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. Ben

    Let's make a whole set of laws about who can immigrate and who can't, and then when people try to enforce those laws, let's throw it out using the court system! Oh wait, that's what we just did. It's Obama's way of killing preexisting laws he doesn't like, find a way to keep anyone from enforcing them. Have we ever had a more devious, less honest leader?

    July 28, 2010 at 1:46 pm | Report abuse |
    • Kathleen

      Amen! It's also one, somewhat covert way he's ensuring a particular, specific voting block.

      July 28, 2010 at 1:52 pm | Report abuse |
    • Rick

      yep, we've had several: george (aWol) bush and ronald (draftdodger) reagan to name but two

      July 28, 2010 at 1:57 pm | Report abuse |
    • Atticus

      Rick...your an idiot!! I would take Reagan and either Bush ANY day over our current arrogant inexperienced community organizer!

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

      Well, I put him on a par with Bush. . . . .both just as bad, although Bush was less polished about it. . . . .

      July 28, 2010 at 2:35 pm | Report abuse |
  2. mss

    "America in a handbasket". It's the Law. If you want to live here, you need to become a citizen and pay taxes like the rest of us. Learn the language. Then I don't care what color you are. This is not about color. This is about the United States and a democratic society. Like it or not, this is the country we've built and that requires its citizens to pay taxes to support its governing bodies and infrastructures. It's about money. Capitalism people, capitalism. This judge is a whimp and profiling and not evil. If you don't like then you obviously have something to hide.

    July 28, 2010 at 1:46 pm | Report abuse |
    • Rick

      everyone, regardless of citizenship, pays taxes in arizona: 6.6% sales tax (7.3% in maricopa county) plus another 1.5% to 3% in various cities. folks in guadalupe pay 10.3% sales tax. y'all who are saying' illegals don't pay taxes are either ignorant or lying. or both. probably both.

      July 28, 2010 at 1:55 pm | Report abuse |
    • mss

      Rick, what is wrong with becoming a US citizen and learning English? If you want to live in America, become an American. It's that simple. Illegal is illegal. A country has the right to defend itself and part of that defense is knowing who's living here. If you have nothing to hide then none of that should be an issue.

      July 28, 2010 at 2:06 pm | Report abuse |
    • groovygoober

      Yeah rick, they pay that tax because it's figured at the register when something is purchased, but you don't need to prove you are a citizen to buy things. The taxes they don't pay are income tax, social security, etc when they get paid under the table. To top that off, they then take that money, what little they don't spend and send it back across the border to help their wife and 10 kids. That's not an exaggeration. I personally know a mexican guy that would literally walk from mexico to my former neighbor's house every year and work for her. He would live in an old school bus that was dumped on the property. He had 10 kids and a wife in mexico and would send as much of his money as he could back to mexico. I told him many times to go to immigration and become a citizen, but he wouldn't do it. He said he'd then have to pay taxes so he'd make less money. He said if he moved his family here, it would be too expensive to live.

      Of course all of these discussions seem to be leaving out the drug cartel portion of things as well.

      July 28, 2010 at 4:33 pm | Report abuse |
  3. MartinSA

    Wow. AZ could still come back with a variation of this law if I read the brief correctly.

    July 28, 2010 at 1:47 pm | Report abuse |
  4. ri

    Being an AZ resident, I support Gov. Brewer's courageous steps to protect Arizona's residents while upholding existing law (no matter how the liberals spin it otherwise). What's happening in AZ today will come to a state near you soon enough given the porous nature of our borders, and then we'll see how descriminatory it is. Nothing good will come of such unless & until the Federal Gov't gets their eyes off power & profit and back on serving it's people and securing OUR homeland.

    July 28, 2010 at 1:47 pm | Report abuse |
    • groovygoober

      See, that's part of the problem, when the government members get paid more than the majority of the people, and carry the "clout" they do as 40 year members of the gold old boy congress club, they don't feel the need to serve the lesser paid underlings.

      July 28, 2010 at 4:39 pm | Report abuse |
  5. Rick

    Bravo for Judge Bolton!

    July 28, 2010 at 1:47 pm | Report abuse |
    • sweet_genius

      She is guilty of Treason!

      July 28, 2010 at 2:11 pm | Report abuse |
  6. John

    None of these rulings from the lowers courts will matter. No matter which side wins or loses, this case is going all the way to the Supreme Court because the losing side will appeal. All this stuff in the interim is just static.

    July 28, 2010 at 1:47 pm | Report abuse |
    • BossMan114

      Boy Howdy. The game has just begun. The good part is many part of the law are going into effect. It's enough to get the illegals to leave the state. And this is a good thing.

