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. MtnAnnie

    I am amazed at the ignorance in this Country...truly amazed but evidenced tenfold by these posts. The last 10 years never happened? That's the ultimate hypocrisy of the ignorant masses. God help us all...

    July 28, 2010 at 1:59 pm | Report abuse |
  2. joe71

    I'm Mexican and I love this new law. Why should Americans bow down to non US citizens in our own country. If you are that open to Illegal immigration then I suggest you start paying their bills because as an American Tax Ppayer in tired of paying more than my share.

    July 28, 2010 at 1:59 pm | Report abuse |
  3. Scott

    Enough is enough...we need to seal the Mexican border now...

    July 28, 2010 at 2:00 pm | Report abuse |
    • Lisa/FL

      Never gonna happen

      July 28, 2010 at 2:42 pm | Report abuse |
  4. kit

    Scenario B An illegal white Canadian gets pulled over for running a red light. He/She shows a Canadian driver's license (perfectly acceptable to drive a car, after all you don't need to be a resident to the State to drive a car).
    Scenario B: An illegal Hispanic gets pulled over for running a red light. He/She shows a Mexican driver's license (perfectly acceptable to drive a car, after all, you don't need to be a resident to the State to drive a car).
    Question: Is the Cop going to suspect equally about the immigration status of both individuals?
    The issue is NOT what the law says on paper, it is HOW it will be executed, that is what opens the door for racil profiling.

    July 28, 2010 at 2:00 pm | Report abuse |
    • tet1953

      Which one are you more likely to find in AZ kit? BTW, I personally don't have a problem with racial profiling when it comes to national security. The Israelis are right about that.

      July 28, 2010 at 2:11 pm | Report abuse |
    • Lisa/FL

      It would depend on the cop and the situation. Cops profile without this law and profiling happens across the board so get over it. People in general profile others everyday.

      July 28, 2010 at 2:42 pm | Report abuse |
    • robert

      Who commits more crimes in this country? White Canadians or Mexicans?

      July 28, 2010 at 4:04 pm | Report abuse |
  5. Joe R.

    So.....basically the federal government ruled against itself. After all, the federal government is supposed to be doing this work. How messed up!

    July 28, 2010 at 2:00 pm | Report abuse |
  6. Jamie

    Good for the Judge. Racism and intolerance has no place in America.

    July 28, 2010 at 2:00 pm | Report abuse |
  7. Rick McDaniel

    The racial profiling argument is pure BS, designed to prevent enforcement of the law. Basically, the illegals are using our own stupidity, against us, and getting away with it, because we are so foolish, we think it's better to allow millions of illegal immigrants, than be "politically incorrect".

    That will ultimately be the demise of America.

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

      This law was never intended to be enforced, AZ never had the money in teh first place. It was game and you have been played. They could have easily made a tough immigration law without including the blatantly racist parts they did. This was not an accident. They wanted a poltical item to anger the ignorant and the uninformed and they got you hook lin eand sinker on this one. Abortion and Gay marriage just wasn't briging out the hate anymore so they pulled this election year stunt. All you outraged by this are more of the problem than this law was the solution. You are a victim and too stupid to know it.

      July 28, 2010 at 2:17 pm | Report abuse |
  8. John

    American citizens get screwed again! Even judges cater to the special interest groups. I don't care if you are white, black, red, yellow or brown. If you are here illegally you are a criminal, plain and simple. It just happens that 99.9% of the criminally illegal aliens are from Mexico. Tough nookies! You need to get deported. Let your own country solve your problems.

    July 28, 2010 at 2:00 pm | Report abuse |
  9. Dustin

    When will the officials in this country listen to the people. The people wanted this law, they are they ones that have to live with all the affects of illegal immigration in their neighborhoods. I think it is about time for the people of this United States to raise up and show everyone that we will no longer take the crap our politicans deal out on a daily basis!

    July 28, 2010 at 2:00 pm | Report abuse |
  10. James

    LOL Yep. It's all everyone elses fault. Must be the left.. I mean the right.. I mean.. wait these are the same beast.

    I'd ask how blind people can be except that's obviously.

    We should just get this over with. Let's just have a civil war and divide this crap up just so we can witness the effect of getting what you want (either side of the fence) The effect will be.. you still won't be happy with anything. What would you all be doing if you weren't complaining about every single thing in existence? Seriously. What would you do with yourselves?

    July 28, 2010 at 2:00 pm | Report abuse |
  11. leshell

    why even have a border if your not going to keep illegals out?

    July 28, 2010 at 2:00 pm | Report abuse |
  12. JAY

    I support active enforcement of immigration law against illegal immigrants, including SB1070.
    However, I don't see this as a problem. If anything, if the DoJ succeeds in stopping enforcement of SB1070, that should be a win.
    Judges have been holding AZ taxpayer dollars hostage to better fund English As A Second Language ed, saying that we'll be penalized harshly for not coughing up more money.
    That's great. If the DoJ says that AZ can't pass and enforce its own immigration enforcement laws, AZ should then sue the federal govt for not enforcing national immigration laws, and we should put it in front of a judge who'll threaten the same kinds of harsh financial penalties on Washington.
    They shouldn't get to have it both ways.

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

      Yes an "activist judge" to do your political bidding. How hypocritically typical of todays wing nuts.

      July 28, 2010 at 2:12 pm | Report abuse |
  13. Mike

    What obligation does this nation have to illegal immigrants. Why do we need more people here when we have high unemployment. A president that support others before unemployed Americans. I will support the Republican ticket for the first time.

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

      Mike stated that he'll vote Republican next time b/c he can't vote for a President who stands for immigrants rather than unemployed Americans. Really, Mike? Your solution is to vote for the party that voted almost uniformly to STOP unemployment benefits? The party that called the unemployed "lazy thugs"? If you care for unemployed Americans, you'll vote for anyone except for the Republicans!

      July 28, 2010 at 2:47 pm | Report abuse |
  14. David

    As a retired Miltary member and having served overseas during an election, I am unnerved by both this Judge and the Justice Department. I swore to denfend and protect all "legal" citizens of this country. Why in heck do I have to give up my tax dollars and positions of work for my family to someone that is here ILLEGALY. I am getting no benifits from the "illegals" being here.

    July 28, 2010 at 2:00 pm | Report abuse |
  15. Henk, Colorado

    Any person arriving in this country illegally from now on will be labeled as being part of the Human Race and will therefore no longer be questioned about their current legal status. Any attempt to do so will be treated as racial profiling.

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