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Will Judge’s Ruling Kill Arizona Immigration Law?

News 2010/07/28 22:32:19
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After months of battles, political posturing on both sides, boycotts, threats of lawsuits and demonstrations, Arizona’s controversial immigration law is scheduled to go into effect on Thursday.

Only now, according to The Associated Press, it’s not going to, at least not all of it. A ruling by U.S. District Judge Susan Bolton on Wednesday effectively put most of SB 1070 on ice and set up what promises to be a long court battle. Federal judge Bolton’s ruling blocked the enforcement of the law’s most criticized provisions, including ones that required police officers to check a person’s immigration status while enforcing other laws, required immigrants to carry their papers at all times and prohibited undocumented workers from soliciting employment in public places. The ruling will also put on hold a provision that paved the way for officers to make warrantless arrests of suspected illegal immigrants.

"Requiring Ariz. 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 said in her decision, suggesting that the controversial sections should be put aside until courts resolve other issues.

Ariz. Gov. Jan Brewer said the state will likely appeal the ruling and seek to get it overturned.

"It's a temporary bump in the road, we will move forward, and I'm sure that after consultation with our counsel we will appeal," Brewer said.

Other sections of the law – mostly procedural and with slight revisions to the existing Arizona immigration statues – will go into effect at 12:01 a.m. Thursday. Lawyers for the state have said the law is constitutionally sound and is merely an attempt by Arizona to help federal immigration agents and cut border woes tied to illegal immigration.

Police in the state had already begun making last-minute preparations to enforce the law as protesters gathered for planned massive demonstrations against the law. The federal government has also launched an effort to short-circuit the law, arguing that immigration policy is under federal jurisdiction.

Do You Think the Judge’s Ruling Will Kill Arizona’s Immigration Law?

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Top Opinion

  • H.A.L.-9000 2010/07/29 00:10:08
    No. It's too little too late.
    H.A.L.-9000
    +31
    you cross the North Korean border illegally you get 12 years hard
    labor.
    If you cross the Iranian border illegally you are detained indefinitely.
    If you cross the Afghan border illegally, you get shot.
    If you cross the Saudi Arabian border illegally you will be jailed.
    If you cross the Chinese border illegally you may never be heard from
    again.
    If you cross the Venezuelan border illegally you will be branded a spy
    and your fate will be sealed.
    If you cross the Mexican borders illegally you will jailed for two years.
    If you cross the Cuban border illegally you will be thrown into political
    prison to rot.
    If you cross the United States border illegally you get:
    1 - A job
    2 - A driver's license
    3 - A Social Security card
    4 - Welfare
    5 - Food stamps
    6 - Credit cards
    7 - Subsidized rent or a loan to buy a house
    8 - Free education
    9 - Free health care
    10 - A lobbyist in Washington
    11 - Billions of dollars in public documents printed in your language
    12 - Millions of servicemen and women who are willing to - and do - die
    for your right to the ways and means of our constitution
    13 - And the right to carry the flag of your country - the one you walked
    out on - while you call America racist and protest that you don't get
    enough respect.

