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. Richard

    Illegal Illegal Illegal Illegal...............Imma go rob a bank now since no one cares too much if you break the law and when I am pending my court conviction I'll send a letter to Obama that reads in subject "Remember the SB 1070!"..................oh wait, I'm an American so I will have to pay a penalty....plus tax

    July 28, 2010 at 1:55 pm | Report abuse |
  2. Chris

    CONDONING ILLEGAL IMMIGRATION WILL SEE THE DEMOCRATIC PARTY ELIMINATED IN NOVEMBER

    July 28, 2010 at 1:55 pm | Report abuse |
  3. scot

    If I was Brewer....I would pull a Truman....I believe he said...."He has made his decision....now let's see him enforce it".....Or even better, start secession proceedings immediately.......this is total garbage......Just like the health care bill....the muslim is willfully and blatantly defying the will of the american people.......the muslim is too stupid to realize that he may have won the battle but he's lost the war.......he's just too stupid to realize it yet.......

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

      Glass houses. You fit more stupid into one single post than most.

      July 28, 2010 at 2:02 pm | Report abuse |
  4. Here we go...

    Look out for huge protests in AZ from U.S. citizens. Hurry up while you can AZ; soon they'll shut you up too!

    July 28, 2010 at 1:56 pm | Report abuse |
  5. Another Voice

    Great decision!!! AZ wanted to become a de-facto Police State and that is not what America is all about.

    July 28, 2010 at 1:56 pm | Report abuse |
  6. mexiCAN

    Haha once again we win. Yah hear us out America, we aint going nowheres!!!!

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

      You are kinda dumb aren't you. The judge hasn't ruled, she put 4 parts of SB1070 on hold until she can figure out both sides. Can't you read? Oh yeah, you are here illegally and just believe what laraza tells you.

      July 28, 2010 at 1:59 pm | Report abuse |
    • mexiCAN

      Umm I'm watching the news and she BLOCKED parts of SB 1070 , Haha, now because I'm happy I'm here Illegally ? Tom your stupid, I was born in Sylmar, Califas wassup!!! Tats why ppl like you eat our shyt. We aint going nowheres!! For every person you deport there's 20 crossing into the USA, the number jus grows and grows so yea, put as many laws as you guys wanna, we aint going nowheres lmao

      July 28, 2010 at 2:01 pm | Report abuse |
    • Harii

      you thought that once before and then you became a third world country are you sure you want round three???

      July 28, 2010 at 2:09 pm | Report abuse |
    • Lisa/FL

      Stay make yourself at home, now since borders are open, bring over countries that are really 3rd world, most of African citizens live in conditions hispanic illegals could not dream of, bring over Haitians, hear ye hear ye all people living in poor conditions cross the borders into the US...but good luck because we are broke and it's getting worse so in about 20 years or so it will be just as your country was when you left it.

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

      The judge did not issue a ruling? Can´t you read?
      Go to the article and click on "Download PDF of RULING" or
      something like that... and READ the RULING !!!

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

      If Your Here ILLEGALLY Your going some where all right- To meet your maker. We start shooting Illegals as they cross the Border Come sundown.

      July 28, 2010 at 2:38 pm | Report abuse |
    • worried2010

      It is people like you that make things worse for illigals. For one this is about illegal aliens- ALL- and then for you to make a remark like that, and wonder why people get so mad.(You are laughing in the citizens and legal residents of this country) It just makes me want to work harder to make the federal government do the job they are paid to do. I think every state in the USA should make it a felony for any one that uses fraudulent Identification. There for forever banning them from obtaining legal status and to be deported immediatly!! Mark my words America- In a few decades from now, our country will be in the same or worse shape than the countries that the illegals are running away from. Where will we and our families go?

      July 28, 2010 at 3:51 pm | Report abuse |
  7. Rodney

    reading the comments posted here proves there are a lot of ill informed individuals about..

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

      Rodney!!! Inform us please!!!!!

