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. Obamamnesty

    We are now heading into a "No rule of law" land!

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

    THIS IS DISGUSTING!!!!!!! The reality is.....If it looks like a Duck, Sounds like a Duck, Walks like a Duck........ODDS are it is a Duck. we just need to verify what kind of Duck it is.......Legal or Illegal. Like it or not.....racial profiling can't be avoided. It's a reality and will always be. If 95% of illegal immigrants entering/living in Arizona are of Spanish descent/origin........then you can't ignore those facts......unless your like an ostrich and keep your head in the sand. This nation is doomed if it can't stand up and protect its self from back door invaders.

    July 28, 2010 at 2:29 pm | Report abuse |
  3. Bart

    Wow, I'm sure this was fairly looked at, not. The loser liberals got to the judge. Since the dems are so worried about the mexicans, they can go to mexico and take all the illegals with them.

    July 28, 2010 at 2:29 pm | Report abuse |
  4. Steve C

    Let's send all the illegals over to the people that are protesting for them. Let THEM pay their medical and all the other expenses

    July 28, 2010 at 2:29 pm | Report abuse |
  5. 1960mom

    I think it's very interesting that the federal government doesn't have the inclination or money to address US border control, but they have billions to spend on Afghanistan's borders.
    I'm a northerner, but what's happening in AZ effects us all, we need a federal government that can pull their heads out of each others butts, or step off. What a bunch of power tripping morons!

    July 28, 2010 at 2:30 pm | Report abuse |
  6. Mark Mywords

    What kind of circus is Obama and the DOJ running? We all know by now that our country's government has been usurped by jews and they are attempting to dismantle America. Sorry jews but you have no power here and you can go back to your 3rd world country israel and take the illegals with you if you like them so much, but don't tread on us or you may find history repeating itself for your people.

    July 28, 2010 at 2:30 pm | Report abuse |
  7. Anonitroll Trollin

    To Wherp a Derp is to Derp a Herp

    July 28, 2010 at 2:30 pm | Report abuse |
  8. Enough Already

    The immigration system is not broken!!! Try enforcing it first!!!

    July 28, 2010 at 2:30 pm | Report abuse |
  9. Dale

    Time for the PEOPLE to sue the Federal Government for Aiding & abetting Criminals,Deriliction of Duty,Failing to Protect its Citizens from Invasion,Conspiracy- Any Lawyers out there willing to step up to the plate & Sue the Government on Behalf of the PEOPLE?

    July 28, 2010 at 2:30 pm | Report abuse |
  10. Randy

    It is funny to hear people talk about immigration and that that's how are parents and grandparents got here. That is true and they had to follow very specific laws and procedures. They didn't come here illegally. Plus, they love American and all it has to offer, it's good and it's bad. They are American first and proud to be Americans. They don't want America to be like the country they came from. About the judge's ruling, if you understand it, she said that to implent the law would put an undo burden on the system, in other words there are so many people here illegally the system can't handle it. In other words, since the federal government has not done its job...ever on illegal immigration we our overriden with illegals...time to call in Billy the Exterminator!

    July 28, 2010 at 2:30 pm | Report abuse |
  11. Hoog

    "Thats Right!

    Si Se Puede. VIVA MEXICO! if you guys dont like it then get out of here and move to Canada."

    Yeah, viva Mexico. Mexico is a toilet. That's why they're all running over here to clean washrooms, make fries, and cut lawns.

    July 28, 2010 at 2:30 pm | Report abuse |
  12. Obamamnesty

    A major win for Mexico! 21,000,000,000 dollars of remittences annually will now be increased!

    July 28, 2010 at 2:30 pm | Report abuse |
  13. guinevere

    I don't understand why this is Obama's fault when he's not even the one who appointed this particular judge.

    (P.S. to the first commenter: why would the "Chicago Seven" have even needed to get to her? She was appointed by Bill Clinton. She was probably on our–I mean, their–side from the beginning. ;))

    July 28, 2010 at 2:30 pm | Report abuse |
  14. YBM

    Definitely looks like its time for a game of cowboys and illegal aliens.

    July 28, 2010 at 2:30 pm | Report abuse |
  15. Chip

    99% of you commenting have not even a basic understanding about how our form of government functions and how the powers are divided between the judiciary, legislature, and executive. You should all be ashamed.

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