      July 28, 2010 at 2:29 pm | Report abuse |
  7. snickers

    nooooooooooo! please don't worry about being politically correct when our nation is DESPERATE to GET ILLEGALS OUT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    July 28, 2010 at 1:47 pm | Report abuse |
  8. tom watson

    the flood gates are now open with news that its ok to be an illegal here in the usa, the illegals will start coming over the border like crazy now because they sense that amnesty is coming and they want to be here when it takes place, what a mistake this country is making by not enforcing its laws allready on the books, unbelievable...shame on you feds! what a joke this country has become,,,,United states of Mexico (formerly know as the united states of america)

    July 28, 2010 at 1:47 pm | Report abuse |
    • Kelly

      They can have amnesty; Over my Dead Body.

      We did that once and were promised never again would we be asked to do this.

      July 28, 2010 at 2:04 pm | Report abuse |
    • sweet_genius

      Not if they are shot as they cross into the US. Militia anyone?

      July 28, 2010 at 2:12 pm | Report abuse |
    • mytoys666

      hey Kelly I would be happy to take you up on your offer. just say when

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

    One more reason to do everything possible to get Obama and the Dems out of office in the next election!

    July 28, 2010 at 1:48 pm | Report abuse |
    • Lisa/FL

      Probably will be to late if your American u may wanna start looking for another homeland.

      July 28, 2010 at 1:52 pm | Report abuse |
    • DSolomon

      AMEN

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

    Most judges are cowards. It looks bad on their CVs if their rulings get overturned, so the smart thing is just to pass the buck to someone else to rule on. Comfortable public sector jobs with full benefits are hard to come by and shouldn't be risked for the sake of a mere judicial ruling.

    July 28, 2010 at 1:48 pm | Report abuse |
  11. Boingo

    What did your expect? Bolton was nominated to the bench by Clinton.

    Got the call from Obama, eh, Susie?

    July 28, 2010 at 1:48 pm | Report abuse |
  12. Harii

    If the federal government refuses to do its job the people will do it for them long live the Republic!

    July 28, 2010 at 1:48 pm | Report abuse |
  13. Victory is ours

    La Raza is now in charge...and you all know it. Today we proved our power to everyone.

    July 28, 2010 at 1:48 pm | Report abuse |
    • freedom fighter 1

      Go back to the wasteland you came from..you nasty maggot...

      July 28, 2010 at 1:57 pm | Report abuse |
    • Kelly

      Tell me what part of where you come from is so grand. From what I see you just want to overbreed and spread your hate around the world. If your countries were so great, why come to the US?

      July 28, 2010 at 2:06 pm | Report abuse |
    • sweet_genius

      You will lose. This has been tried before and we beat you down.
      Los Tejano Diablo

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

    The article stated that PARTS of it were blocked, not all. I am still not clear on what was and was not blocked. Let's get our facts straight first!

    July 28, 2010 at 1:48 pm | Report abuse |
    • Lisa/FL

      Lois,
      The main parts were blocked , police checking immigration status, mandate to carry papers

      July 28, 2010 at 1:59 pm | Report abuse |
  15. Me

    You are either very stupid or very ignorant if you want to see Arizona get away with such an anti-American stance. It's not about the illegal immigrants, it's about the legal citizens who will be harassed because they look different... either we all have to carry papers, or no one carries papers... For you people who are making this a left vs. right thing WAKE UP and get a clue!!!!

    July 28, 2010 at 1:48 pm | Report abuse |
    • snickers

      no it's not!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! we need to draw the line with illegals, that's it, don't read any further into it!!!!!!!!!!!!!!!!!!!!!

      July 28, 2010 at 1:49 pm | Report abuse |
    • Me

      Holy cow... can you not read? I am not defending illegals, I'm defending legal citizens who may appear to be foreign... Also, pretty funny how there would be no profiling yet every single post here mentions Mexico and/or Mexican citizens... but no profiling right? Are people really that ignorant?

      July 28, 2010 at 2:02 pm | Report abuse |
    • Enigmatic1

      Since when is it Anti-American to want to protect your country? What is it that our consitution says??? That Americans will defend themselves from ALL ENIMES, FORIEGN OR DOMESTIC. I guess we need to include LA RAZA in the list so that the Judicial branch does not get confused again.

      July 28, 2010 at 2:05 pm | Report abuse |
    • Brent

      Legal citizens who appear to be foreign as you say can sail through the provisions of SB 1070 by producing a valid driver's license (or State issued ID card) when they are stopped or detained in the course of police contact. Kind of like when you want to buy beer.

      July 28, 2010 at 2:30 pm | Report abuse |
    • C

      Thank you, Me, someone with some sense! This problem with this law is that it affects LEGAL citizens' rights.

      July 28, 2010 at 2:51 pm | Report abuse |
    • groovygoober

      Let me guess me, you think that mexico isn't really located south of the border and you think all the mexicans in the southern states are a government conspiracy, right? Man, you are seriously in need of an E ticket ride on the clue bus...

      Wouldn't you worry more if the south were over run by illegal italians, or swedes, or belgians?

      July 28, 2010 at 4:46 pm | Report abuse |
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