      July 28, 2010 at 1:59 pm | Report abuse |
    • TomN

      Rodney is correct. Read what the judge did. Many people seem to think that SB1070 is dead but it's not. Parts of the bill are on hold. the most controversial parts. This thing has just begun. Bunches of idiots coming out of the woodwork like Mexican who says they won and are not going anywhere. We shall see when the judge rules. Probably next week.

      July 28, 2010 at 2:01 pm | Report abuse |
  8. bob

    There are so many emotionally charged ignorant people against this law that the facts don't even come into play. This law is not about stopping people 100% based on their looks. One way or another, the illegal immigrant tide will be stopped. It may take a while, but now that most of America knows that law enforcement looks the other way when it comes illegal immigrants, we are pretty upset. They don't look the other way when legal residents get speeding tickets, don't pay their taxes or even parking tickets, so why are they looking away when there are illigal immigrants in our country? What kind of homeland security is that? What are we paying taxes for? I voted for Obama, but he better watch where his loyalties lie if he wants to get re-elected.

    July 28, 2010 at 1:56 pm | Report abuse |
  9. Reality

    Arizona should now start blocking part of its money that goes to D.C. for Federal Tax dollars. Nothing should usurp the power of the state if it does not cause a threat to national security or trade among states. Arizona should go through with whatever law it deems neccessary for its own security.

    July 28, 2010 at 1:56 pm | Report abuse |
  10. D.J.

    The People of the State of Arizona voted. The Federal Government is WRONG. This IS government of the People, by the People and for the People, whom are citizens of the United States of AMERICA. This is not a racial issue, it's a legal citizens issue. Susan Bolton needs to be removed from the bench.

    July 28, 2010 at 1:56 pm | Report abuse |
  11. jerry

    I suppose this judge has now suspended the federal law that the state law is alluding to? Why doesn't she just declare the consitution as unconsitutional, grant instant citizenship to anyone from Mexico, provided they promise to vote Democratic? The only ones in Arizona with rights today appear to be the illegals. Screw the citizens of Arizona, the far left knows what's best for them.

    July 28, 2010 at 1:56 pm | Report abuse |
  12. Good!

    I'm glad the judge had the senses to put this law in it's place! All you racist white people in this country and your backwards way of thinking disgust me! You are the true immigrants in this country, this land belonged to the Native Indians and Mexicans before your ancestors traveled from the Euros and STOLE this country from them! And all this talk about "liberal this and liberal that" well let me say this, you right wing nut jobs wouldn't have most of the freedoms we now enjoy if it weren't for "liberals"! you choke on that one.

    July 28, 2010 at 1:56 pm | Report abuse |
  13. Unit34Ahunt

    This is a pretty good ruling. The injunction is narrowly tailored to deal with the provisions of the law that require police to detain, and require illegals to carry id. Illegals can still be arrested by state law enforcement for not carrying ID, because there is a Federal law requiring them to do so. The judge seems to think that the AZ law might imply alterations to that Federal law.

    What is allowable: seizing the automobiles of people who are in the country illegally when stopped for violations, and seizing the automobiles and related properties of people who solicit illegal labor. We can use these laws in AZ to generate funds to more thoroughly identify people at point of contact.

    July 28, 2010 at 1:57 pm | Report abuse |
  14. Rob

    Ha! Burn all you right-wing racists! HA!

    July 28, 2010 at 1:57 pm | Report abuse |
    • Brent

      This is the compassion I know from the left.

      July 28, 2010 at 2:14 pm | Report abuse |
  15. obamapoop

    Other states wishing to enact similar laws, should join Arizona and Appeal...Appeal...Appeal. SCOTUS here we come. American citizens DO NOT want porous borders / millions of illegals spilling into our country!

    July 28, 2010 at 1:57 pm | Report abuse |
    • John C

      Those are not the only two choices here pinhead. Trying to play politics with every issue is not helping our country. THose of you tryin gto use this to attack the president are doing more harm than good on the immigration problems. THis law was never inteneded to do anything but get attention, republicans think that is leadership. NO wonder nothing they do ever makes anything better.

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

      appeal what? The judge wut parts of the bill on hold. there has been no ruling. can't you read?

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