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. Worried For The Children

    IF THE UNITED STATES DOES NOT GET SERIOUS ABOUT PROTECTING ITS BORDERS, IT WILL CEASE TO EXIST AS WE KNOW WITHIN OUR OWN CHILDREN'S LIFETIMES. Striking down the provision that makes it ILLEGAL FOR AN ILLEGAL ALIEN TO SEEK WORK, ILLEGALLY, JUDGE BOLTON???? I suspect she's been paid off somehow by those who want big blocks of easy votes and cheap exploitable labor. I gave her a chance; she fumbled it. Judge Bolton should be removed from the bench.

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

    I wish all states would do it

    July 28, 2010 at 2:07 pm | Report abuse |
  3. ChuckerB

    So, I can speed in Arizona, get pulled over – claim to be illegal and don't have to present my id – yes!! Send the ticket to El Presidente de la Democracia !!

    July 28, 2010 at 2:07 pm | Report abuse |
    • starzzguitar

      Exactly right! Now I can disobey any damn law I want! Let's all be illegal aliens! Let's pick and choose which law we want to follow. Sue Obama and the Feds for not enforcing the laws they were elected to uphold.

      July 28, 2010 at 3:04 pm | Report abuse |
  4. TomN

    My give up! People here can't read. they think this is over but has just begun. The judge put parts of the Bill on hold to give her more time to deliberate the issues.

    July 28, 2010 at 2:07 pm | Report abuse |
  5. jnkdev

    Watch the polls now!

    July 28, 2010 at 2:08 pm | Report abuse |
  6. Naj

    People come to the US in search of a better life than they have in their countries,We only have illegal immigrants because there are people that hire them. So, why not stop the problem from the source? If nobody hires illegal immigrants, they won't come.

    July 28, 2010 at 2:08 pm | Report abuse |
  7. BeckFastPaws

    So a federal judge is ordering law enforcement personnel not to enforce the laws? Is there anyone left in this country who still doubts that our justice system is bought and paid for.

    July 28, 2010 at 2:08 pm | Report abuse |
  8. Tina A

    Heaven forbid should the cops actually catch someone who is here illegally. Let's not violate their rights. They might actually have to leave the job, country, home that they're not legally supposed to have. OH NO

    July 28, 2010 at 2:08 pm | Report abuse |
  9. wilber

    If people are only worried about it causing racial profiling then why don't the police have something like check points. Want to get into the baseball stadium? EVERYONE'S citzenship will be questioned before getting in. There has to be ways that will allow police to question everyones citizenship! How about roadblock check points like they do to catch drunk drivers. They can question EVERYONE, YES EVEN THE WHITE PEOPLE! This would me there would be 0 ratial profiling.

    July 28, 2010 at 2:08 pm | Report abuse |
  10. bea

    all states should follow the lead and send them back over the border

    July 28, 2010 at 2:08 pm | Report abuse |
  11. dejesus

    For the people who are for this law u must be really dumb if not stupid, these people come here to work the jobs that lazy whites and other races do not want to do. who else is going to work in the fields? i would love to see who is going to take over these jobs after all immigrants leave. let's get real if you work here u pay taxes who doesn't? its really sad how this all came to be, they come here to work yeah there are some that break the law and that is not right, but give credit to the ones that are here and work hard labor jobs that no one seems to want.

    July 28, 2010 at 2:08 pm | Report abuse |
  12. mike vignapiano

    Is everybody going nuts or just afraid to do what is right?
    I do not understand how any law can protect ILLEGAL ALIENS!!!
    Isn't the key word here ILLEGAL????

    July 28, 2010 at 2:09 pm | Report abuse |
  13. ArmyHispanic

    GIVE THE SD 1070 A CHANCE. ITS NOT ABOUT ALL HISPANIC / LATINO IMMIGRANTS, THEIR IMMIGRANTS FROM EUROPEAN, ASIAN, AFRICAN, ALSO HERE. EITHER THE HISPANIC / LATINO FIGHT AS ONE WITH ASIAN, EUROPEAN, AND AFRICAN BY OUR SIDE OR NOT AT ALL........... I live in Prince William County in Virginia. The immigration Law was pass in the couple years ago honestly hurt the economy here for a while but now we are having a great increasing in the Washington D.C. area. Our housing market went up and better then before. Crime rate has decline a lot (sadly to say that cause it point finger to my own people that crime when down when they left the county) Lets give the SD 1070 a chance to see how big of impact it will have. If the Feds don't want to do part to secured our borders then let the states handle it. these law that are old and been in our federal law for years. Why can't the police enforce it. it will help and save the Feds money and time. I'm a Hispanic, Not Latino living in Prince William County for over 20 years, my parents came here illegal but the respected the law which today immigrants don't do like they did in the 1980's. Now my parent are citizens.

    July 28, 2010 at 2:09 pm | Report abuse |
  14. Gregg

    I am so sick of having to be politically correct. Living in New York City for most of my life , I have seen first hand our quality of life that includes ,American personality, friendliness,english language etc gone. Believe it or not, there was a time when you took a taxi in NYC and the driver spoke english,knew where he was going and was friendly – even joked with you ! When most of our grandparents came here it was for a new life – now they are here only for the money ! It truely is sad we have lost American Personality ! G – NYC

    July 28, 2010 at 2:09 pm | Report abuse |
  15. MJ

    The President and Government of Mexico need to call back the illegal immigrants. They do not belong here and have no right to be here. They are here illegally. What part of this statement don't you understand?

    July 28, 2010 at 2:09 pm | Report abuse |
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