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. MADASHELL

    This really makes me mad !!! Heck I can not even type no more, this country has some serious issues

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

    Guess what America, OUR judges have just made it legal to be illegal, and the rest of us are going to get screwed!!!

    July 28, 2010 at 2:23 pm | Report abuse |
  3. mae el

    whats the big deal about this law? im an immigrant myself but im 100% for this immigration law. its about time. i dont think its racial profiling. if you're legal...you have nothing to hide. i bring my greencard all the time. i'm a law abiding resident of this country.

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

    BRILLIANT!!! arizona passes controversial immigration law............................ federal judge blocks the most controversial parts of it........................ arizona defies judges ruling................... federal government grows a set and sends thousands of troops to 'zona to quell the uprising........................... 4 million illegals caught in the crossfire!!!

    BRILLIANT!!!!

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

    Where were all the tweets and uproar just a few decades back when you had "for whites only" signs posted all over US? If I recall, US was the land of the free then too, you had the same 90+ yrs old Supreme court judges then too! So maybe the law itsefl was different then? Oh... by the way, just 'cause yo daddy came here from the "same boat" or "trench" 50, 100 or 200 years prior to these guys... u aint all that different ! Struggle of life continues...be good, do good and stay good. peace.

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

    anyone who has ever voted for a republican or democrat is directly responsible for the destruction of the country and is now getting what they deserve

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

    Folks today we have witnessed the total end of what our country used to be! The illegals now have been granted a free pass into this nation, into the job market and social services! The flood of new illegals will now happen! Democrats won this lawsuit brought on by Obama. Now, illegals can drive without a license or insurance at there is nothing the law can do to them. They can attend schools without fear of discovery! Like I said they now have more rights than you. Sad day for America and a good day for illegals, LaRaza, SEIU, ALFCIO, Democrats and Obama!
    Please remember that this judge was appointed by a democrat! Remember in November! Support AZ in their hour of need. This proved that our laws will never be enforced and will encourage millions more to come and take!

    July 28, 2010 at 2:23 pm | Report abuse |
  8. damn yank

    looks like arizona's new law targetting illegals is now illegal in itself....but i guess illegality is in the eye of the beholder

    i think all those who came up with the law should be thrown in jail....or deported

    July 28, 2010 at 2:24 pm | Report abuse |
    • Jose

      Damn yank – Great idea but who would take them LOL

      July 28, 2010 at 2:27 pm | Report abuse |
  9. LKS Dallas

    So, now the government can pardon them and add to the Democratic voting population! A Democratic judge appointed by Clinton.. is anyone surprised of this outcome ?

    July 28, 2010 at 2:24 pm | Report abuse |
  10. reallylaidback

    U.S. District Judge Susan Bolton she probably was appointed to the courts by obama and is married to Illegal , if the goverment would do there job right , then Arizona would not have to come up with there on law , wake up washinton

    July 28, 2010 at 2:24 pm | Report abuse |
  11. Jose

    Thank you Judge Bolton, you are a true American Hero!

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

    It is so disturbing that there are so many openly racist people who can not tolerate those who are different from them. Rudeness and anger rule the day Instead of welcoming strangers with hospitality and friendliness. Focus on violent crime rather than families wanted to start anew in our great land. God bless those who face the odds at a future and are willing to frontier the challenges. That's what being American IS all about.

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

      So . . . explain to me what is racist about asking a group of people to follow a law? What is racist about expecting them to help themselves (not get paid under the table and report employer abuses)? What is racist about saying to descendants of people who have fought physically and mentally for the protections the laws of this country provide that they do not have to overlook a set of people whose very actions show how blatantly they disregard those people's sacrifices? And if they really wanted to better themselves and their situation they wouldn't be allowing themselves to be exploited like they were back home. The answer . . . they don't really want to better themselves. They want what they can get out of the system because they believe they are owed it . . . for what reason, no one has really said. But they believe they are owed. And when times were good, that was fine. We could afford a few people who worked under the table if that was what they wanted, but now that times are lean and not looking better any time soon, it is time the employers are forced to follow the rules. But we can't do that until we can eliminate this group of idiots that thinks it's okay to sacrifice everyone else's well-being for sake of their own immediate gratification.

      July 28, 2010 at 2:58 pm | Report abuse |
  13. Johnny

    Right wing wacos are at it again. Obey the law wingnuts. Judge made the decision. Live with it. If not leave and don't slam the door on the way out. Tired of your B.S....

    July 28, 2010 at 2:25 pm | Report abuse |
  14. jason

    to me it is a sad day for america illegal immigrants can just walk thru our borders drug dealers terrorists and such just watch people the true americans in our country will make arizoina a war zone there are even hispanics who want this law to take effect and the people of america need to take this country back from all these greedy neroistic politicians its for the people by the people those who are and want to be legal citizens and not come here and spit on our flag and disgrace our country

    July 28, 2010 at 2:25 pm | Report abuse |
  15. Dave

    So does this mean ANY person can not tell the officers they refuse to give them their names or any proper ID,and not be subject to arrest?? Nope only applies to the illegals...who are beginning to have more rights than actual citizens! Well I think any business who does not use E-Verify,regardless of whom they are should lose all tax incentives for not doing so. And renters should be barred from renting to ANYONE who does not show LEGAL ID.. It called E-VErify people USE IT or forget getting my business!

    July 28, 2010 at 2:25 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