July 28th, 2010
01:19 PM ET

Judge blocks part of controversial Arizona immigration law

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 required 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.

Read the full ruling (PDF) | What does ruling mean?

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.

"We believe the court ruled correctly when it prevented key provisions of SB1070 from taking effect. While we understand the frustration of Arizonans with the broken immigration system, a patchwork of state and local policies would seriously disrupt federal immigration enforcement and would ultimately be counterproductive," the Department of Justice said in a statement. "States can and do play a role in cooperating with the federal government in its enforcement of the immigration laws, but they must do so within our constitutional framework.

"This administration takes its responsibility to secure our borders seriously and has dedicated unprecedented resources to that effort. We will continue to work toward smarter and more effective enforcement of our laws while pressing for a comprehensive approach that provides true security and strengthens accountability and responsibility in our immigration system at the national level."

Seven lawsuits are seeking to block implementation of the law, signed by Arizona Gov. Jan Brewer in April. It is to go into effect Thursday.

Watch: Gov. Brewer reacts to preliminary injunction

The law also targets those who hire illegal immigrant laborers or knowingly transport them.

Opponents say the law will lead to racial profiling, which is illegal.

Supporters point out that the law prohibits racial profiling and people cannot be stopped and asked for proof of legal residence based solely on their looks.

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Filed under: Arizona • Immigration
soundoff (827 Responses)
  1. jc

    I guess most of you dont know how the country is stuctured. you can blame all those people who decide to go to college instead of working one of those miminum wage paying jobs.(and that's being generous) They are only filling a need. you can vote on it all you want but tha tinjunction shows that even the government is smart enough to figure it out. Also "the federal government has preminent authority to regulate immigration matters." so voting wont work in this case.
    People are not flooding in from mexico . In fact most prefer to stay where they are at but just like your ancestors came here with hopes of a better life some people think the same. They come here with a goal in mind and contrary to most people's beliefs they come here without violent intentions and I'm sure the way you feel about violence is the same way they feel. Turning them into "the other" wont accomplish anything.

    July 28, 2010 at 5:28 pm | Report abuse |
  2. confused

    I am confused that some of the so called American citizens are ok with being held captive by illegal foreign nationals and a president of a foreign nation dictating our laws and policies. I personaly do not care what reason these illegals give for treating our laws and toilet paper and telling us they have every right to be here and we should bend over for them. I am tired of paying taxes, especially in Maryland that our pos governor gives to CASA of Maryland. this gov. has given over 30,000,000.00 of our tax money to support illegals. I am not confused taht the POS President and his cronies are for illegals and cares very little for the American Citizens.Someone please explain to me why we should let illegals and the president of a foreign nation dictate to us.

    July 28, 2010 at 5:55 pm | Report abuse |
  3. Frank

    I thought someone might be interested in this article.

    Federal Judge Overturns Key Portions of Arizona Law

    You'll find it at the Incog Man Dot Net. This is for those Americans fed up with the immigration mess in this country. If you support it, don't bother! You wont like it!

    July 28, 2010 at 5:57 pm | Report abuse |
  4. tlludwig

    TO ALL IMMIGRANTS: This is not your country, you are a visitor. If you don't like our country's laws then GO HOME.

    July 28, 2010 at 6:08 pm | Report abuse |
  5. Patti Callaway

    Are you friggin kidding me? How many AMERICANS have to die, right here in AMERICA, before SOMEONE secures the border? One American killed by ILLEGALS is one American too many!!! This is NOT an IMMIGRATION issue at this time. This is a SAFETY issue. EIghty miles into America, from the Mexico border, are signs posted that WE AMERICANS are not safe due to the ILLEGAL crossings at the border. What the hell? Obama and his family need to vacation at one of these ranches and let's see how safe they feel...without secret service that is. He won't even go look at the problem. I have one question; when do we IMPEACH the incompetent President????????

    July 28, 2010 at 6:12 pm | Report abuse |
  6. Holly

    I don't understand why all the hate toward Mexican's and Latino's alike (because not all illegals come from Mexico)you all do know that right? I was praying this absurd law would not pass and it is now 70 percent okay and 30 percent not okay. For one we need Mexican's/Latino's alike because they do the jobs you or I will never do. Let's be honest for once okay? America we don't need to ever relive Hitler's law or the 50's and 60 's of yesterday. So I say live and let live. They don't take your jobs because they do the jobs NO American will ever do. Second I am third generation Mexican American and I would be getting stop every day I go out which would not be a "life" for me after being X amount of years free to come and go.......... as well I should be. I would of hated to get stopped just for being "brown". So this ruling is a start in the right direction I think. STOP the Hate America. Let's give freedom to all not just to some. America was made of all races,and cultures that is why we are the biggest melting pot. Don't you love that to live free? Be color blind so this USA will go far and be a better place to live for all the children to come. STOP BEING STUCK ON STUPID.

