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. Bushdiver

    I think more states should take the same stance as Arizona. I know. I can hear the crying now that we are all aliens, that our forefathers and what not have come from parts all over the world. No one is arguing that point, but they did come legally. If they want to be here then they should be here legally, paying taxes and what not. Enough is enough. Someone has to take a stand on this somewhere or we will all wind up footing the bill for health care, sending their kids to school ect.

    July 28, 2010 at 2:43 pm | Report abuse |
  2. Juliemac

    I just spent several weeks overseas. I carried ID, passport and departure card when I left my hotel room.
    I got home to a town filling with hispanics. Watched as english adverts for the hospital were replaced with ones in spanish. All on the same street where 2 police officers were beaten by a mob yelling in spanish. Teenageers pushing baby carriges, dropping out to live on welfare.

    Cant even bother to learn the language? How will they make the town better?
    Ship them out.

    July 28, 2010 at 2:44 pm | Report abuse |
  3. Glenn

    Rather than everyone attacking each other and their varied points of view, why not come together and bring about change in our country? Isn't that how it's supposed to work? "A government of the people, by the people and FOR the people"!

    No matter where you live now, where your from or what your ethnicity is, we all need laws that protect us from criminals in neighboring countries. The federal government and several of the DOD contractors have fumbled and stumbled over securing our borders for years. From physical barricades to electronic sensors and cameras we have never even been able to secure a 7 mile portion of the border with Mexico despite the expenditure of over 80 million dollars.

    It is clear that the people of Arizona have come together and made it clear that they will not accept the crime and criminal elements that are pouring accross the border. It isn't just Mexican people, it's criminals from many other countries as well. The federal government failed them and the state government stepped up to the plate to fix what they couldn't.

    Rather than attack them for taking the initiative to protect themselves, we the people as well as the federal government should rush to their aid and help them do it better or more fair. Your either part of the solution or part of the problem. Sitting on the sideline criticizing or offering nothing more than reasons why they can't fix things does nothing and merely makes you part of the problem not the solution.

    July 28, 2010 at 2:45 pm | Report abuse |
  4. Ramses

    I am happy Susan Bolton changed the law. It was wrong to begin with. However I am very thankful that this law was brought up because now we know the problem we have with immigration and perhaps our congress will finally come up with a well needed immigration reform law.

    July 28, 2010 at 2:45 pm | Report abuse |
  5. Darren

    Those of you who think that this law is good and won’t affect you because you are a “citizen”, think about it. Do you remember the last time you went to your local grocery and purchased a bottle of wine or any kind of liquor? Were you asked for your ID? Even though you clearly look older than 21? Why do you think most places nowadays do that? They just want to avoid being suit for discrimination – of any kind – or risk their liquor license removed for selling to under age kids that "looked" over 21. So, as a general policy, everybody gets carded. Can’t you see how this can evolve? To avoid racial profiling – and lawsuits, a police department policy could be that everybody will need to be examined to see if you are indeed a citizen or a legal resident no matter how good is your English or accent, how you dress, how you look. And, show proof! Stupid right? But, it will fix the issue.

    Now, do you carry your passport, birth certificate, or naturalization papers with you at all times including when you simply are going to the grocery or picking up your kid from baseball practice? Think about it because that’s what could really happen. No? Have you gone to the airport lately? Have you seen old little lady having to remove her shoes? And grandpa having to remove his belt? Even though they are in a wheelchair? Didn't YOU have to remove your shoes and belt? You don't look like a "terrorist", do you?

    Let's fix this. Complain as harsh as you are doing it here to you representatives, including Dems and GOP, about getting together and compromise! We can’t have it all. You give up something to get something back; otherwise, nothing will EVER GET DONE!

    Concerned citizen about his country.

    July 28, 2010 at 2:45 pm | Report abuse |
    • Ramses

      Good one Darren.

      July 28, 2010 at 3:02 pm | Report abuse |
  6. Gregg

    I have been a voting Dem all my adult life. Not anymore !!

    July 28, 2010 at 2:45 pm | Report abuse |
  7. Roger

    I am glad that the Judge ruled against most of the Arizona law. I am a life-long democrat and I believe that Arizona is full of racists and they just don't like the Mexican people. Obama understands this because he is a man of color and has had to deal with racism his entire life. Once we get these hard-working immigrants the right to vote we won't have to deal with all of this capitalistic nonsense anymore. Republicans care about money Liberals care about people and feelings and taking care of our friends from the south. Open the borders and change America for the better!

