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. jilly

    Illegal is illegal and it is time to let these border hoppers feel the effects of our immigration laws.
    Quite handling the illegals with kid gloves. Put on the boxing gloves and give them a good punch that lands them back in Mexico.

    I totally agree with this statement posted earlier, why are we the only country that allows all this BS all the time, more than half of AZ are most likley illegals, earning money not paying taxes and if they did they are not collecting disability or unemployment, we need to start putting a stop to all the ones coming here illegally, we sure can't stay in Mexico illegally. Sure hope Obama doesn't make it a second term can't even imagine what this country would turn into with another term.

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

    So if I read this correctly a Illegal is protected by the state from alleged racial profiling? Mexicans seem to be very proactive in our government maybe they should try that with their own government.

    July 28, 2010 at 2:12 pm | Report abuse |
  3. JayTopStix

    Just send them home, there is no way that incarceration is the solution. Illegals should be sent back no questions asked but profiling them for skin color is just darn wrong. They should not be employed at any place then they would go back to their countries. This fellow Joe is just white trash and plain racist.

    July 28, 2010 at 2:12 pm | Report abuse |
  4. Sam

    "On the recommendation of U.S. Senator Jon Kyl, Bolton was nominated to the United States District Court for the District of Arizona by President Bill Clinton on July 21, 2000 to a seat vacated by Robert Broomfield. Bolton was confirmed by the U.S. Senate on October 3, 2000 on the unanimous consent of the Senate and received commission on October 13, 2000. [2]"

    She was recommended by Jon Kyl so she must me a radical liberal right?

    July 28, 2010 at 2:12 pm | Report abuse |
  5. Bill

    I wonder if Judge Bolton is up for re-election??

    July 28, 2010 at 2:12 pm | Report abuse |
  6. TampaMan

    Once again the legal rights and wishes of a state's citizens have been usurped by Federal power. Does anyone now doubt that we have lost our voice in government? Illegals now have more rights than legal citizens and citizens will have to PAY for it.

    July 28, 2010 at 2:12 pm | Report abuse |
  7. enough

    I would love to start a class-action lawsuit against O'bummer and the rest of the federal government for not enforcing our laws. Also, I want the 12k it cost my wife to come here LEGALLY!!!!!!!

    July 28, 2010 at 2:12 pm | Report abuse |
  8. Mike

    Arizona law is a disgrace and I'm very pleased with the ruling.

    To all of you who threaten the polls....polls have already happened, and American voted Obama and Democrats in the office. This crazy notion of constant fear of voters is what is driving this country in the ditch. Politicians should do what they were elected by voters to do, and promised to do, not what they fear voters might do in the next elections.

    All you anti-immigrant hypocrites, when and if you get your government elected back again, tell them to try to put your immigrant laws in place. (Oh wait! You had a decade to do it and you did't!), until then, watch and weep.

    July 28, 2010 at 2:12 pm | Report abuse |
    • DSolomon


      July 28, 2010 at 2:25 pm | Report abuse |
    • Stacey

      One problem with your logic, these people are not immigrants. They are ILLEGAL. And they broke the law the minute they set foot in this country. I am not anti-immigration, my parents are immigrants for gods sake. What I am though is anti-illegal immigrant.

      July 28, 2010 at 3:26 pm | Report abuse |
  9. LW in AZ

    According to 99% of what you people have written, you just don't get it. All emotion, with little regard to facts. Very sad, but that's how 'news' travels.

    July 28, 2010 at 2:13 pm | Report abuse |
  10. Alton

    Sheeesh....so much extreme nit-picking between Repub and Demo these days that it turns ya off to both. I do think
    that bringing to public view amounts of $$$$ by corps and unions(and any body else) into the pockets of our salaried
    reps ought to be mandated by law. This verbal excuse that it disadvantages either political party is hogwash. My little grandson tore his crib down laughing at that one.

    July 28, 2010 at 2:13 pm | Report abuse |
  11. Deborah

    You need to ask yourself why the Hispanics are so up in arms about being stopped and checked for legal ID. Guilty? Don't want to be caught? The whole thing is a bunch of BS. Of course they are going to scream bloody murder!!! If they were all legal, they would be in support of catching the ones that are spoiling it for all the rest. Judge Bolton needs to get real. I think the law is right on. As a tax payer who is in an in-between income bracket – eligible for NOTHING, I'm sick and tired of putting out money I do not have to spare for people who do not have the respect to follow immigration policies if they want to get into this country. And if you lived in AR, you would know about how illegals drive the hourly wage down for citizens because they will work for nearly nothing. We should also be severely punishing the employers who hire illegals.

    July 28, 2010 at 2:13 pm | Report abuse |
  12. jamez

    whoever is here illegally throwing your diapers in the lake, throwing your trash out the window like the earth is a big trash can for you, those who hit and run to your so-called 'country' is weak.
    you illegals are part of the reason why the US is so messed up. and our great leaders cater to your crap. those of you who know you rip off the taxpayers and get away with it. you're here becuase the US is the best, but yet you crap on the plate you eat from. illegals go back over that fence and throw your diapers in your own lake. any comments? blow me.

    July 28, 2010 at 2:13 pm | Report abuse |
  13. Tiller In Texas

    This is about being over run by Non-Tax Patin Leaches.

    July 28, 2010 at 2:13 pm | Report abuse |
  14. Terry

    Yesterday on CNN their was a program about illegals, they wanted to go home but didn't have the money.If we can afford 5.5 BILLION DOLLARS a month in the war.Cant we afford to charter some buses and take these illegals home?

    July 28, 2010 at 2:14 pm | Report abuse |
  15. Woodsong

    Another HUGE MISTAKE by Obozo – buying off the Judge. What a surprise Obozo still REFUSES TO LISTEN TO THE AMERICAN PEOPLE!!!! Another nail in the Obozo coffin!!!!

    July 28, 2010 at 2:14 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