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. Phyllis North

    I guess they are posting signs on the border today: "Walk right in and make yourself at home!"

    July 28, 2010 at 1:50 pm | Report abuse |
  2. Jamie

    Tolerance won. Bigotry lost. Thank you, Judge.

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

      Let me guess...you were in the slow learner classes. It goes beyond tolerance to let people break the law by invading your country and then letting them get away with it by not holding them to the same standards as people who are here legally... that is, that they must carry papers and prove who they are and that they have the right to be here. That's cultural suicide.

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

      Tolerance of breaking the law? Wow. What part of ILLEGAL don't you understand. If this was your house, it would be ok for strangers to break in, take your jobs, sell drugs, pimp out your kids and murder the neighbors? Yeah.. real victory there.

      July 28, 2010 at 2:15 pm | Report abuse |
  3. pennysaver126

    "Opponents say the law will lead to racial profiling, which is illegal"

    You know what else is illegal...being an ILLEGAL alien. The word is actually in the name for crying out loud.

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

      Yeah, that word must not translate well into Spanish

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

      Yeah but the Feds don't know anything about common sense.

      July 28, 2010 at 1:53 pm | Report abuse |
    • Matt

      How would you have enforced it without racially profiling people? Would you have stopped everyone and demanded the verify their citizenship? I want you to prove your citizenship right now. What is the 4th admendment? What is the supremacy clause?no wikipedia.

      July 28, 2010 at 2:00 pm | Report abuse |
  4. AB

    this land (the US) belongs to no one but the Native Americans-so for all of you saying immigrants dont belong here i hope you know your original country of origin so you can pack your bags and leave as well, because this land was taken by force, now what laws does that break! We visit other countrys with no trouble at all-hell i could move to another country with no trouble at all, y cant others move here-to try and better themselves, what TELL ME WHAT makes US better than THEM...if you can come up with an answer you are selfish and self centered! get over yourself, this land is as much theirs as it is ours!

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

      Sounds to me like you need to learn the meaning of the word ILLEGAL too

      July 28, 2010 at 1:54 pm | Report abuse |
    • jerry

      I'm part native american and what you are saying is a crock of $H!T!! illegal is illegal...period!! We native Americans speak English and pay taxes, the illegals don't.

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

      and as someone who is 5 kinds of Native American, 3 of which fought the mestizos and chased them south of the Rio Grande; I am tired of being overrun by the Latinos. Either follow the laws of this nation or don't come here.

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

      And who was here before the Native Americans? Those who migrated from what is now Russia over the Bearing Strait? Peoples of Central America migrating northward? Who was in any land before the current occupiers? Wars are fought, sides win, that's history. To the winner go the spoils.

      The current gov admin is not upholding their duty by protecting our borders and preventing the states from doing so as well.

      Good luck in November with that.

      July 28, 2010 at 2:16 pm | Report abuse |
    • Stacey

      I have no problem with people coming over here to try and live a better life. As long as they do it LEGALLY. No one is saying they are better than anyone else here. The problem is they want a better life for themselves without having to live by the rules and regulations you and I have to as citizens. No taxes, they don't have to pay for healthcare, and much of the income they make is sent back home. Not on products that would stimulate the economy of the country they come to have a better life in. What is so hard to understand about that? Oh, and you say you could move to another country easily? Well, if you don't like the LAWS here, move to another country. Buh bye

      July 28, 2010 at 2:24 pm | Report abuse |
  5. Victory is ours

    Goal !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! GOAL !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! for the LA RAZA!

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

      La Raza, are u kidding me. Please..... Go post on MSNBC

      July 28, 2010 at 2:22 pm | Report abuse |
  6. James Martin

    Judge Boltin is an idiot. She'll make a perfect Supreme Court Justice some day

    July 28, 2010 at 1:51 pm | Report abuse |
  7. Alan

    If Arizona is so against illegal immigration, why doesn't the state pass laws to curtail the demand side – impose heavily penalties on businesses hiring illegal immigrants. If there is no demand, they won't come.