    July 28, 2010 at 6:31 pm | Report abuse |
  7. ron

    this is obamas way stir up chaos,north and south america will become one nation and one currancy.how do you like the sound of AMERICAN PESO DOLLAR or this might sound better PESO DOLLAR cool . no

    July 28, 2010 at 6:41 pm | Report abuse |
  8. Robert

    Is this where I post my comments concerning what a TWIT this Judge is? Please, people in Arizona – begin your work to have this Judge removed from the bench.

    In the meantime if anyone is asked for a drivers license, birth certificate, social security card or any other identifiable proof refuse to do it and hire an attorney because clearly a Federal judge has determined that we don't have to prove who we are or that we even belong in this country.

    It's time for the PEOPLE to file a CLASS ACTION LAWSUIT AGAINST THE FEDERAL GOVERNMENT.

    July 28, 2010 at 6:47 pm | Report abuse |
  9. Incredulous

    News flash for conservatives. When you use the word liberal in derogatory terms, people who identify themselves as liberals are not offended. I realize that within your confused and twisted little clan you have turned the word liberal into an insult, but the rest of the world doesn't share your view. Liberal is a word that has specific meaning, neither positive nor negative. You idiots might as well try to offend people by pointing out that they are right-handed or have brown hair. Too bad you are not smart enough to realize just how dumb you sound.

    July 28, 2010 at 7:47 pm | Report abuse |
  10. Ed

    So the argument that immigration and enforcement of illegal immigration is the sole responsibility of the Federal government is upheld. Then why does the Federal government have such a poor record of controlling illegal immigration and the smuggling of drugs in and money out of this country? Could it be that some high ranking US Politicians are bought and paid for by the same drug cartels and/or the businesses which employ illegals? Truth hurts, doesn't it?

    July 28, 2010 at 8:11 pm | Report abuse |
  11. Ken

    California is the land of illegal's/anchor babies,and i find this unexceptable as a real american,we got lost jobs here to illegal's and corporation who hire them,we need to protect our boarder's,we need to stop the anchor baby snydrome that is accurring and the belief that the 14 th ammendment is there too protect legal status here,and it seem's that some of you people believe they have right's here when they entered ILLEGALLY..over real american's who fought for that right and sacraficed there own life's for it..you have lost touch with the way we stand up for equality and how you obtain legal status you don't sneak over a boarder of another country and populate it and make the people of that country suffer with out no regard for it...ashamed totally/You think Arizona's got a problem we have no representation here,NOTHING!
    Thank you..and i want to invite Obama to come to my neck of the woods and get the real story,and stop being a back seat driver ,he has no clue what is really happening here.seeing is believing for most....
    Ken.

    July 30, 2010 at 2:38 am | Report abuse |
  12. stormsun

    This is another pathetic and shameful performance by our federal government. The most basic thing the federal government is supposed to do, indeed, one of the most compelling reasons to have a federal government, is to protect and insure our national security, including the security of our borders and the maintenance of an orderly immigration policy.

    The feds argue that the states will simply complicate matters. This is a transparent ruse to avoid doing anything substantive to stem the flood of millions of illegal immigrants into the U.S. This is not a racial issue on the side of those who insist on enforcement of immigration laws and border security. It IS a racial issue, cloaked in a lot of dissembling language, on the part of most liberals and many (though certainly not the majority) of Hispanics. They want Hispanic people to simply be able to cross the border and blend in. The problem is, millions of unrestrained immigrants can't "blend in." They are breaking our social systems down. They are turning parts of our country into de facto third-world areas. I am not antagonistic to Hispanics; I love the people, their language and their culture. I would say the same if the streaming millions were Irish, French, Lithuanian, Somalian, Serbian, Chinese, or any other ethnic group.

    Follow our laws, immigrate legally, be a good citizen, contribute: you will be welcomed with open arms as has been the case since the beginnings of our country. But if you ignore our laws and enter illegally, you need to be deported as soon as you are detected. I would add that we need to change the laws currently on the book so that the children born on U.S. soil to parents who are both illegal aliens should NOT automatically be U.S. citizens, either.

    Get a clue, people. What do you want to the future of our country to be? Another Mexico or Guatemala or Nicaragua? WHY DO YOU THINK THESE PEOPLE ARE FLOODING INTO OUR COUNTRY? Do you want the U.S. to be like the places they are fleeing?

    August 1, 2010 at 1:58 pm | Report abuse |
  13. lloyd

    this whole thing seems so black and white to me ..... if a person goes to my Bank and steals " my money " and gets caught...they go to jail.... if a person, illegally in this country, goes to Arizona and steals my " tax dollars " on a daily basis and encourages their family and friends to come to beautiful Arizona and do the same thing...till Arizonas broke and can't function.... what should be done ? Maybe we could issue all illigals a new Ford , or maybe we should just get our heads out of our ass and do the same thing we would do if a robber kicked in our frount door , sat at our table and demanded to be fed.

    August 4, 2010 at 8:41 am | Report abuse |
  14. Tim

    Yep got a phone call from Obama.

    July 28, 2010 at 1:31 pm | Report abuse |
  15. kris

    only in your mind

    July 28, 2010 at 1:46 pm | Report abuse |
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