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Opinions

  • ThorOdinson14 2010/08/17 08:30:20
    Yes. It's about time this thing was blocked.
    ThorOdinson14
    We, the NSM, marched on Knoxville, TN. Our support for the patriotic Volunteer State was met with anarchists in clown suits and homosexuals trying to show their support for illegal immigrants by playing accordions, juggling on a unicycle and wearing ballet costumes with fairy wings. Oh, and I like this "Is Ivy League Dumping Israel?" link over to my right. Some Kikes at our march had banners of typhus victims' dead bodies and again tried to blame those deaths on "gas chambers".
  • JessyBear 2010/08/03 13:21:57
    No. It's too little too late.
    JessyBear
    +1
    People are so dumb - the law already allows you to check - and why would anyone not want our boarders protected. The Judge bowed to political pressure and made the wrong choice. It's a shame. - We need to protect all Americans, and stop the drug cartels - and those that should not be in this country.
  • intolerantrwj 2010/08/03 13:00:02
    No. It's too little too late.
    intolerantrwj
    +1
    ..... I want to know if the Judges ruling will cost him his job ... better yet, his Citizenship !
  • zollen 2010/08/03 12:41:30
    No. It's too little too late.
    zollen
    It's our Goverment. It just creates the lows that are only the custom papers, not more.
  • Chris 2010/08/03 09:24:46
    No. It's too little too late.
    Chris
    WE THE PEOPLE ARE ROLLING FORWARD!
    late people rolling late people rolling
  • den 2010/08/03 05:59:30
    No. It's too little too late.
    den
    +1
    the judges have no business blocking the will of the people to protect the illegals
  • JamieG36 2010/08/03 02:35:52
    No. It's too little too late.
    JamieG36
    +2
    lawfull aliens. there shouldn't be any aliens period, get these people out of the country. I am sick of Cubans, Mexicans, Chinese, Japanese, Islamic whatevers, and pretty much every other non caucasian, african american, native indian. that should be all there is here. Caucasian, Native American, and African American. That's it. period. maybe some decendents of Mexican's that were already in the Southwest when the land when it became states in the first place. Everyone who isn't caucasian, mexican (decended from those here during the 1800's), native american indian (not India), and African American's decended from the slaves after the Civil War. That's it. period. no more. case closed. get the F%$# bastards.
  • ActionJ... JamieG36 2010/08/03 03:31:34 (edited)
    ActionJackson
    +1
    Phoenix, AZ (AP) - Thousands of illegal immigrants are showing their outrage with Arizona 's controversial new SB-1070 law by boycotting the state and moving elsewhere.

    One example of those who are punishing the state by leaving is illegal immigrant Manuel Renaldo. As he loaded his stolen car with his family's belongings, Renaldo told this reporter through an interpreter, "It's a matter of principle, 'homes.' I refuse to be supported by someplace that treats me like a criminal."

    The effects of the exodus are being felt by Arizona retailers who report dwindling beer, spray paint, and ammunition sales. Also hit hard are Arizona hospitals, who have reported a dramatic decline in births and emergency room visits by illegal aliens. "We're ecstatic," said one administrator for Banner Health in Phoenix . "At this rate we may see a profit one day."

    The boycott/exodus of Arizona by illegal’s is expected to grow exponentially leading up to the law's starting date.

    Renaldo: Leaving for a state that will support him with dignity, California ! exponentially leading laws starting date renaldo leaving support dignity california
  • whitewu... ActionJ... 2010/08/03 13:41:52
  • Toxic Kenyan 2010/08/03 01:54:42
    No. It's too little too late.
    Toxic Kenyan
    No. It will probably piss off a lot of people and get a lot of illegals killed.
  • Al C. 2010/08/02 23:19:43
    No. It's too little too late.
    Al C.
    +1
    No because the Judge's ruling was unconstitutional!!!!!!!!!!!!!!!
  • whitewu... Al C. 2010/08/03 13:42:15
  • Al C. whitewu... 2010/08/03 17:41:36
    Al C.
    No doubt!!!!!!!!!!
  • JBC American Patriot 2010/08/02 23:15:14
  • nightlight 2010/08/02 19:28:34
    No. It's too little too late.
    nightlight
    +1
    The judge who blocked the Arizona law must be working for Obama and is equally guilty of treason for her ruling.
  • John Alverez 2010/08/02 16:48:35
    No. It's too little too late.
    John Alverez
    +1
    I hope not, but fedzilla judges push the govzilla agenda, they don't work for, and could care less about, "the people"
  • Watermusicranger 2010/08/02 16:14:57
    No. It's too little too late.
    Watermusicranger
    The people want it
  • Kris P. Kreme 2010/08/02 05:57:53
    No. It's too little too late.
    Kris P. Kreme
    Arizona is a named defendant. The Constitution requires that all suits in which a state is a party are the original jurisdiction of the Supreme Court. Judge Bolton is not the Supreme Court, thus she had no authority to rule on it.

