you don't like it move out
What's worse is that I just read an article about how the Mexican Government is going to have Mexican officials patrolling a certain area in NYC (I think it was NYC) because a few Mexicans were mugged and called racial slurs.
You understand that, right? Our government is acting to PROHIBIT law enforcement agents of Arizona from protecting Americans from illegal aliens (a small percentage of whom have committed crimes against American citizens) YET IS ALLOWING the Mexican Government to work to protect MEXICANS from being mugged and such in the USA!!
If that isn't enough to get you to the polls in November, I don't know what is.
GO ARIZONA AND GOV. JAN BREWER
No problem. Arizona knew going in, that SB-1070 wasn't perfect and there would be appeals. The issue is, a clear message has been sent that Americans are fed up with the unabated illegal human/drugs/gangs/arms/prostituion invasion from the South. If such a law worked in Arizona, than it would work nation wide! Are you listening Baracky?
NOVEMBER, VOTE THE DIRTY COMMIE RATS OUT
If the DOJ was enforcing the constitution and the federal law, then why are they not after the sactuary cities like Los Angelas for going against the federal law?
Yes you are 100% correct about that but Immigration is the sole responsibility of the Fed. Gov not the state
Of all the countries in our world, who would have thought that the USA would have become the laughing stock of Mexico.
Be glad part of the racist Nazi law got struck down
The more crap like this these hacks pull, the madder we all get
I swear, there will be no Dims left in Congress, except the Blck Caucus…
Gov Brewer should institute Nullification.
"… that in cases of an abuse of the delegated powers, the members of the general government, being chosen by the people, a change by the people would be the constitutional remedy; but, where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, (casus non fœderis) to nullify of their own authority all assumptions of power by others within their limits: that without this right, they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them: that nevertheless, this commonwealth, from motives of regard and respect for its co-States, has wished to communicate with them on the subject: that with them alone it is proper to communicate, they alone being parties to the compact, and solely authorized to judge in the last resort of the powers exercised under it… " – Thomas Jefferson
What do you want the Federal government to do? Deport 12 million Illegals? Good luck with that
The courageous Governor Brewer
Tired of the Fed's manure
But the ACLU, and Eric Holder, too
Stand in court to try to screw
The seventy percent who want a border secure
And they have suceeded with round 1…against the people's desire. ON ward up the judicial chain.
GO ARIZONA!!
So what is a State supposed to do when the Feds refuse to uphold the Law? This is a National security issue! Not only is this ridiculous, it is infuriating to boot. Hopefully this will serve to intensify the will of the people to get out there in November and Vote!
The judge striking down parts of the Arizona law is not surprising at all look too CA Prop 187, the list is long, where a judge strikes down the will of the people. A quick perusal of history show this type of activity ends poorly.
A message to the ruling class: You keep tweaking the nose of the tiger, eventually the tiger will eat you!
PS: I need a list of laws that I can ignore.
wow, this is just insane….can't say i'm surprised though….very confused how a business can be fined to the point of being shut down if it hire illegals yet law enforcement can't determine resident status….. employers have more responsibility than law enforcement?
Bullshit. That ain't in the Constitution.
Yes, because that's what the LAW says.
Eisenhower did almost as much without all the bells and whistles we have today in the early fifties.
Blame your right wing racist state legislature for passing this law. The Judge is just doing her work
i) did you read the law? it mirrors the Federal Law
ii) Site the passage in the Constitution that prohibits states from enforcing federal laws?
I can site you a plethora of Federal Laws that are adopted by states and enforced on both the state and local level that Fed doesn't care is done.
Almost any hazardous waste state statute is a mirror of Federal regulations and enforced by municipalities and state governments. Why doesn't the DOJ sue on behalf of the EPA for enforcement jurisdiction?
Do you know why? Because the EPA can't enforce it all or conduct all the necessary inspections on their own. And the states have an inherent need to protect the safety and welfare of their citizenry. That's why.
This is the exact same principle. The Fed can't enforce the immigration laws on their own and the states need to protect their citizenry.
I'll wait for you to site the passage from the Constitution that applies.
No but that is not the question here, just more of your distractions.
And yes if that is what the law says that is what should be done.
