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. TaxPayer63

    It is surprising that the country of Mexico has the exact same law, but we can not have the same law and/or play by the same rules. Any person here illegally should be sent home. Any company hiring Illegals, should be Fined (BIG) and have to pay to have the Illegals sent home, not mater what country they come from!!!!!

    July 28, 2010 at 1:48 pm | Report abuse |
  2. Charles

    Illegal Aliens are not immigrants. People who come here and become a citizen by legal means are immigrants. People who don't are illegal aliens and by definition criminals. There is a law in pace. Enforce or just ignore all the laws people don't want to follow.

    July 28, 2010 at 1:48 pm | Report abuse |
  3. steve

    OK, so a car rolls by a police cruiser and a large puff of smoke rolls out the window. Is the officer allowed to pull them over and "profile" them as illegal drug users doing something illegal? Isn't that was cops do? The first word in illegal immigration/immigrant is ILLEGAL is it not? Legalize drugs and the cops don't have to worry about the puff of smoke. Legalize anyone coming into the country for any reason at any time and they won't have to worry about that either. Until then, it's ILLEGAL!!!!!

    July 28, 2010 at 1:48 pm | Report abuse |
  4. eric

    WOW!!!!!! gutless, spineless, clueless wonders in government will never cease to amaze me!! and neither will those empowered to vote, or appoint, them, in!!!

    July 28, 2010 at 1:49 pm | Report abuse |
  5. Concerned

    I find it hard to beleive that people are this mindless. To say this country was built ny the work of immigrants may be true but it's the illegal ones we are trying to protect our country from. There is a legal way to become a citizen. They are sucking our southern states dry "damn Illegals". As one said the poor brown people, I'm so called brown and I would glad to show im legal. I do it everyday when i goto the bank, have a drink, WHEN I"M PULLED OVER. Get real folks.

    July 28, 2010 at 1:49 pm | Report abuse |
  6. Jack

    Arizona should bus these people to DC and leave them outside the Capital building.. That would be a hoot.

    July 28, 2010 at 1:49 pm | Report abuse |
  7. the circus is in town!

    Some of you clowns should have to spend a week in a REAL Communist country — then I think you'd probably be a lot less likely to throw around terms (like "Marxism") that you clearly don't understand.

    On the other hand, China's not the most welcoming place for outsiders, either, so maybe you'd be happier there.

    July 28, 2010 at 1:49 pm | Report abuse |
    • 2skinny

      Communism has to start somewhere. Russia wasn't always as it is (was), nor was Cuba, China, N. Korea, etc... When things were good, prosperous, and NOT Communist they probably thought things "were worse somewhere else" too...

      July 28, 2010 at 3:26 pm | Report abuse |
  8. jcmancl

    Amazing, absolutely amazing. Finally, a new law that actually has vast public support, unlike the health care bill, additional wall street regulations, bail outs, etc. and a judge stops it from going through. Ladies and Gentlemen, in a democratic society, THIS IS COMEDY! And on another note, my grandma is visiting me in Wisconsin from southern California and refused to drive on I-10 through Arizona because she wanted to avoid any entanglements with drug trafficking and other crimes going on as a result of the huge illegal immigration problem. This is a huge setback for Arizona.

    July 28, 2010 at 1:49 pm | Report abuse |
  9. An Arizonian

    Looks like the illegals are here to stay. As long as you can walk, crawl or be carried over the border–your free! A sad day for those Arizonians who respect the laws of the land. And sad, as well, for those Latino's who had to come here legally. I've voted Dem for a long time, but not next time. This is really a sad political game that the state of Arizona lost.

    July 28, 2010 at 1:49 pm | Report abuse |
  10. Smith

    Glad to see that someone sticks up for the people the Repubs ignore. That would be the non white, non Christian, non wealthy segment of the US population.

    July 28, 2010 at 1:50 pm | Report abuse |
    • Concerned

      smith my friend it's the illegals scratch all the other terms you used.

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

      It's not about sticking up for this segment or that. It's about upholding pre-existing Law and protecting the citizens of this country. A porous border leaves us open to far more (and worse) than the hard-working people of Mexico! Investigatie any other country's immigration policies and you'll soon see we are, by far, the most welcoming and accomodating.