    Am I the only remaining liberal who respects the Constitution?
  • dixiepixie 2010/08/01 15:54:15
    No. It's too little too late.
    dixiepixie
    +1
    No. People are too angry and a ruling like this just ignites increased anger and more staunchly sets a determination for citizens to take our country back. It is also a huge reminder that there is no place in America for activist judges.

    It is of utmost importance that in November we vote the traitors out who are responsible for not enforcing current immigration law. That includes anyone from both parties.
  • apachehellfire65 2010/08/01 14:15:35
    No. It's too little too late.
    apachehellfire65
    +1
    all this ruling is doing is rallying MORE support for the bill. and keeping it in the news till nov so it will be a thorn in the side of the dim's come election time. late ruling rallying support news nov thorn dims election
  • jackola... apacheh... 2010/08/01 15:00:20
    jackolantyrn356
    +2
    It is a deplorable thing for a state to have to do this to try to protect itself. Worse yet, a President gores to prevent the state from protecting itself. This man needs an inquiry about who he is neing paid by America or a bigger amount of money by Mexico or the Drug Lords. The Smell of Impeachment is in the air. But will the Democratic Socialist Party have their heads out of their own asses far enough to smell it???? Obviously not.
    Fight on friends.
  • Baba 2010/08/01 13:33:31
    No. It's too little too late.
    Baba
    +1
    Arizona's new law to prevent illegals from taking up "residence" in Arizona is a good thing. At least 2/3 of the American population support Arizona and any other State that has the intestinal fortitude to keep/create similar laws. The cost to support illegals has out-weighed the cost of the Iraq War! The billions of our tax dollars to support illegals in this country could have gone toward America's recovery. Obama wants to stop Arizona's new laws for one purpose - Amnesty- to gain the votes for Obama re-election so he can continue to enforce HIS agenda. The people who are against Arizona's new law enforcement are mostly the illegals and Democrat leftists. We American Citizens have to show our identification in many places: Banks and businesses when we want to cash a check; Road-side car checks we show our driver's license and vehicle registration; Nedd a passport, present identity; Buy a car, show our identity; Marriage license, show our identity; Pulled over by local or State police for speeding, show our identity....the list goes on. So what is the big deal about showing identity by EVERYONE! If illegals are driving, they get caught and sent back to their homeland where they belong until they can enter the United States legally to become United States Citizens.

    I HAVE A...
    Arizona's new law to prevent illegals from taking up "residence" in Arizona is a good thing. At least 2/3 of the American population support Arizona and any other State that has the intestinal fortitude to keep/create similar laws. The cost to support illegals has out-weighed the cost of the Iraq War! The billions of our tax dollars to support illegals in this country could have gone toward America's recovery. Obama wants to stop Arizona's new laws for one purpose - Amnesty- to gain the votes for Obama re-election so he can continue to enforce HIS agenda. The people who are against Arizona's new law enforcement are mostly the illegals and Democrat leftists. We American Citizens have to show our identification in many places: Banks and businesses when we want to cash a check; Road-side car checks we show our driver's license and vehicle registration; Nedd a passport, present identity; Buy a car, show our identity; Marriage license, show our identity; Pulled over by local or State police for speeding, show our identity....the list goes on. So what is the big deal about showing identity by EVERYONE! If illegals are driving, they get caught and sent back to their homeland where they belong until they can enter the United States legally to become United States Citizens.

