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. Mike Mazzla

    Listen folks.. I hate to break this to you but illegals wouldnt be here if we didnt hire them to do most of the tasks the rest of us dont want. So a better tactic would be to fine those who hire illegals... farms, lawn care, housekeepers. How much do you want to be that probably as many republicans are using illegal help in some way. And wait until you see what happens to food prices if illegals dont take those jobs.. through teh roof.. and you guys will be the first ones to complain.

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

    Grow up people – this bill will DO NOTHING to stop the issues at the border – it was a politcal move to improve Jan Brewer's poll numbers at the time. NEITHER SIDE of the aisle is willing to dicuss comprehensive immigration reform AND until that occurs, the problems will continue.

    July 28, 2010 at 2:14 pm | Report abuse |
  3. Sam

    Maybe this will bring attention to the issue and everyone will try to solve the problem, not just conservatives . We can solve for both sides relatively easily: firstly, legal immigration should be much easier for those who want to come to the U.S. It shouldn't cost a fortune and anyone who's not some sort of violent criminal should be allowed to apply. Two and Three come at the same time – two would be to make amnesty more easily applicable. There should be a fine, but again, not a fortune, because what person with any amount of money would illegally enter the U.S.? Then, finally, after a period of two or three months, anyone who hasn't registered for amnesty would have to pay a larger fine and go through the amnesty process, or pay a smaller one and be deported.
    With this, the conservatives are satisfied because there are no taxes that aren't getting paid, and legitimate Americans are getting jobs. All of the illegals paying fines for the processing fees would quell the conservatives against spending on new things. Liberals would be satisfied because anyone can be a legal immigrant, and not have to worry about persecution. Problem solved.

    July 28, 2010 at 2:14 pm | Report abuse |
  4. GoArizona

    Are we surprised that the Government is not listening to what a MAJORITY of Americans wants? Uhhhh, no!

    Another good reason to boycott Mexico, I hear they are targeting people with Arizona plates.........boy talk about biting the hand that feeds you!!!

    July 28, 2010 at 2:14 pm | Report abuse |
  5. Joshua

    This is bull ****. Arizona actually does something good for itself, and then it get shut down. Arizona should pull its self out of the union for this. Obama has no right to tell them what to do. This is only gonna cause more problems for the state and the countries. Now all the mexicans are gonna think they can get away with anything.

    July 28, 2010 at 2:14 pm | Report abuse |
  6. fishfry001

    So in other words, our immigration laws are to be completely ignored...

    Things are definitely going to change come this November and in 2012 and there will subsequently be some new and effective immigration laws on the books, and Amnesty STILL will never, ever happen.

    July 28, 2010 at 2:14 pm | Report abuse |
  7. gmccyclist

    It is interesting that if Sherrif Joe ignores the federal courts and rulings that he is in trouble. Yet Arizona would never have passed SB1070 if the feds hadn't ignored enforcement of federal immigration laws.

    July 28, 2010 at 2:14 pm | Report abuse |
  8. citizenUSA

    Let's change our name to, 'The United STATE of America". Then everyone would have to do the same thing, the same way, every second, of every day.

    July 28, 2010 at 2:14 pm | Report abuse |
  9. Riley



    July 28, 2010 at 2:15 pm | Report abuse |
  10. Christopher

    The abuses of illegal immigrants isn't just a problem in Arizona and all illegal immigrants aren't drug smugglers , nor did the problem just begin when the current POTUS was elected.(What did Bush do???)...oh yeah advocate for a 2.8 billion dollar fence that ain't solved the bigger problem! Arizona tried to push this square peg into it's round hole as an attempt to varnish what's being accomplished in Washington and to jump to the front of the line of broken things that need fixing. Anyone that thinks this law should be kept as is, is brainless, trigger happy, not to mention elitist and nationalistic, mother nature will one day remind us who our planet and nations belong to and it for sure ain't us!!!

    July 28, 2010 at 2:15 pm | Report abuse |
  11. toringolis

    coming from a family full of immigrants and me being born in the U.S. i would hate to have them go all back into the violence that was their neighborhood in mexico.... especially since I became a United States Marine i am their pride and joy.... I absolutely love my Marine Corps to death ... but i love my family as well.. if they leave through obligation then i would have no choice but to leave with them too.... just because of prejudice civilians that cant take seeing a little color in America... as far as i am concerned i am accepting of anyone and everyone.. that is why i am willing to put my life on the line for any one of yours...yes even the ones who show prejudice towards different races in this page

    July 28, 2010 at 2:15 pm | Report abuse |
    • DKJ

      Not everthing in this country is about color or race, it is about illegals & how the feds no longer do their jobs, now it can include the assault & insult to the legal & born citizens of the US. It is about protecting our borders. All I got say is I am thankful that I am dying anyway because I see what is coming in the country, its not pretty

      July 28, 2010 at 2:27 pm | Report abuse |
  12. Kevin

    First the Indians, then the Black, now the mexicans. It will never stop...

    July 28, 2010 at 2:15 pm | Report abuse |
  13. ArmyHispanic

    ARIZONA just wanna enforce law that been set by the federal government years ago. these laws are in system. THIS LAW IS NOT JUST FOR HISPANIC / LATINO IT ALSO INCLUDE AFRICAN, ASIAN, AND EUROPEAN ALSO......Dr. King,Jr. didn't fight for black he fought for all races. Univison, Telefutura, telemundo needs to stop miss informing my people.

    July 28, 2010 at 2:16 pm | Report abuse |
    • ArmyHispanic


      July 28, 2010 at 2:17 pm | Report abuse |
  14. sakibaba

    cool now I can visit the grand canyon without being asked for my "papers".......fyi I am a legal immigrant. Fix the immigration system and a lot of issues will be resolved.
    Can't pick and choose the laws we want to follow......Having gone through the byzantine immigration system which took me 10 years to get a green card I do not support the illegal immigrant saagaa but I can for sure understand it.

    July 28, 2010 at 2:16 pm | Report abuse |
  15. Giselle

    Why is it so hard for some people and the illegal immigrants to realize that if you want to live in this country you should become a citizen, learn English and pay taxes like the rest of us. I think Arizona is doing the right thing.
    I think the reason the current adminstration doesn't agree with what Arizona wants to do is because they want the votes in the next presidential election.

    July 28, 2010 at 2:16 pm | Report abuse |
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