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. baz987

    Want some interestingreading? Visit the GAO website. Google "d09381t.pdf. This is a report from the GAO on section 287 of immigration and naturalization act. Part of this says that ther are at least 29 MOA's with sate and locaL agencies. It also states that stae and local officials, with permission of ICE. Part of the rpeort states "some participating agencies are using their 287(g) authority to process for removal aliens who have committed minor offenses, such as
    speeding, carrying an open container of alcohol, and urinating in public. None of these crimes fall into the category of serious criminal activity that ICE officials described to us as the type of crime the 287(g) program is expected to pursue. While participating agencies arenot prohibited from seeking the assistance of ICE for aliens arrested
    for minor offenses, if all the participating agencies sought assistance toremove aliens for such minor offenses, ICE would not have detention space to hold them all". So there are some state and local agencies, with permission of ICE, doing a lot of things that wa sin the Arizona law. This report was made in March 2009.

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

    As someone who doesn't care even a tony bit which way this Arizona law is gonna go, its still SO MUCH fun!

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

    Three cheers for the Judge. I personally would have struck it down entirely and then fined AZ for wasting our good time on this childish nonsense.

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

    ALL ILLEGAL IMMIGRANTS WELCOMED IN CALIFORNIA!!!!

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

    Putting this up again!!!! Obama has made a HUGE MISTAKE AGAIN!!! Bought off the judge. REFUSES TO LISTEN TO THE AMERICAN PEOPLE. Will someone please start the impeachment process!!!! November 2010 with be a time to Remember fondly.

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

    Well, say hello to Obama's 30% approval ratings and 20-30 more Republican Congressmen/Senators come November.

    July 28, 2010 at 2:22 pm | Report abuse |
  7. hoofleau

    Arizona realizes it's own problems and should be allowed to pass their own legislation w/o federal intervention. The feds are only tying 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 2:22 pm | Report abuse |
    • John From SC

      Ariziona is in the best position to know what is best for Arizona. Most people who are complaining about these things live in a bankrupt state (gee do mexican pay taxes in California?)

      July 28, 2010 at 2:38 pm | Report abuse |
  8. MareinWill

    Most of you dummies don't even understand the law or the merits of either side of the case. AZ knew this law would be blocked...it's not the first time a state has tried this, and it was ruled against by the Supreme Court...settled law. It was merely a political stunt to get some right wing nut bags angry at illegas. And then you bleeding heart socialist liberals fell for it and started throwing the race card. We independents decide the winner of most elections, and the presidency for sure. Allowing some political party, television network, or radio talk show host to tell you how to think makes you a fool. Learn to think for yourselves!

    July 28, 2010 at 2:22 pm | Report abuse |
    • John From SC

      More importantly all the Mexicans left the state and moved somewhere else. Seems like a good stunt to me. Get them to leave on their own accord since our weak federal goverment can't deal with the issue.

      July 28, 2010 at 2:40 pm | Report abuse |
  9. diane

    we must be the laughing stock of the world that our judges, lawyers and government are so willing to break a law already in existence and let these illegals suck our states dry. Batten down the hatches.... here comes five million more of them right now....... Obuffoon is really going to ruin this country before his tenure is over.

    July 28, 2010 at 2:22 pm | Report abuse |
  10. Eldridge Simpson

    it's official Barak; you just lost my vote

    July 28, 2010 at 2:22 pm | Report abuse |
  11. LLS

    I want to know what law I get to break since its now ok to be here illegally. which means they are working illegally getting wellfare and other benifits illegally. The law is the law. If they want to be an American then do it the right way and follow the law like the rest of us have to do and fly the American flag not the mexico flag. I have to show my papers when I get pulled over. Why are they so special! If they don't like there country then they need to do something about it.

    July 28, 2010 at 2:22 pm | Report abuse |
  12. Tom

    Arizona chose to enforce federal law because the federal government doesn't. Arizona should secede from the union. BTW, all polls show that a majority of Americans support what Arizona is doing, so if you are against it, deal with it because you are in a minority here. Any boycott all you want. It seems more people than ever are interested in visiting the state with balls.

    July 28, 2010 at 2:23 pm | Report abuse |
  13. L

    I say put it to an American vote. They will find that the law will stand! Illegal Aliens should not be given the right to not follow the law. I say let the American Voters decide if they want to pay the medical bills, educational bills and so on for the people who have are not legal.

    July 28, 2010 at 2:23 pm | Report abuse |
  14. Joe_Citizen

    Guess I better learn how to speak WET-BACK MEXICAN. !

    July 28, 2010 at 2:23 pm | Report abuse |
  15. Bethany Mobbs

    Uhm, look out Minnesotans who look Canadien... you might be next?! Shame on you Arizona.

    July 28, 2010 at 2:23 pm | Report abuse |
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