    July 28, 2010 at 2:45 pm | Report abuse |
  8. Otto

    I love read the mostly hateful comments, rasist, ignorant and rather selfish. There seems to be so many people who are indifferent, those who prefer the killing of each other and or anyone who are not like themselves.
    Take a good deep look at yourselves and see the deeply rooted bigotry in you mentality.
    It is okay and well for you guys to spend another 50 billion on these two moronic wars; while your fellow men and women are dying for naught. Billions are going up in thin air in Iraq and elswhere but it is just fine. You do complain about illegal "Aliens" you complain and being umemployed and also complain that heathcare for those less fortunate is a socialist policy. Are you people for real? What makes you think spending 600 billion per year to line the pockets of the military machine better than taking care of humanity? Why is it the Afghanistan war was not completed in less than six months? Why is it worthwhile to launch an illegal war in Iraq, thereby wasting more than a trillion dollars? Do you feel safer now? I don't think so. Iraq will go to hell very soon and all that money wasted as you can't teach a rock to swim and there is no way this side of hell; Iraq will ever become a Democratic nation.
    I am amazed at the ignorance of millions of Americans. You all think you know everything, yet you know nothing. Most of you can't find Iraq on a map. Is it not better then to start a rasist war locally, thereby getting rid of each ignorant side?
    Best of luck for you stupidity, hatred and ignorance folks! I am standing by laughing at you all...

    July 28, 2010 at 2:45 pm | Report abuse |
    • Kate

      It's your choice to be part of the problem or part of the solution. Looks like Obama and his team is the problem!

      July 28, 2010 at 3:14 pm | Report abuse |
  9. LJHJR

    Another sad day for used to be my United States of America.

    July 28, 2010 at 2:47 pm | Report abuse |
    • real american

      this has not been YOU UNITED STATES FOR A LONG TIME!! just look under your keyboard made in China? owned

      July 28, 2010 at 2:55 pm | Report abuse |
  10. Edgar

    Jeff,

    Technically a driver's license is not proof of citizenship but to get a "valid, legal" driver's license you must show a birth certificate, passport or an alien registration card along with other forms of identification to prove who you are. The police are aware of the process and look to accept a driver's license as proof of identification. The STATE has vetted the drivers to give somewhat of a reasonable belief that the person they have pulled over his indeed the person they have pulled over. Since driver's licenses can be forged, the police and most government bodies will not take "just a driver's license" as proof of citizenship and in most cases as proof of who you are. That's the technicality. When those who choose to do things illegallly succeed, they do so by bringing up technicalities so they can not be prosecuted or held accountable for thier crimes. What crimes have you committed where you go to technicalities as your defense, huh Jeff?

    July 28, 2010 at 2:49 pm | Report abuse |
  11. Rolf

    I served in the Army and am a very libral democrat. I always have been.

    July 28, 2010 at 2:50 pm | Report abuse |
  12. real american

    what do you people not understand about illegal. RACIAL PROFILING IS ILLEGAL. the only people who support this law are the ones who do not have to worry about being profiled and pulled over. You know who you are

    July 28, 2010 at 2:52 pm | Report abuse |
  13. Zach FL

    Here is an Idea.... Make it illegal for them to buy anything....
    Car's food' water' everything.. then when they can not get anything.. they will walk home... and make it illegal for anyone to sell them anything.(100,000 dollar fine.... if they can't get what they came for they will sure go home... it's easy and would not cost us a thing... and when they are busted.. take everything and sell it and put the money back that they have used ... (foodstamp.ect...

    IT is funny i have a child I do not get childsupport for her.. and they only give her foodstamps... Thanks fl... But an illegal gets all kinds of stuff from here.... I like DE... you can not get foodstamp for 5 years if your an illegal ... we should do that in all 50 states....

    Oh and when the judge is out of office they need to deport her for what she did... she can go with them... send oboma too...

    July 28, 2010 at 2:53 pm | Report abuse |
  14. DYLANSDADDY

    What most of you do not understand is the dems plan is that when the illegals are granted amnesty they will be able to vote, and they will vote for them. However if we learn anything from history, the republicans voted to free the slaves and to give them rights, but they don’t vote republican. We need to have this ruling appealed

    July 28, 2010 at 2:55 pm | Report abuse |
  15. Roger

    I love the Mexican people as they are the true Americans

    July 28, 2010 at 2:56 pm | Report abuse |
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