      July 28, 2010 at 2:03 pm | Report abuse |
    • Gavin01

      FYI, we are the most accomidating Nation, because we like cheap fruit. We like cheap houses, we like cheap lawn care, we like cheap house keeping. Ever wonder why the drug wars are in a furor over in Mexico, we like cheap drugs too. Next time you open your mouth to complain about illegals, yell at the restaurant owner for hiring cheap labor (oh yeah you like your breakfust at denny's cheap too)

      July 28, 2010 at 2:11 pm | Report abuse |
    • sweet_genius

      So you think the Democrats care about illegals? (wait, I have to stop laughing first)
      Illegals are nothing to the Democrats but slaves who happen to vote for them.

      July 28, 2010 at 2:21 pm | Report abuse |
    • Brent

      Why are "liberals" always so sanctimonious and preachy? I actually have a number of "liberal" views, but I guess I am not as certain I have all the answers for everyone as some people.

      July 28, 2010 at 2:24 pm | Report abuse |
  11. matt28

    It's time to start talking succesion, I am dead serious!!!!

    July 28, 2010 at 1:50 pm | Report abuse |
    • freedom fighter 1

      I am with you

      July 28, 2010 at 1:58 pm | Report abuse |
    • Joe

      You should probably learn how to spell "secession" before you start advocating it.

      July 28, 2010 at 2:03 pm | Report abuse |
    • keith

      Funny how the people who claim to be the most patriotic are the ones who talk about leaving the country when they don't get what they want. By the way, its spelled secession. Dope.

      July 28, 2010 at 2:09 pm | Report abuse |
    • Heather

      I'm with you too

      July 28, 2010 at 2:10 pm | Report abuse |
    • Gavin01

      If you "succeed" at sucession, please make sure your children don't cross our borders illegally (thanks, citizens of Utah, Nevada, Californina and New Mexico)

      July 28, 2010 at 2:17 pm | Report abuse |
    • Woody

      It's "Secession" stupid

      July 28, 2010 at 2:22 pm | Report abuse |
  12. William

    States that support the Arizona law need to leave the union...I will go...The United States have become the same place our American founding fathers left the British Empire..We need to follow there steps and revolt against the money hungry and corrupt goverment...GIVE ME LIBERTY OR GIVE ME DEATH...

    July 28, 2010 at 1:50 pm | Report abuse |
    • Matt

      Please do, and take Texas and Utah with you.

      July 28, 2010 at 1:56 pm | Report abuse |
    • Rob

      Don't let the door hit you in the ass William.... the operative here is "LEGAL" immigrant. If being here illegally isn't a problem, then I guess it's OK for the future terrorist wannabe to just waltz in and make himself at home, living off us taxpayers as he plots his strategy??

      July 28, 2010 at 2:00 pm | Report abuse |
    • Concerned

      Goodbye Free Willy

      July 28, 2010 at 2:03 pm | Report abuse |
  13. Barry

    If the Feds and current administration apply existing federal laws on immigration, then we wouldn't be wasting all this money paying lawyers and lobbyist. I made a BIG mistake voting for this man in the WH.

    July 28, 2010 at 1:50 pm | Report abuse |
  14. Bobby Sox, Slidell

    Why do these right wing whacko state legislators keep passing laws that they know will be overturned in the courts? It's just a waste of taxpayers money, and not conservative in any way shape or form.

    July 28, 2010 at 1:50 pm | Report abuse |
    • Concerned

      Funny how you find it being the states fault to waste the money how about our effin federal government sucking all of dry.

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

      Bobby stop being a sheep

      July 28, 2010 at 2:05 pm | Report abuse |
  15. Daren K


    United States District Court
    Sandra Day O’Connor U.S. Courthouse, Suite 522
    ...401 West Washington Street, SPC 50
    Phoenix, AZ 85003-2153
    Phone: (602) 322-7570

    July 28, 2010 at 1:50 pm | Report abuse |
    • Grace

      Daren K: Thanks for her phone number. I just called to tell her thank you. I am not mexican, am white, and retired. I said thank you for using your knowledge of the law to let everybody think about this for a minute. We should all call her and tell her thanks, and now let the federal government do their job.

      July 28, 2010 at 2:18 pm | Report abuse |
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