So will Arizona now stop using their resources to assist in other federal crimes? Like bank robbery or kidnapping?
Doesn't this basically make the Federal Gov't's very own immigration program (that encourages and trains local law enforment to enforce immigration laws) unconstitutional? http://www.cops.usdoj.gov/Default.asp?Item=2044 Oops…hypocritical don't ya think?
Luckily, this one is going to the Supreme Court since the 9th Circuit will happily lick the Fed's bum and Justice will be served.
She ruled that the courts must determine if those sections are constitutional. She did not strike down the law. Do you even read these articles or just look at the headline? Maybe if they had more pictures, or a puppet show.
http://www.cops.usdoj.gov/Default.asp?Item=2044
Explain this moron.
http://www.cops.usdoj.gov/Default.asp?Item=2044
Explain this moron.
Their liberty will be restricted for all of what 60 seconds? Less if they produce a driver's license otr the papers they're supposed to be carrying with them. The judicial branch is completely out of control. Unfortunately we can't even vote the bastards out.
Right to name calling. Typical Lib.
She just interpreted the constitution. If you don't like it pound sand
Did you even read it? Moron.
"right wing racist state legislature"
You are a fool, to be ignored.
A message from liberal_Jew343, a maggot infested, salad tossing, parasitic, abnormally unenlightened, limp wristed, metrosexual, envious, waste of oxygen dweeb, whose only concern is, “what’s in it for me!”
Do you somehow believe in your right wing mind that we can deport 12-20 million illegals? Really? If it is so easy why didn't Bush do it
It still has to go to court, but she requested all the suits be bundled before ruling on this injunction. I don't see her going against the obama regime. And yes her comments do seem like legislating from the bench. I know this isn't nice, but wonder what she was offered by the regime in return for this ruling. Could it be the a seat on the supreme or an appointment to a circuit court.
Do we now fall silently into anarchy???? Every person for themselves??? Why should I have to show my ID to an officer if I get stopped?????
The AZ immigration law upheld the constitution. Read the bill.
What "American Businesses"? You mean we have some left?
Especially the part that illegals can seek jobs.
Spliff has an idea. Any other Federal law that Az finds tough to enforce should just go by the wayside as well. When the Feds gripe and complain, cite this decision. Cite it over and over again until it gets pushed down the memory hole and burned.
This is what's worse, is the Feds already want Local Law Enforcement doing what Arizona's law encourages.
Not only that, but the Feds even have their own training program for it!
http://www.cops.usdoj.gov/Default.asp?Item=2044
She's a federal judge.
Judge Bolton is a Clinton apointee so this ruling comes as no surprise. We will have to wait until the appeals process makes its way to the Supreme Court.
in a word….
YES! Yes I do.
It could either deport to just tell them to leave on their own and/or fix our immigration system to. But in order to fix the immigration system, we need to secure the boarder first.
As I asked before, why is the government after AZ and not the sacturary cities in CA who break the federal law.
I am required under penalty of law to carry my green card at all times, and produce it upon request, for any reason (OR NO REASON AT ALL).
I suppose, if am ever stopped at a sobriety checkpoint, and the officer – 'pon noticing I am not from around these parts – asks me for my green card, I'll be well within my rights to scream "racism" and tell him to make do with my driving licence, or my middle finger, whichever is most appropriate.
Oh, wait, no I won't be within my rights: I'm a caucasian immigrant. We're only here to pay for illegals and contribute to reparations. Yeah, that's the dream we all had…right MLK?
C'mon, States Rights. The Judge made a ruling correct? States Rights!!!
Wow…took all of five minutes to bring up Bush. That's not what THIS is about. It's about NOW, not the previous President.
Shut up you are an idiot.
Put your blame on Bush not Obama. If Bush had secured the border in his 8 year disaster we wouldn't be here. If Bush can't do it in 8 years I don't expect Obama to do it in 4. DEAL WITH THAT!!!
and if the anointed one was so high and mighty … then he should be able to do it too.
Of course it might interrupt his golf game.
marrob is just following his marching orders for the day while waiting for mom to get the Spaghetti O's ready for lunch.
Nothing more.