    Oh, I know why.....

    July 28, 2010 at 1:51 pm | Report abuse |
    • Andy

      The Federal Gov will step in and say We already have that law you cant do it also.

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

      Um, they did. That's what part of this law is about but WAS BLOCKED by this judge. Did you even read the article?

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

    So now if I break the law, do I get a free pass like the illegals?

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

      It would be racist to give you a free pass, especially if you are here legally. So , no, you cannot break the law like illegals. I recommend you learn Spanish and claim to be Mexican the next time you are audited for taxes, caught without insurance for your car, etc. That way you can avoid the tickets and prosecution that legal immigrants and citizens are subjected to. Que, senior? No habla Englis!!

      July 28, 2010 at 2:05 pm | Report abuse |
  9. John

    The rednecks lose again!!!!!!

    July 28, 2010 at 1:52 pm | Report abuse |
    • Victory is ours

      Can White People say DEFEATED!!!! ha ha ha!

      July 28, 2010 at 1:53 pm | Report abuse |
  10. Dale

    Yup. The Chicago style politics shine thru. Are you kidding. I hope this is still enough to make the Illegals leave as its going to get ugly if they don't. I know for a fact that its getting violent. The white people are sick of being treated like SH** by people that don't even belong here. They are the racists. I came here as legal. Why shouldn't they have to.

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

      The judge is from Arizona and what the hell does "chicago politics" mean? Stop just throwing words around.

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

      Your bigotry is just so transparent. Project much?

      July 28, 2010 at 2:02 pm | Report abuse |
  11. dee

    Never voted Republican in my life but after this I can't wait til November to make it a first.

    July 28, 2010 at 1:52 pm | Report abuse |
  12. Jim

    So now law enforcement's hands are tied and they are not allowed to ask someone what their legal or illegal status is. So when we go through the airports we don't have to show our passports either when coming into this country right? I am so confused!!!

    July 28, 2010 at 1:53 pm | Report abuse |
  13. BioHzrd

    For those that claim the law prohibits racial profiling, explain to me how that will be enforced. Will the white canadian or south african when stopped for speeding get asked if he is here illegally. No, he won't. But I suspect that hispanics or anyone with a skin the shade of brown that ARE here legally WILL get asked to present papers. That in an of itself singles out a group of people and hence is racial profiling. Even if police are specifically told not to profile, they will do it anyway. Just ask anyone who is a darker shade of white about their dealings with the police.

    July 28, 2010 at 1:53 pm | Report abuse |
    • kit

      This is exaclty the point the racist ignorants don't get. It's not about what the paper says. it is HOW the law will be executed. Discretion is left to the cops...

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

      You are paranoid. If a white person cannot produce a driver's license, the cops will ask where they are from a do a check. Just ask Canadiens.

      July 28, 2010 at 2:20 pm | Report abuse |
    • Native Am

      That's about as dumb as saying that the new tanning bed taxes are racist since mainly only white people use them.

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

      What u don't get is profiling is a tool that is often necessary. Think about this....If someone committed a horrible crime against someone in your immediate family and there were several witnesses that saw the crime take place. Now imagine that the police took the description of that individual but then told you that they will be seriously restrained by their investigation because of profiling and they wouldn't want to question anyone of the same description because that would offend people. Get off your high horse and start using that thing you call a brain.

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

    The law was not struck down, 4 parts were put on hold until the judge can figure it out. It's the judges and lawyers that are destroying America.

    July 28, 2010 at 1:53 pm | Report abuse |
    • MartinSA

      the law wasn't struck down folks–it just can't be enacted on until there's a decision made.

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

    There is no enforcement of our immigration laws once you get over the border, unlike France or Mexico where you have to show papers to police who ask. The Obama administration bears the responsibility for furthering lawlessness.

    July 28, 2010 at 1:53 pm | Report abuse |
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