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.

Post by:
Filed under: Arizona • Immigration
soundoff (827 Responses)
  1. James

    Why do the people of Arizona think that this is a problem that enforcement can solve? Oh – I know – because people thought enforcement could solve drug abuse, alcohol abuse, vice crimes, etc. It's a feel good solution that costs nothing – but guess what? It also accomplishes nothing – except to create anxiety and frustration for an entire segment of the legal population. For THAT reason – it is proper that this be overturned.

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

    The headline should read "Judge Rules Feds MUST Determine Immigration Status of Prisoners". Anyway,The Spaniards have been trying to take Apacheria and turn it into a Mexican-style hellhole for 450 years. lol

    July 28, 2010 at 2:05 pm | Report abuse |
  3. Libertyman

    Victory!!! The only way that this law can go into effect is if police have to question EVERYONE at any sort of contact. Hey ALL arizonians, better get a fanny pack to carry your papers around. Freedommmm! We will not comply!

    July 28, 2010 at 2:05 pm | Report abuse |
  4. CGB

    Bye Bye. I'm sure you'll find the hateful side of life more to your liking.

    Why aren't folks like you mad as hell at the employers who hire the illiegals? Duh???

    Gee, could it be because the employers are white repubs? Just asking.

    July 28, 2010 at 2:05 pm | Report abuse |
  5. freelow

    finally a judge with common sense. Immigration is a federal issue, not a states issue. END OF DECUSSION. Do we really want 50 different immigration laws? Come on people, we need to do something about immigration but giving every state the right to start making up laws on immigration will further hinder the feds.

    July 28, 2010 at 2:06 pm | Report abuse |
    • DSolomon


      July 28, 2010 at 2:32 pm | Report abuse |
  6. USA4ever

    First, I'm sick and tired of everyone blaming Obama for inheriting a problem that was a problem during the eight unholy years of the Bush adminstration. And even a problem during the Reagan adminstration. Don't remember anyone calling Bush, Reagan, Republicans the anti-Christ.

    Second, illegal is not a race. So if I go out and rob a bank and I get caught. I should get off because I can scream "RACISM" as opposed to it being illegal? C'mon now!

    Third, if you really want illegals to be here then YOU should pay for their expenses. There should be a little box on the W-2's that state if you're interested in the "better life" for illegals then check here. So when your taxes are taxed beyond all comprehension then perhaps you'll understand the friggin frustration of those that don't want illegals running amuck.

    Lastly, why are only the Mexicans protesting? Why is no other race of illegal immigrants joining in the protests? Why? Perhaps, the Latinos are making it about race. If you have all this damn energy to protest, then perhaps you should yell loudly at Presiden Calderon. Tell him stop putting all the drug money in his pockets and spread the wealth. There are schools, hospitals, homes, business in Mexico. Protest to your goverment and have them give you what you deserve in YOUR country.

    What if all the Blacks, Whites, Asians went to Mexico and demanded what Mexicans are demanding in America? The Mexicans would be the first to pitch a fit and say it's not fair to give to foreign born individuals a "free ride" and not to their own citizens. But they think it's okay if they do it. HYPOCRITES!

    July 28, 2010 at 2:06 pm | Report abuse |
    • US Citizen

      You make some good points, but I too blame all presidents who do not have balls to step up and take ownership to shutting our borders off. He too is to blame. As for all other races going to Mexico it wouldn't work because they are not as easy on foriegners like we are. We would be thrown right into jail without a word. Unlike here in this US country where illegal immigrants can sew us for anything and they still get rights and openly admit they are illegal and do they do anything? No they don't because our government does not want to.

      July 28, 2010 at 2:11 pm | Report abuse |
    • USA4ever

      @ US Citizen: Amen, my fellow American. AMEN!

      July 28, 2010 at 2:24 pm | Report abuse |
    • Stacey

      Finally!!!!! Two people with common sense!

      July 28, 2010 at 4:00 pm | Report abuse |
  7. US Citizen

    This verdict just shows that the Government can not protect us from invading foriegn bodies because they make money off of them. While big corporate companies pay off officials to look the other way while they hire illegal immigrants under the table and they save money on benefits. Our government is corrupt and it does nothing to protect the American people who lawfully work in this so called country of freedom. Down with the government and it's corrupt politicians and president.

    July 28, 2010 at 2:06 pm | Report abuse |
  8. Vincente

    I hate our country more and more each day. The federal government is too powerful and this is the basis for what is wrong with this country. A state should be able enact laws voted in BY THE PEOPLE!!!! We are all forgetting that it was the people of Arizona who voted this in! TAX PAYERS!!! What the &$^# are we paying taxes for if we can't vote in laws we want!!! This is ridiculous!

    July 28, 2010 at 2:06 pm | Report abuse |
    • US Citizen

      Amen brother!

      July 28, 2010 at 2:12 pm | Report abuse |
  9. Tom

    The democrats are doomed come November. How can any person in their right mind vote for a candidate who is more concerned with the rights and protection of illegal immigrants instead of legal citizens. I can't wait for this political blood bath to come to fruition.

    July 28, 2010 at 2:06 pm | Report abuse |
  10. watash60

    We need to deport these LIBERAL judges come Nov.

    July 28, 2010 at 2:06 pm | Report abuse |
  11. JAY

    Here's the question for all the folks who disagree w/ SB1070:
    What alternative do you offer?
    Because there's no question that those in the country illegally need to be caught and returned to their home country, right? Right?...

    July 28, 2010 at 2:06 pm | Report abuse |
  12. RickyH

    So much anger & hate in many comments. Get a grip and show a little humanity towards others. This isn't a game, a lot of good hard working peoples lives are being uprooted. We should be helping not hurting.

    July 28, 2010 at 2:06 pm | Report abuse |
    • Worried For The Children

      Yes, RickyH, we SHOULD be helping, not hurting. We should be helping the 2 BILLION people on this planet currently living on less than $2 a day create prosperous economies IN THEIR NATIVE LANDS, as my anti-hunger organizations have been doing for 30 years. Unless, Mr. RickyH you would like ALL 2 BILLION of these decent, hard-working people to MOVE INTO YOUR STATE? I SHARE YOUR DISGUST WITH VENOMOUS REMARKS that de-humanize these individuals. They are all persons, human beings, our global brothers and sisters who deserve our compassion and active assistance as they strive to build better lives IN THEIR OWN COUNTRIES. Peace & Love. Thank you.

      July 28, 2010 at 2:14 pm | Report abuse |
    • starzzguitar

      YOU can help these illegals if you want, you can start a safe house if you want, but if we AMERICANS have to follow every stupid law there is, how is it that people who jumped the border don't have to follow the law? The United States is now a third world country because of fools like you.

      July 28, 2010 at 2:14 pm | Report abuse |
    • DSolomon


      July 28, 2010 at 2:29 pm | Report abuse |
  13. John

    God bless the Judge!!!! This country is so messy with these f.... republicans!!!!!!

    July 28, 2010 at 2:06 pm | Report abuse |
  14. Nathan

    Numerous groups are officially boycotting Arizona over their misguided law and I for one think they are on the right track. I will not step foot in Arizona or buy anything produced in the state until they come to their senses.

    July 28, 2010 at 2:07 pm | Report abuse |
  15. Sterling

    Oh Chris, READ the federal law, it's harsher than the state law of AZ. If they want to play that then by all means, follow the Federal Law.

    July 28, 2010 at 2:07 pm | Report abuse |
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27