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July 29, 2010 in Nation/World
Judge pulls key pieces from immigration law
Arizona governor calls block ‘a temporary bump’
PHOENIX – A federal judge stepped into the fight over Arizona’s immigration law at the last minute Wednesday, blocking the heart of the measure and defusing a confrontation between police and thousands of activists that had been building for months.
Coming just hours before the law was to take effect, the ruling isn’t the end.
It sets up a lengthy legal battle that could end up before the Supreme Court.
Protesters who gathered at the state Capitol and outside the U.S. Embassy in Mexico City cheered when they heard the news. The governor, the law’s authors and anti-illegal-immigration groups vowed to fight on.
“It’s a temporary bump in the road,” Gov. Jan Brewer said.
The key issue before U.S. District Judge Susan Bolton is as old as the nation itself: Does federal law trump state law? She indicated in her ruling that the federal government’s case has a good chance at succeeding.
The Clinton appointee said the controversial sections should be put on hold until the courts resolve the issues, including parts that required officers to check a person’s immigration status while enforcing other laws.
In her preliminary injunction, Bolton delayed provisions that required immigrants to carry their papers and banned illegal immigrants from soliciting employment in public places – a move aimed at day laborers.
The judge also blocked officers from making warrantless arrests of suspected illegal immigrants for crimes that can lead to deportation.
“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 wrote.
The ruling came just as police were making last-minute preparations to begin enforcement of the law and protesters, many of whom said they would not bring identification, were planning large demonstrations against the measure.
“I knew the judge would say that part of the law was just not right,” said Gisela Diaz, 50, who came to Arizona from Mexico City on a since-expired tourist visa in 1989 and who waited with her family early Wednesday at the Mexican Consulate to get advice about the law.
“It’s the part we were worried about. This is a big relief for us,” she said.
At a Home Depot in west Phoenix, where day laborers gather to look for work, Carlos Gutierrez said he was elated when a stranger drove by and yelled the news: “They threw out the law! You guys can work!”
“I felt good inside,” said the 32-year-old illegal immigrant, who came here six years ago from Sonora, Mexico, and supports his wife and three children. “Now there’s a way to stay here with less problems.”
Opponents argued the law will lead to racial profiling, conflict with federal immigration law and distract local police from fighting more serious crimes. The U.S. Justice Department, civil rights groups and a Phoenix police officer asked for Wednesday’s injunction.
Lawyers for the state contend the law was a constitutionally sound attempt by Arizona to assist federal immigration agents and lessen border woes, such as the heavy costs for educating, jailing and providing health care for illegal immigrants.
They said Arizona shouldn’t have to suffer from a broken immigration system when it has 15,000 officers who can arrest illegal immigrants.
In her ruling, Bolton said the interests of Arizona, the busiest U.S. gateway for illegal immigrants, match those of the federal government. But, she wrote, the federal government must take the lead on deciding how to enforce immigration laws.
Mexico Foreign Secretary Patricia Espinoza called the ruling “a first step in the right direction” and said staff at the five Mexican consulates in Arizona will work extra hours in the coming weeks to educate migrants about the law.
“None of this is very surprising,” said Kevin R. Johnson, an immigration expert and the law school dean at University of California at Davis. “This is all very much within the constitutional mainstream.”
The remaining provisions, many of them revisions to an Arizona immigration statute, took effect today.
Brewer spokesman Paul Senseman said the state will appeal Bolton’s ruling to the 9th U.S. Circuit Court of Appeals in San Francisco today, asking the appellate court to lift the injunction and allow the blocked provisions to take effect.
Whatever way that court rules, Bolton will eventually hold a trial and issue a final ruling.
Ancient Roman wrecks found in deep water 
liarsinnews on July 29 at 4:54 a.m.
Don`t you wonder why the decision was changed at the last minute? It happens in our court system with regularity. Of course many Americans think the justice system is broken anyway.
greyhound2 on July 29 at 5:05 a.m.
While the Feds have failed to do their job or live up to their responsibility, they want to make sure nobody else does it either. The Feds problem is that the Chamber of Commerce and US corporations need a large pool of unprotected workers to exploit, while they dump the social costs of welfare, health care and education onto the backs of property owners in the counties and state. This November, it is time to dump all incumbants out of office regardless of party.
Ninch on July 29 at 6:55 a.m.
At least they kept the law that forbid sanctuary cities in Arizona. And notably, the stay was for the “mandatory” requirement for Arizona law enforcement to check immigration status because they are still allowed to do so within a narrower window of criminal offenses. As one very well informed commentator pointed out… these ongoing appeals and court cases will keep this issue in the spotlight way into 2012 and will hurt Obama and his followers in the long run. Obama will not be able to continue to hold border enforcement hostage toward getting HIS version of immigration reform. He is now on the hot seat to prioritize border enforcement while the backlash grows against the illegals and Mexico.
IHike4Fun on July 29 at 7:04 a.m.
I read recently that Phoenix is the number 2 city in the world for the number of kidnappings - Mexico City being number 1. Glad I don’t live down there any more.
misjustice on July 29 at 8:15 a.m.
Phoenix is not the #2 city “in the world” for kidnappings…
“Scott Stewart, vice president of tactical intelligence for Stratfor, an Austin-based global intelligence company, separately chimed in: “According to our analysts, there is no way that Phoenix is the No. 2 city in the world for kidnapping and there are significantly more kidnappings in many other cities throughout Latin America,” he said. “San Salvador, Guatemala City, Bogota as well as several cities in Mexico certainly have higher kidnapping rates than Phoenix.”
http://www.politifact.com/texas/statements/2010/jun/28/john-mccain/mccain-says-phoenix-second-kidnapping-capital-worl/
That “statistic” is touted by McCain, Huckabee and others on Faux Noose to keep people agitated. Additionally, the above source stated that unless you are a coyote (human smuggler) or a drug dealer that even in the scary metropolitan area of Phoenix you are relatively safe from kidnappers…
misjustice on July 29 at 8:23 a.m.
The President has asked Congress to approve the funding to progress the work towards better securing our southern border…
“June 23, 2010 11:45 PM
HOWARD FISCHER - CAPITOL MEDIA SERVICES
PHOENIX — The Southwest border would get 1,000 new Border Patrol agents and 160 new Immigration and Customs Enforcement Officers if Congress approves a request by President Obama for an extra $500 million for security.
Details of the plan, released Wednesday, also include new customs officers — the people at the border crossings — and two new unmanned aerial vehicles to help monitor border activities. There currently are three UAVs along the entire Southwest border.
In his letter to Congress, the president said he actually wants to spend $600 million “to secure the Southwest border and enhance federal border protection, law enforcement, and counternarcotics activities.”
http://www.yumasun.com/articles/border-61957-new-million.html
To state that President Obama is going to “continue to hold border enforcement hostage” is patently false…another lie ginned up by Murdoch’s merry-band of miscreants!
Thayne on July 29 at 8:27 a.m.
IHike 4Fun, I think your should broaden your sources for news and read and listen to sites that report facts not fairy tale. There is zero evidence proving Phoenix is #2 in kidnapping. Cities in Mexico, Columbia and Guatemala have higher numbers. You are a lot more likely to get kidnapped or killed in Cape Town, South Africa than Phoenix. As far as the original news story. Arizona Republicans in an attempt to pander to their constituents rammed through a ridiculous piece of legislation and are now feeling the backlash. Something does need to be done about illegal immigration - all of it. Why is there no mention of the tide of illegal Asians entering the country in shipping containers? Why are we spending billions of dollars on the border with Mexico and almost nothing by comparison on the Canadian border? I sure hope rational minds start to prevail.