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. Americaisdyingaslowpainfuldeath

    If their country is so bad, they should make it better. Instead they come here and make mine worse.

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

    Had Janet Napolitano done her job when she was Gov. of Arizona we wouldn't be commenting on this
    ....If our government did as much to protect the rights and liberties of American Citizens we wouldn't be commenting on this
    ....If the ACLU would keep out of the immigration issues and quit protecting the illegal aliens, while they break our countries laws, we wouldn't be commenting on this.
    ....If politicians were more concerned with those legal American Citizens that voted them into office and less about another vote we wouldn't be commenting on this. The government and it's blatant disregard for the citizens of Arizona and the rest of the country is criminal.

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

    Oh no! The Judge didn't rule the way I wanted. I think I will go on cnn and whine.

    Then tonight I am going to kick the dog, beat my kids, grab a beer, and turn on Glenn Beck.

    Because I'm a true Patriot. You betcha'.

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

      You are a #$%^&@ idiot.

      July 28, 2010 at 2:21 pm | Report abuse |
  4. Whatever

    Too funny that everyone is going crazy when all the judge did was say that a State's laws cannot override Federal laws (sounds like this judge upheld the Consitution)!!!!!! Why are there so many people upset??? LOL

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

      Because the judge said it is perfectly legal for people to come across the border illegally and illegally obtain a job without paperwork. So I don't have to provide my social security number to my employer and I don't have to pay taxes...I'm going to become an illegal so I can get all their benefits!!!!!!

      July 28, 2010 at 2:22 pm | Report abuse |
  5. Zach FL

    We need to inforce the law. I don't feel bad for the parents or children. The parents knew this could happen. They made there mind up they were going to come here and then had children here.. That is there problem.. children.. be mad at your parents for what they have done to you it is wrong. But we americans need to do as are parents did in the 60's.. protest ( in the millions) at the white house.. at the court house in AZ.. everywhere... and make then inforce the law.. in all 50 states.

    It makes me sick that people try to defend them... My dads family came from england... in the 1700s.. my moms family from spain cam here in the turn of the century.. And everyone worked hard to get here.. they should do the same.. Some of the people that were trying to get here never made it.. That is the way it is.. And I think once they deport someone.. it should be put on a record somewhere from there finger prints.. That they can never come back.. So the hole thing is.. if they go before they are deported.. then they can come back.....The write way

    Americans need to do something

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

    It is time for states like Arizona to take matters into their own hands and tell the idiots in DC what they can do with their injunction.

    July 28, 2010 at 2:20 pm | Report abuse |
  7. Oscar Leon

    i think this great and to all the people that dont like illegal immigrant, think about who makes your food at a restraunt, cleans your house, car, and takes care of your kids think about that when you want to get rid of us.

    July 28, 2010 at 2:20 pm | Report abuse |
    • DSolomon

      MAYBE WHEN YOU START PAYING YOUR FAIR SHARE WE'LL SEE HOW BADLY YOU WANT TO BE HERE

      ILLEGAL....AND ILLEGITIMATE

      July 28, 2010 at 2:27 pm | Report abuse |
  8. thetruth1028

    It is not a question of whether immigration reform is needed. Both Obama and the Democrats and the Republicans agree that reform is needed. The problem is that the Arizona law doesn't go about it the right way...There is too much potential for racial profiling. That is what the Judge ruled. If the situation was reversed and you were a minority how would you feel? For all you ranting about getting tough on illegals, The ruling has little to do with that... The concern is not so much that it violates the rights of illegals..but that it may lead to the racial profiling of US Citizens and that in itself in as un-American as it gets...if you can't see that than you need to stop listening to the talking heads...

    July 28, 2010 at 2:20 pm | Report abuse |
  9. The juice monster

    Barok Hussein Obama
    His Aunti Zeituni is a illegal immigrant,"
    He just wants to take care of his Aunti and Make her a citizen.
    The Associated Press reports that Ms Onyango is living in the United States illegally after an immigration judge rejected her request for asylum four years ago.
    DEPORT DEPORT DEPORT THEM ALL .
    I cant afford to take care them all JAIL Hospital Why do ya think all the STATES ARE BROKE they have drained us dry.
    We should be taken care of all of our Seniors citizen The great generation.

    July 28, 2010 at 2:20 pm | Report abuse |
    • Shelly

      I hate when ppl start saying illigals dont pay taxes and we dont do our share.
      Have you all forgotten that without us you "Americans" dont have clean homes, food to eat and fruit to buy?
      You wouldnt last a day in those feilds picking the fruit you all eat.
      And a little BTW there are a lot of businesses owned by immagrants and they by law have to pay the taxes that pay for welfare and city projects or their businesses get shut down.
      That "your" country is broke because of us? I don't think so, your country is broke thanks to all the U.S Citizens who take advantage of Welfare and Unemployment. Don't go blaming us.
      If you were to take away all the mexicans this country would go under. Thanks to Mexicans this county is barly getting buy. Don't even think of thanking all the lazy "Americans" Living off of unemployment and Welfare.

      July 28, 2010 at 2:48 pm | Report abuse |
  10. Realistic

    This is not the end of the story or the debate. SCOTUS will settle this once and for all but people will still complain either way if they don't get their way.

    July 28, 2010 at 2:20 pm | Report abuse |
  11. wilber

    "Opponents say the law will lead to racial profiling, which is illegal."
    It shouldn't be. It works.
    And I consider myself a democrat. So for those who claim that this is a pollitical thing... Your wrong.
    I'm a patriotic american that loves this country. I believe that we are all created equal and that no man is supirior. BUT... this has nothing to do with that. You all need to know that THIS IS ABOUT THE FINANCIAL BURDEN ILLEGALS PUT ON THE UNITED STATES and if you are an american that truely cares about this country you would support Arizona's law.

    July 28, 2010 at 2:20 pm | Report abuse |
    • Tom

      Well put Wilber.

      July 28, 2010 at 2:24 pm | Report abuse |
  12. Johnny

    Obey the law right wing wacos obey the law. Had enough of your B.S. Judge made the decesion obey it. If not get out of the state or go to jail......

    July 28, 2010 at 2:20 pm | Report abuse |
  13. hoofleau

    Arizona realizes it's own problems and should be allowed to pass their own legislation w/o federal intervention. The feds are only tieing Arizona's hands behind their backs and making them defenseless. In the next few years, drug trafficking and severed heads will be their trademarks just like Mexico. Long live the great state of Arizona and all Americans who live there!!

    July 28, 2010 at 2:20 pm | Report abuse |
  14. David B.

    What people do not understand is that it is illegal for a single state to impose this law. This is a federal job not AZ's. I am very glad that true justice is served.

    July 28, 2010 at 2:20 pm | Report abuse |
  15. MARTINA

    THE RIGHT WING NUTS AND RACISTS ARE ALIVE AND WELL. THEY DO NOT CARE WHAT IS
    RIGHT OR WRONG.........

    July 28, 2010 at 2:21 pm | Report abuse |
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