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. JTbassist

    I have just lost a lot of faith in our legal system. Appeal, appeal, appeal....
    This judge should lose her job but surely won't be fired by the current administration.
    Fend for yourselves folks. The government won't help out and won't allow the states to help themselves.
    Take care of you and yours.

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

    Now is the time to bring all the troops home from all over the world, democrcy is dead the US has just shown the world that our system is a joke and they shouldn't be preaching their lies around the world and why should the young die for something that doesn't exist no longer. The only thing that may save us for while is our rights to bear arm & our freedom of speech and the new world order is trying to take that away also, um just like Nazi Germany. Now we know Why the powers to be didn't demand the President to show his legal birth certificate before he took oath office since it is the law that to be president of these United States you have to born in this country, obviously we have been invade by forgein enities & he supports the whole movement.

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

    So basically they are saying it is perfectly legal for them to cross the border even though it is technically illegal. It is perfectly legal for them to work in our country even though it is technically illegal. It is perfectly legal for them to take our jobs even though it is technically illegal. It is perfectly legal for them to take our tax dollars for education and medical expenses even though it is technically illegal. I would imaging it would be perfectly legal to put a bullet in their heads as they cross the border even though it is technically illegal... I mean fair is fair right?

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

      You hit the nail on the head & that is exactly what is going to happen- One shot- one kill if you cross the Border illegally they will be dropped & we will have a fence of dead Illegals Don't matter the color of their skin or where they are from, red, yellow, black, brown, white- at sundown if your crossing illegally your dead. Statement of cold hard fact.

      July 28, 2010 at 2:25 pm | Report abuse |
  4. Rick McDaniel

    Basically, we are once again at the point of seriously considering secession from the US, because the US government no longer represents the people, nor does it fulfill its duties, with regard to stopping illegal immigration, nor with identifying and deporting those who have gained entry into the US illegally.

    Since the US had failed in its duties to its citizens, then those citizens have both the right and an obligation to consider seceding from the union, so that they may write and enforce laws that protect them.

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

      Please secede. You and all of your crazy right wing nuts. Your Jan Brewers and your Sarah Palins and that Angle lady and all of those right wing moronic senators...Sessions, Bainer....Jesus...please go. Pack it all tight in Texas and get the hell out of here

      July 28, 2010 at 2:32 pm | Report abuse |
  5. Giacomo

    Should the police pull you over, they have the right to ask anyone, not just Latino looking folks, for proof of citizenship. That is all they have to do to avoid racial profiling. ASK EVERYONE. Should you travel to another country, you carry your passport. Should you be questioned by authorities, you are asked to provide your passwort as evidence of citizenship to any country if you are not from the country being visited. Why is this any different?

    July 28, 2010 at 2:16 pm | Report abuse |
  6. cnn1bigjoke

    A Clinton appointed judge rules in favor of the Barry Hussein O. Administration. Shocker... Guaranteed this lady gets nominated for a promo next time an opening shows up.

    July 28, 2010 at 2:17 pm | Report abuse |
  7. Dale

    Well, Looks like there will be a few United States Citizens taking their Guns to the Border & shooting the Illegals as they set foot on Our soil, Government refuses to stop the Invasion, refuses to take care of the problem- They were warned.
    Illegals would be wise not to move from Arizona to other States but Leave the Country as quickly as they can – Open Season On Illegals has been declared.

    July 28, 2010 at 2:17 pm | Report abuse |
    • Dale

      Forgot to add- My wife of 44 years come here Legally from Germany- If she was alive today- She'd be cussing the Judge in High German- She Had her papers & was proud of it.

      July 28, 2010 at 2:19 pm | Report abuse |
    • Steve

      You are on crazy SOB. I hope you and those like you end up in prison where you belong. You don't represent my America. Moron.

      July 28, 2010 at 2:29 pm | Report abuse |
  8. Joe Blow

    Way to go Obama Admin – the only thing you can do well is send a group of damn liberal lawyers somewhere to promote your agenda through the courts, just like you did in the gulf when you're only solution to the oil spill was to send your worthless Attorney General down there to sue. I can't wait until election night in November. The term "taking our country back" has never been more appropriate. I find it funny that dems are always the ones throwing rodblocks up to illegal immigration enforcement and voter protection initiatives that require proofd of ID. Screw all of you,

    July 28, 2010 at 2:17 pm | Report abuse |
  9. Becky

    Well, we know whose payroll this judge is on, don't we. . . . . .

    July 28, 2010 at 2:17 pm | Report abuse |
  10. matt28

    I say succesion is going to have to be the answer. Seriously we have enough red states in the heart of America. All of New England, Cali, Washington, Oregon, and Illinois can all go to hell right were they have taken my country that I used to love. We could do it and I don't give a damn how radical it sounds, I want no part of this anymore and I am not alone.

    July 28, 2010 at 2:17 pm | Report abuse |
  11. karen

    We have somwhere between 11 and 20 million illegals here now. They just did not come here last week. We need to get them in the system, i.d them, let them start paying their fair share of taxes, (like they want to).. Finish building the fence,
    patrol the border, deport asap, and shut the darn border if we have to. Why is everything so difficult?

    July 28, 2010 at 2:18 pm | Report abuse |
  12. Walker

    this administration is dunzo. create some jobs, barry.

    July 28, 2010 at 2:18 pm | Report abuse |
  13. Tom

    Of course judge Bolton did this. She doesn't want to lose her job so she's kissing Obama's ass Enjoy it while you can liberals. It all changes in November.

    remembernovember dot com

    July 28, 2010 at 2:18 pm | Report abuse |
  14. BernHard

    I guess that means that if the law was implemented in North Dakota it would be racist against Canadians huh.

    July 28, 2010 at 2:18 pm | Report abuse |
  15. SCOTT ANDERSON

    THIS IS A SAD DAY FOR AMERICANS. THIS JUDGE OBVIOUSLY DOES NOT CARE ABOUT AMERICA OR AMERICANS. I THINK THE ONLY WAY WE WILL GET THESE ILLEGAL THIEVES OUT OF OUR COUNTRY IS TO TAKE THE MATTER INTO OUR OWN HANDS. YOU ALL KNOW WHAT I AM SAYING. ITS AMERICANS AGAINST A CORRUPT DEMOCRATIC GOVNMNT. SELLING US OUT. I WAS NOT RACIST BEFORE THIS BUT I AM SURE BECOMING CLOSER TO IT NOW. THESE MEXICANS ARE TELLING US TO DO THIS AND THAT FOR THEM IN "OUR" COUNTRY. WHAT DO YOU THINK THEY WOULD DO FOR US IF 20 MILLION OF US SNUCK INTO MEXICO AND SAID "HEY WE ARE PEOPLE TOO AND WE DESERVE TO BE TREATED RIGHT WHILE WE WORK AND LIVE AND TAKE WHAT WE NEED FROM YOUR COUNTRY.

    July 28, 2010 at 2:19 pm | Report abuse |
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