    I HAVE ANOTHER PLAN: Catch all illegals and send them to Washington DC Whitehouse.Obama AND his democratic administration can PAY OUT OF THEIR OWN POCKETS-THEIR SAVINGS-THEIR RETIREMENT PLANS to give ILLEGALS health/medical care, food stamps, education that the illegal students will not accept, jobs as Democratic assistants..If one of the administration gets shot or their child or wife raped, so be it. .But, Let the present Administration who feels sorry for the illegals take care of them OUT OF THEIR OWN POCKETS, SAVINGS, AND RETIREMENT FUNDS. Maybe, just maybe, this Democratic administration will know what the States are going through. The jobs that the illegals are taking from United States Citizens can be restored and money earned can stay in the United States! If my plan were made the law, I can darn well bet you that the illegals would soon be sent home.
    (more)
  • Greywolf 2010/08/01 04:31:30
    No. It's too little too late.
    Greywolf
    Just NO. The Illegal problem in this counrty is out of control, while we are at war...stupid really...I am confident any state can, as a republic, protect their border from this invasion. All this ruleing has done is allowed states to stop assisting any federal activity in their respective state. Any border state can leave the border problems of drugs and gun running up to the federal governemtn without state assistance, again due to this judges ruleing.
  • UnckSam 2010/08/01 01:36:38 (edited)
    No. It's too little too late.
    UnckSam
    We can not cherry pick the laws we must abide by. It really is that simple. Opponents should change the immigration laws to say let everybody in. Until that is the case, we must prosecute offenders of all our laws. Not just the ones we want to. Illegals should have their day in court. If there has been a mistake and it turns out they are legally here they should be set free. If not they should be jailed then deported. If you smoke pot you are going to jail. A lot of people don't feel that should be the case. So they are trying to change the law. until they do....your going to jail. thats how it works. there is no ability to feels sorry so not to prosecute. What is that?
  • Israelite 2010/08/01 01:25:29
    No. It's too little too late.
    Israelite
    +1
    it does set the stage for a law suit .on the lack of federal action on the border .
  • voice_m... Israelite 2010/08/01 01:43:16
    voice_matters
    the problem is there has always been federal action on the border. so what case do you have?
  • Israelite voice_m... 2010/08/01 01:50:36
    Israelite
    +1
    and you consider the fed govt role as effective on the border? i believe the law/rule is the fed govt will secure the borders. not try to secure / make a effort to secure . the security of this nation is the federal govt job 1 and it has FAILED .
  • voice_m... Israelite 2010/08/01 02:28:04
    voice_matters
    doesn't have to be effective to destory your case. i disagree with what job 1 is, but most americans right now do not consider border security as the top issue right now
  • Israelite voice_m... 2010/08/01 02:43:53
    Israelite
    +1
    my case ! what ever . my only point is the states are being over burdened with the expense of illegal immigrants that is a direct result of the federal govt failure to control immigration ..
  • voice_m... Israelite 2010/08/01 02:56:14
    voice_matters
    and yet the voters keep those people in office. not sure where you live but in my state the illegal immigration issue is so far down on the list as it is in majority of the states why would the feds consider it a serious problem.
  • Israelite voice_m... 2010/08/01 03:01:18
    Israelite
    +1
    i live in the west currently in Colorado i have lived in cali and Arizona . it is a issue to these states. and their people . i was unaware the fed could decide which laws to enforce .
  • TheNightFly 2010/08/01 01:14:01 (edited)
    Yes. It's about time this thing was blocked.
    TheNightFly
    Yes, and not because "it's about time it was blocked".

    How does it restrict the liberties of criminal suspects to check their immigration status when their liberties are already restricted because they're under freakin arrest?!