Do you have your papers troll? Better be careful here or we'll send you to Sheriff Joe. BTW I hear sorros calling you, you better hurry or you'll miss out on this weeks paycheck.
Partisan politics has won. The ballot box has been silenced, the will of the people disrespected. The constitution ignored. The American workers will pay for it all. When the law is ignored there is no law. When you reward those who break our law then there is no republic but a dictatorship.
The govt is not enforcing existing federal law regarding illegal aliens.
This republic is based on representation, by population, not PARTY AFFILATION.
Gerrymandering silences the whole segments of the population simply because they belong to the so called wrong party. This is forced collectivism. To silence the voice of a vet let alone of someone who is engaged in battle as we speak is EVIL. To say you must be a republican or democrat or you will have no say is dead wrong and it is why America is not a republic but a lie.
To defend republicans or their allies the democrats then the debate begins with representation and as long as gerrymandering exist then they have no defense.
When the court system fails to protect the ballot box and it has failed to protect the ballot box then we are not a representative government but a dictatorship.
To defend the polarizing forced collectivism of the so called two party system is to disrespect the sacrifice of our military personnel and thus labels our military as mercenaries. Our troops do not fight for riches or fame, but for us. They are our family members and not mercenaries to be discarded after the battle or silenced to maintain the power of a party. Country before party or there is no country..
Fast track it.
Here's a question for this liberal – Do you realize that liberals don't exactly support Israel? Look at Obama's track record. He hasn't made any friends in Israel. I do realize this probably does not matter to you though. You more than likely favor party politics over your beliefs.
You do realize that Judge Bolton is a FEDERAL JUDGE don't you?
Anyone living in a border state.
Just when we had them racing out of AZ, now this…..
Smiling Democrats climbing fences, Fiesta!!!
I am disappointed in this Federal Judge and I hope she gets lots of little brown visitors in her yard.
There is something terribly wrong when illegals have more rights then our
citizens….I can't believe the way our country is going, it's going to hell in a
handbasket!!
Based on his most recent posts marrob is probably ready for nappy time.
Ut Oh another liberalism infested individual with a case of the blamey busheys.
America has never had strict immigration laws. We are a nation of immigration. Right wingers are scared because Hispanics will be a majority in 30 years so they want to put the breaks on it. Too late my friend. The flood gates are opened and will be opened till the end of time. DEAL WITH IT!!! racists
WHOA!!! I never saw that one coming!! A liberal who is blaming Bush. Don't get me wrong here though. Bush did basically nothing about the border. But hey, why stop at Bush? Clinton did not do too much about it in eight years. Obama has done very little about it so far and I don't see that changing. So, liberal, don't try and pin this one on Bush. BOTH parties are to blame here.
Well you can deny the fact that Bush had 8 years to secure the border and didn't do jack about it
wohlfguy, I think your trying to talk sense to a parrot…….lol
When will you proglodytes stop blaming Bush for every freakin thing? Really, really pathetic.
This is the only way you libs can win. The people speak via the ballot box and you have to turn to partisan judges enact your twisted agenda.
I believe Bush's pandering towards illegal aliens is just one of the reason why "we" are pissed off and involved with the TEA Party. Partisan politics has no room under the TEA Party. Both sides have their reasons why they allow this madness to continue. The American people are just getting screwed.
For a group of people who invoke the Constitution so frequently, you don't seem to have even the most tenuous grip on it. That's why the court has blocked implementation of your unconstitutional law.
The "Supremacy Clause," Art. VI, cl. 2 of the United States Constitution states
that the U.S. Constitution and laws of the U.S. are the “supreme law of the land.” “A fundamental principle of the Constitution is that Congress has the power to preempt state law.”
The concept that immigration is solely the province of the federal government is well established by the Constitution and has been repeatedly recognized by the Supreme Court.
Enumerated powers that implicate the immigration power include: The Commerce Clause, Art. I, Sec. 8, cl. 3 of the U.S. Constitution; the Naturalization Clause, Art. I, Sec. 8, cl. 4; the Migration and Importation Clause, Art. I, Sec. 9, cl. 1; and the War Power Clause, Art. I, Sec. 8, cl. 11. The Supreme Court has also found implied federal constitutional powers to regulate immigration as an incident of Sovereignty — IMMIGRATION LAW SOURCEBOOK, 10th edition 2006–07, at 25., Source: NILC
Can you imagine a system in which each state in the union had its own immigration policy? Of course not. It needs to be uniform and equally enforced.
