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. Another Voice

    The AZ law was political posturing by the republican governor, since there is nothing good to talk about with their economy in the tank, she had to find an easy scapegoat and what is easier than immigrants. The worst part is that America bought it.....

    July 28, 2010 at 2:03 pm | Report abuse |
  2. christian

    I am glad that this law is being stopped. Everyone from this country, black or white, came from somewhere at some point and I do not remember them being treated this way in the past. When the Italians or the Irish (for example) first came to this county in masses (and yes, most of them Illegal) they did not have a law in the northeast that would stop them on the streets and to harass them. That is what this law would do to Hispanics in this country. This law looks to me like the laws that Hitler had in place during WWII and would stop and arrest people because of the color of their skins. This country is not Germany!!!!

    July 28, 2010 at 2:04 pm | Report abuse |
    • Liz

      Difference is Chriistian that the Irish, the Italians, our forefathers came here LEGALLY and went through the proper legal channels in order to obtain CITIZENSHIP. Something the ILLEGALS don't do. Sure let's reward criminal behaviour. Illegal immigration is the problem, and it is a drain on various resources. Hell and illegal immigrant gets better medical care than our veteran's do, and its time to STEM and STOP ILLEGAL immigration. Want to come to this country? Then follow the proper procedures....Don't reward the criminals by granting amnesty, that's a crock. Why should people who have broken the law receive special treatment?

      July 28, 2010 at 2:29 pm | Report abuse |
  3. ejbdmm

    I love how all of you clearly uneducated people don't know much about American history and find it so amusing how you blame Obama as if this problem suddenly just began. Get a clue.

    July 28, 2010 at 2:04 pm | Report abuse |
  4. tfmccm

    what can we expect from a president who is himself an illegal and an idiot...is november here yet??

    July 28, 2010 at 2:04 pm | Report abuse |
  5. SamIam

    Funny many posters against the law...use the word "Illegal"..Funny how it works for them? Illegal is Illegal no matter how you slice it!

    July 28, 2010 at 2:04 pm | Report abuse |
  6. Voter#1

    Well as far as I can tell this illegal migration is to be expected. Even the Census Bureau has projected population numbers and I'm not quite sure how they would get these numbers without considering the illegal immigrant. Also from the looks of things corporate america welcomes illegals whole heartedly as I don't see any deterent, I can conduct any business with my primary options "Say 1 for Spanish 2 for English" I don't know what mat some of you are wiping your feet on but this one reads "WELCOME"

    July 28, 2010 at 2:04 pm | Report abuse |
  7. virtualgd

    This judge is a liberal loser! Screw her decision, She sucks and so does Obama! Martial law is coming!

    July 28, 2010 at 2:04 pm | Report abuse |
  8. Brent

    Since we obviously don't care who is here, why the H*** do I have to wait in line and show my papers (U.S. passport) every time I enter the country?

    July 28, 2010 at 2:04 pm | Report abuse |
  9. Lynn

    In other words, a Mexican can take over your house and call it his own. If you try to kick them out of your home, they scream racial protesting, regardless of the fact it's not their home to begin with, it's yours. Somebody please justify this concept.

    July 28, 2010 at 2:04 pm | Report abuse |
  10. TBone

    First. I disagree with the judge. I think every state should have this type of law. (Or enforce the laws we have.) If you are here illegally, then that is an issue. I don't care what country you come from. If I was to move to another country without following protacol, I would be deported in a heartbeat. Yes, I understand the econimical benifits that may come upon businesses. (i.e. farming) But seriously..follow the rules set up that are there to protect this country and it's economy and all will be good.

    July 28, 2010 at 2:04 pm | Report abuse |
  11. Grace

    Hmmm wel some of the morons are defintely out in force today. It's good that we all stepped back and took a deep breath and said OK let's look at this before we jump. First of all the illegals in AZ account for about 1/2 of 1% of the crimes there. Do you think that they want to be out in the open if it risks them getting deported? Secondly, I'd like to ask tryblueamer how is he paying for food, clothing, medical care and schools for illegal mexicans? I want to know that? There are underinsured or uninsured citizens who take advantage of our medical system, get treated at hospitals and not pay. The son of my neighbor racked up $100K in bills and then died. Americans are spending a heck of a lot more money on other Americans who won't work, who live off the system than a small percentage of this country that's here illegally. Don't get me wrong, they should be here legally, but come on now, quit using them as scapegoats for the failures of the Republicans to fix immigration, W wanted to, the party said NO, Obama wants to but the GOP keeps sidetracking his agenda. Do you think that the AZ police would be asking every white or black person they stopped their immigration status? If you think so, then I have some really nice oil free property on the Louisiana coast. Also trublue, I don't have kids at home anymore and guess what? I pay $400 per year in school taxes. Why should I be paying taxes so that your kids can go to school here and graduate not knowing how to read and write properly? COME ON OBAMA, FIX IMMIGRATION, I am getting tired of all of these lies, distortions, thank God for CNN, they at least report the truth, mostly....

    July 28, 2010 at 2:04 pm | Report abuse |
  12. Courtney

    I am SOOO angry and frustrated right now. I am so sick of paying for services for non-contributing illegals, who expect US to speak and provide everything for them in Spanish. I do NOTwant to have to press 1 for English. I do NOT want to see emercy rooms closed because of the flood of illegals and their anchor babies. I do NOT want social services that are upposed to be for AMERICANS doled out to illegals and their huge horde of anchor babies. I do NOT want our scholls overflowing with ilegals and anchor babies.

    When is SOMEONE besides Jan Brewer and Arizona going to try to do something for the people that actually have a right to be in this count????

    At what point in time do the beleaguered American tax payers and LEGAL immigrants that patiently waited in line and came here the right way finally stand up and say 'This is ENOUGH! We have had and we are NOT going to take this anymore"

    July 28, 2010 at 2:05 pm | Report abuse |
  13. Another Voice

    AZ law was going to make Nazi Germany seem like a joke, glad it got stopped!!!

    July 28, 2010 at 2:05 pm | Report abuse |
  14. Hooridian

    History repeats itself, and will likely do it again. Countries around the world have had governments that sought to restrict the people in every way imagineable. In nearly every instance it resulted in a violent revolt. Join me in praying for our country, I fear blood in the streets before this is resolved. Many Americans will live free or die.

    July 28, 2010 at 2:05 pm | Report abuse |
    • tom

      So,.....Live free or die!..Hats American. That's what we had to do for over 225 yrs. That's what America does.

      July 28, 2010 at 2:30 pm | Report abuse |
  15. Pearlina

    These people are already here. Secure the borders. Allow the residents that are here, to pay a fine , get a resident card and continue living. Just put an end to anymore coming in illegally. Don't harass them and their families. Secure the borders!

    July 28, 2010 at 2:05 pm | Report abuse |
    • Vincente

      This isn't the 1920's! We're not trying to fill up space! We are over crowded as it is! We don't allow people in the country because we can barely afford the ones we have here! You want to give them a chacne to get free everything and make us pay even more money for them?!?!?!? I's sick of supporting the people who are two stupid to take care of themselves!!!

      July 28, 2010 at 2:11 pm | Report abuse |
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