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

    Google "d09381t.pdf". This is a report generated by GAO in march 2009. It basically says that 29 local and state agencies had signed on with ICE to do a lot of things that the Arizona law wanted to do. Need to read this and then be amazed of how a judge dis-allows Arizona to do what some agencies are already doing.

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

    "mytoys666
    I am a democrat and I am for anything that hurts republicans, so as far as I am concerned Obama is doing exactly what I want him to do, which is to cause you harm. I ask for no quarter and will certainly give you none and by the way I do take full advantage of the 2nd amendment. So bring it"

    ANY TIME MF!

    July 28, 2010 at 2:26 pm | Report abuse |
  3. Jim

    So, what they are telling us, illegal’s have more rights than us legal’s. My family came to America many, many years ago, and they did it the right way. It was not difficult. They were not bothered. And the same system is still in place. If these people want to be here, then do it the right way, or get the heck out of this country. Illegal is illegal is illegal, period... If you want to be here, do it the right way. The system America has is what makes America great. If you want to support the illegal’s, take them into your house and feed them and pay for their medical, schooling, clothing and everything else. Get them off the system and make them pay taxes. You might be surprised at how much money is being lost/spent on illegal’s.
    Sorry to Arizona and the rest of us legal’s for the SLAP in the face we just received from the Federal Government. I guess because we do speak English and pay taxes that we are nothing but second class citizens……

    July 28, 2010 at 2:26 pm | Report abuse |
    • Jose

      Wrong teabag breath, you are a 4th class citizen – but if it's any consolation you are a 1st class Bigot!

      July 28, 2010 at 2:30 pm | Report abuse |
  4. CNN=crud not news

    Dang federal govmunt overstepping their boundaries. Each state has a right to discriminate in their own way dangit!!!

    Well, don't matter. If I see one of them there illegal immugrents I'm gonna shut em just like I shut dem varmints!

    July 28, 2010 at 2:26 pm | Report abuse |
    • GOTTHUMBS

      STUPID PEOPLE SHOULD NOT BREED!!!!! PLEASE IGNORE THE ABOVE STATEMENT. IT WAS MADE BY AN IGNORANT INBRED. IT DOES NOT SPEAK FOR ME OR PROVIDE AN INTELLIGENT WAY TO ADDRESS ILLEGAL IMMIGRANTS.

      July 28, 2010 at 2:52 pm | Report abuse |
  5. Desu Desus

    DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU DESU

    July 28, 2010 at 2:27 pm | Report abuse |
  6. Steve

    Thank God the courts stepped in. Arizona is nuts. I know, I live here. Brewer is a whack job. How can some one so stupid make it to high public office. I would say only in Arizona, but that would be incorrect...Alaska, Texas, Nebraska, Utah, ......the list goes on...thank God for some sanity from the courts.

    July 28, 2010 at 2:27 pm | Report abuse |
    • Bart

      I ask myself that everyday when I wonder how obama the community organizing Chicago thug was elected.

      July 28, 2010 at 2:31 pm | Report abuse |
    • DSolomon

      IDIOT

      July 28, 2010 at 2:38 pm | Report abuse |
    • GOTTHUMBS

      So far you've contributed zero to combating illegal immigration. What about your thoughts on illegal immigration. Do you want to just open the gates and let everyone walk back and forth freely. There is a problem and it has to be addressed in some way.....how do you propose dealing with it....or do you have no idea. S F B

      July 28, 2010 at 2:48 pm | Report abuse |
  7. gmmed

    Criminy – I thought that to be a judge required a brain and a lot of common sense.

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

    WAKE UP AMERICA ! DO YOU KNOW WHY CALIFORNIA IS BANKRUPT? HAVE ANY IDEA WHY SO MANY CALIFORNIA HOSPITALS HAVE HAD TO CLOSE THERE DOORS? DO YOU WHY SOCIAL SERVICES IN CALIFORNIA HAVE BEEN OVERUN ? DO YOU KNOW THAT CRIME IN ARIZONA HAS DECREASED BY OVER 40% SINCE SHERIFF JOE STARTED CRACKING DOWN ? WHEN DOES "ILLEGAL" MEAN ILLEGAL? THE SILENT MAJORITY MUST AND WILL BE HEARD IN THE UPCOMING ELECTIONS..

    July 28, 2010 at 2:27 pm | Report abuse |
    • Joe Whitesup

      ROBBIE!!! I HEAR YOU BROTHER! CALIFORNIA IS TOTALLY BANKRUPT BECAUSE OF THEM ILLEGALS. IT HAS NOTHING TO DO WITH HOW GREAT ARNOLD AND THE REPUBLICAN LEGISLATURE ARE IMPROVING THE BUDGET. OUR OFFICIALS NEED TO START ROUNDING UP THESE PEOPLE AND CHARGE THEM FOR ALL THE MONEY WE LOST! I KNOW, WE CAN EVEN MAKE THEM WORK THE FIELDS FOR FREE AND WORK OFF THEIR REIMBURSEMENT TO THE STATE!!! GOD WILLING THEY JUST MIGHT NOT LIKE IT HERE AND WE CAN CHEER THEM ON THEIR WAY OUT THE COUNTRY. WHITE POWER!!!!

