Wednesday, July 28, 2010

Judge Strikes Down Key Provisions Of Arizona Illegal Immigrant Law SB1070


A federal judge has blocked one of the most controversial sections of a tough Arizona immigration law, granting a preliminary injunction Wednesday that prevents police from questioning people about their immigration status.

That provision of the law requires police to "make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested" if the officer has a reasonable suspicion that the person is in the United States illegally.

U.S. District Judge Susan Bolton's ruling, in response to a motion filed by the federal government, came with scant hours to go before the law goes into effect.

She also blocked provisions of the law making it a crime to fail to apply for or carry alien registration papers or "for an unauthorized alien to solicit, apply for, or perform work," and a provision "authorizing the warrantless arrest of a person" if there is reason to believe that person might be subject to deportation.
This is a win-lose for both the Obama administration and Gov. Jan Brewer. The judge struck down the most controversial parts of SB1070: illegals having to walk around with their papers and cops being able people's immigration status. Then too, while the ruling is a temporary injunction, if you read the whole thing Judge Susan Bolton seems to think that the DOJ has made enough of a case that could see the law blocked in its entirety. A key win for Jan Brewer and all other opponents of illegal immigration is that a ban on so-called sanctuary cities stands, as does making it a crime to pick up day laborers who are illegal immigrants. The parts of the law dealing with sanctions for the hiring of illegal immigrants also goes into effect Thursday.

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