    This federal judge's arguments are irrational and her ruling is a miscarriage of justice. I only hope we have more rational and intelligent federal judges lining up to overturn her stupid ruling and perhaps have her removed.
  • RachelLord 2010/07/31 23:57:27
    No. It's too little too late.
    RachelLord
    +2
    A little too late is a bit misguided. We seem to forget that states have powers too. Secession is definitely an option.
  • voice_m... RachelLord 2010/08/01 01:45:36
    voice_matters
    remember it is not an option. you need congressional apporival for a state to leave the union. and please tell me which state can survive on it's own
  • RachelLord voice_m... 2010/08/01 04:14:15
    RachelLord
    None at this point! :) But it is an option.
  • Carol 2010/07/31 22:22:04
    Yes. It's about time this thing was blocked.
    Carol
    Things Only the Federal Government Can Do

    In short, she found that federal law trumps the parts of the statute she struck down because they imposed burdens on legal immigrants that only the federal government can impose, and because the state's action would force the U.S. government to reallocate resources away from federal priorities, something states can't do.

    Analyzing the Arizona statute, the judge found that one provision required Arizona cops to detain every person arrested until his immigration status could be verified -- and only an actual check of immigration status would do. Proxy documents, like a valid Arizona driver's license, would be insufficient (order at p. 14-17). That requirement was preempted, the judge found, because it functioned like an alien registration statute, and alien registration is something only the federal government can do.

    Moreover, the flood of status-check requests would overwhelm the federal government, forcing it to reallocate resources away from its own priorities, and states aren't allowed to do that. ("Unfunded mandate" complaints work for the federal government, even if they don't for the states.)

    Unfortunately for those who want the Constitutional issues squarely addressed, this ruling appears to be the result of a drafting error...







    Things Only the Federal Government Can Do

    In short, she found that federal law trumps the parts of the statute she struck down because they imposed burdens on legal immigrants that only the federal government can impose, and because the state's action would force the U.S. government to reallocate resources away from federal priorities, something states can't do.

    Analyzing the Arizona statute, the judge found that one provision required Arizona cops to detain every person arrested until his immigration status could be verified -- and only an actual check of immigration status would do. Proxy documents, like a valid Arizona driver's license, would be insufficient (order at p. 14-17). That requirement was preempted, the judge found, because it functioned like an alien registration statute, and alien registration is something only the federal government can do.

    Moreover, the flood of status-check requests would overwhelm the federal government, forcing it to reallocate resources away from its own priorities, and states aren't allowed to do that. ("Unfunded mandate" complaints work for the federal government, even if they don't for the states.)

    Unfortunately for those who want the Constitutional issues squarely addressed, this ruling appears to be the result of a drafting error. Arizona argued that it intended to detain only people reasonably believed to be illegal immigrants until their status was verified, and proxy documents like an Arizona driver's license would be enough for verification. But as Bolton pointed out, those limitations aren't in the text of the statute, read literally.

    Uncle Sam Doesn't Have to Enforce His Own Laws

    Another struck-down provision was the law's requirement that Arizona police verify immigration status during lawful stops of people when there's a reasonable suspicion that they may be here illegally. The judge found that this provision was also preempted as akin to alien registration and would also force the federal government to reallocate resources (order at p. 17-21). Unlike the arrest provision, this one puts a heavy burden only on legal immigrants, as it focuses only on people believed to be aliens.

    In striking down the part of the law that would enable state law enforcement to prosecute and punish violations of the federal alien-registration laws, Bolton found that merely allowing state enforcement and state punishment was enough of a change to the federal approach to immigration as to be preempted (order at p. 21-23). That was so even though Arizona didn't try to change the registration requirements the federal government had imposed.

    See full article from DailyFinance: http://srph.it/aUY0Dg
    (more)
  • Edward 2010/07/31 20:22:01
    No. It's too little too late.
    Edward
    no it will not
  • Change Happens 2010/07/31 19:34:47
    Yes. It's about time this thing was blocked.
    Change Happens
    +1
    and I suspect that the US Supremes will put the final nail in it as well. There is a REASON our founding fathers left such things as immigration law in the hands of the federal government.
  • TheNigh... Change ... 2010/08/01 01:15:34
    TheNightFly
    ...and put guns into the hands of it's citizens.
  • voice_m... TheNigh... 2010/08/01 01:46:21
    voice_matters
    yes and allow the military to put thme down with single shots
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