      July 28, 2010 at 2:34 pm | Report abuse |
    • Joe Whitesup

      I HEARD THEY HAVE A CODE WORD THEY USE WHEN PURCHASING ITEMS AT RETAIL STORES THAT EVEN LETS THEM SKIP ON SALES TAXES!!! ITS "hola como esta?" – MAN WHY DIDNT WE THINK OF SOMETHING LIKE THAT HUH? CANT WAIT TO SEE THEM ALL GONE. MAN ROBBIE YOU ARE MY BEST FRIEND!!!

      July 28, 2010 at 2:36 pm | Report abuse |
    • JACK ABRAMOFF

      tO Wherp a dERP IS TO dERP A herP

      July 28, 2010 at 2:37 pm | Report abuse |
    • Greg

      Right on Joe!

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

    Are Obama and the Democrats trying to lose their entire White Vote - it's in the 30s now.

    I suspect after today, it will be in the 20s.

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

      IT IS NOT A RACE ISSUE!!!!!!. There are many 'non-white' citizens/resident aliens who feel the same way. YOU DO NOT speak for me and you just displayed your ignorance as a 'white' person.

      July 28, 2010 at 2:43 pm | Report abuse |
    • abc

      You are right. . . . it is not a race issue.

      Look at the polls. Blacks AND Whites overwhelmingly support Arizona's law on this - indeed, it is one of the few issues African Americans seriously disgree with Obama.

      I doubt this controversial issue will be enough for many African-Americans to abandon Obama and Democrats in the next couple elections, but it will with White voters.

      When white voters are already abandoning Obama and Democrats in epic numbers (again, look at any poll), this court decision will prove to be disaster for them.

      July 28, 2010 at 2:49 pm | Report abuse |
  10. Great

    Congratulations to all of you who didn't read the bill and complained enough to keep our illegal immigrant problem from being addressed for a little while longer. I guess us Americans who live in this part of the country where drug dealers and human traffickers work will just have to take matters into our own hands. Instead of illegals being humanely detained, I would venture to say you will see a sharp increase in homicides of these people at the hands of concerned citizens...great job again.

    July 28, 2010 at 2:28 pm | Report abuse |
  11. L V

    Yes, some of them are here ILLEGALLY , I agree, we need to protect our families, correct, no drug traffic, correct.
    Any reasonable solutions? because clearly SB 1070 is not the way, just a political tool for ARPIO to be on TV and find his way to a reality show. PLEASE GUYS immigration won't stop with this law, they'll keep crossing the border, they need to survive. if you create a reasonable law that allows separating the good and the bad ones you won't be in this mess. Read about inmigration laws and how deficient this system is.

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

      L V.....OK if you have a plan....lets hear it. No one is saying that immigration into the US should stop....But we must enforce current laws and boundaries....Soon it will be acceptable to assault citizens with out punishment, because of the B S that clogs up the system. It's a fact that blatant violation of our laws is happening and only getting worse. How can anyone...even me.....take US laws serious when we see them ignored daily. IT MAKES ME SICK......OUR OWN COURTS WORKING AGAINST US.....DO YOU REALLY THINK THE FOUNDING FATHERS WOULD HAVE IGNORED SUCH AN INVASION AND THEN FEED AND HOUSE THE INVADERS?

      July 28, 2010 at 2:36 pm | Report abuse |
    • GOTTHUMBS

      WHOSE THEM????? WERE TALKING ABOUT ILLEGALS....not just Mexican illegals. But the fact that Arizona borders on Mexico and that 95% or more of the illegal aliens in Arizona are Mexican.

      July 28, 2010 at 2:39 pm | Report abuse |
  12. HorseShaver

    Realistically, i don't like the idea of going after the illegals. I think we should go after the employers. The BS they feed us about the face that the illegals do the work that we won't is only true when you find out what they want to pay. 20 years ago, fast food was run by high school kids. farming was done by high school kids. now the rich get richer by paying people peanuts with no taxes, SS, or any other benefits. hit the companies. they are the ones creating this mess. good old greed wins out again.

    July 28, 2010 at 2:28 pm | Report abuse |
    • L V

      absolutely true.

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

    Look these people are illeagal, they do not belong in the country. Why even argue about it? Unless you think that illegal activity is perfectly fine.......

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

      I'm a conservative,if illegal activity isn't fine I'm in trouble.

      July 28, 2010 at 2:33 pm | Report abuse |
  14. DP

    Mexican immigration law requires authorities there to check a person's immigration status.
    The authorities of the Republic, whether federal, local or municipal, as well as public notaries, are obliged to check if foreigners are legally in the country.{article 72}

    July 28, 2010 at 2:28 pm | Report abuse |
  15. Enough Already

    Why do these analists continue to state that the immigration system is broken? IT IS NOT BROKEN!!! If the federal government would just enforce the laws that are currently on the books, many of our immigration issues would be solved!!!

    ENOUGH ALREADY

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