In Washington state you can register to vote online simply if you have a drivers license. The only legal citizenship check is an online honor system question asking if you are a US citizen. I know this is not Arizona, but it illustrates how this is about votes, not immigration. Imagine if the battleground states went the way of Arizona. The political class needs new voters because their current constituents intend to fire them.
Now that Obama's DOJ got what they wanted, expect this case to drag on for years.
Fellow Americans, when the political class can fire their own voters, we have reached the tipping point.
They have EXERCISED the liberalism,This man is clear.
QUICK!!! This man needs more kool-aid!
Why not blame Clinton for the 8 years wasted? The only person who can be truly happy about Berry's administration is Jimmy Carter… he's the only one that has the most to benefit from this mess. Jimmy is no longer the worst president this country has ever seen. On top of that Jimmy gets to pass the torch while he's still alive to celebrate. How fortunate for him.
That's what I love about democrats… they want everyone else to pay their expenses for them and take the blame for their foul-up. Then when someone calls them on the carpet they all pile on to help each other deflect the attention.
I would have more luck with a parrot!
Thank you my friend. I knew I wasn't the only smart one here.
I would encourage Arizona to conduct a gap analysis of all their state statutes.
Any statutes that are also covered by Federal Regulations and agencies should be struck from the books.
Imagine how much the state could save if they left all environmental and hazardous waste and storage requirements for the Fed/EPA to enforce.
This ruling is actually good news for the states. It will certainly cut states budgets.
Well said Sir.
The silence about illegals from central and south america bringing leprosy, vile forms of meningitis, various plague forms and so on is criminal.
You all do know about this, right? We are actually importing diseases and resistant strains never seen, or not seen in the United States for many a year. No one want to talk about the health-screening that legal immigrants have to go through, and how they must produce medical records.
Illegals? Come on in and bring your pathologies with you.
Disgusting.
Where do you live? Probably no where near the border. Every day, there are local stories that highlight what occurred the night previous in atrocities down at the border. You have no clue what you are talking about. All you are doing is buying the lack of news MSM delivers on MSNBC to attain your knowledge.
Spot on common sense
This judge was bribed in Tacos and Burritos judging by all the gas leaving his mouth and his a$$. I demand an investigation!
And arresting law breakers is the duty of the of every sworn law enforcement officer. There are a whole host of laws that the feds have priority over, counterfeiting for one, but that doesn't mean the beat cop can sit idly by while you pass bogus 20's (or ID's) all over town.
Does it??
If so, then end of issue. Your mom's calling. The Spaghetti O's are ready. Lunch is served!
Answer the question, coward. Address the issue of sanctuary cities and when you've finished that, address their unwillingness to pursue the New Black Panther voter intimidation case. How in these cases is the DOJ enforcing the Constitution?
Your bobbing and weaving when someone corners you is pathetic. You started the argument now you run from it with the typical Liberal tactic of whining about how do we deport 12 million illegals. One by one, that's how. Who do you think you are fooling?
Yes, we have had immigration LAWS. There have always been certain steps immigrants have to take to enter this country LEGALLY. It is not about race. I don't care how many Mexicans, Asians, Chinese, etc come into this country, as long as they enter it legally. Left wingers love to throw racism around because it is all they have to throw around. Try dealing with the facts next time.
I agree with you. That point should be by the Gov.
Gov Brewer, Call out the National Guard!!!! Set them on the border until such a time Obama gets over his Muslim, One World Order tendency's of LAWLESSNESS.
Hahahhahaaaa..
You are talking about LEGAL immigration. That's not even PART of this discussion.
DOJ got an injunction against the NBPP. Thats enough for me. Lets talk about the Bush administration downgrading voter intimidation and civil right cases. You know two can play this game right?
Ah, but that is a logical question. This President is all for ANARCHY, they can get a lot done in a crisis.
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