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Federal Judge Blocks Arizona Immigration Law

Discussion in 'Politics, Elections & Legislation' started by wireguy, Jul 28, 2010.

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  1. wireguy

    wireguy TS Member

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    http://www.foxnews.com/politics/2010/07/28/federal-judge-rules-arizona-immigration-law-dispute/


    A federal judge on Wednesday blocked some of the toughest provisions in the Arizona illegal immigration law, putting on hold the state's attempt to have local police enforce federal immigration policy.

    Though the rest of the law is still set to go into effect Thursday, the partial injunction on SB 1070 means Arizona, for the time being, will not be able to require police officers to determine the immigration status of anyone they stop or arrest.

    U.S. District Judge Susan Bolton also struck down the section of law that makes it a crime not to carry immigration registration papers and the provision that makes it a crime for an illegal immigrant to seek or perform work.



    Arizona Gov. Jan Brewer, reacting to the ruling, said the "fight is far from over" and vowed to take the case "all the way to the Supreme Court if necessary."

    "The bottom line is we've known all along that it is the responsibility of the feds," Brewer told The Associated Press. "They haven't done their job so we were going to help them do that."

    In all, Bolton struck down four sections of the law, the ones that opponents called the most controversial. Bolton said she was putting those sections on hold until the courts resolve the issues.

    The ruling said the Obama administration, which sought the injunction, is likely to "succeed on the merits" in showing the above provisions are preempted by federal law.

    "The court by no means disregards Arizona's interests in controlling illegal immigration and addressing the concurrent problems with crime including the trafficking of humans, drugs, guns, and money," the ruling said. "Even though Arizona's interests may be consistent with those of the federal government, it is not in the public interest for Arizona to enforce preempted laws."

    A number of provisions will still go into effect as the case is litigated. Arizona will be able to block state officials from so-called "sanctuary city" policies limiting enforcement of federal law; require that state officials work with federal officials on illegal immigration; allow civil suits over sanctuary cities; and make it a crime to pick up day laborers.

    The ruling came just as police were making last-minute preparations to begin enforcement of the law and protesters were planning large demonstrations to speak out against the measure. At least one group planned to block access to federal offices, daring officers to ask them about their immigration status.

    Justice Department spokeswoman Hannah August said the court "ruled correctly" with its decision Wednesday.

    "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," August said.

    Rep. Luis Gutierrez, D-Ill., one of the most vocal advocates on immigration issues on Capitol Hill, applauded the decision.

    "Arresting people based on their appearance and holding them until you can investigate their immigration status is patently un-American and unconstitutional," he said.

    But supporters of the policy slammed the court's decision.

    "This fight is far from over. In fact, it is just the beginning, and at the end of what is certain to be a long legal struggle, Arizona will prevail in its right to protect our citizens," Brewer said.

    Rep. Darrell Issa, R-Calif., called the ruling "misguided."

    "The federal government has a right and a responsibility to enforce existing laws, but when they fail to meet that responsibility, we should not stand in the way of the states that take action to respond to the very real threat of border violence, drug cartels and human smuggling," he said in a written statement. "There's nowhere in the Constitution that says a state is limited to what it absolutely won't do and can be stopped for what it might do and to exercise a judgment against a state that has passed a law that is consistent with existing federal law is beyond absurd."

    The volume of the protests will likely be turned down a few notches because of the ruling by Bolton, a Clinton appointee who suddenly became a crucial figure in the immigration debate when she was assigned the seven lawsuits filed against the Arizona law.

    Lawyers for the state contend the law was a constitutionally sound attempt by Arizona -- the busiest illegal gateway into the country -- to assist federal immigration agents and lessen border woes such as the heavy costs for educating, jailing and providing health care for illegal immigrants.

    Opponents argued the law will lead to racial profiling, conflict with federal immigration law and distract local police from fighting more serious crimes. The U.S. Justice Department, civil rights groups and a Phoenix police officer had asked the judge for an injunction to prevent the law from being enforced.

    Localities inside Arizona were already preparing to interpret the law in different ways. The Tucson Unified School District's Governing Board approved by a 5-0 vote a policy Tuesday that maintains the district's stance of not enforcing immigration laws in the district's schools.

    The hardest-line approach was expected in the Phoenix area, where Maricopa County Sheriff Joe Arpaio plans his 17th crime and immigration sweep. He planned to hold the sweep regardless of the ruling.

    Arpaio, known for his tough stance against illegal immigration, plans to send out about 200 deputies and volunteers who will be looking for traffic violators, people wanted on criminal warrants and others. He has used that tactic before to arrest dozens of people, many of them illegal immigrants.

    "We don't wait. We just do it," he said. "If there's a new law out, we're going to enforce it."

    Elsewhere in the state, police officials were busy wrapping up training sessions this week. Many of the state's 15,000 police officers have been watching a DVD released this month that signs that might indicate a person is an illegal immigrant are speaking poor English, looking nervous or traveling in an overcrowded vehicle. It warned that race and ethnicity do not.

    Some agencies added extra materials, including a test, a role-playing exercise or a question-and-answer session with prosecutors.
     
  2. comp 1

    comp 1 Well-Known Member

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    In order to keep from contradicting herself,Judge Bolton would have to rule the SAME way with regard to FEDERAL law currently on the books. Is it any surprise that this judge of the NINTH circuit court of appeals ruled this way? NO-the ninth circuit is the same court that ruled in God we trust shouldn't be on dollar bills. What a bunch of left wing loons who in no way understand or represent the majority of American citizens; Obama must be feeling very proud about now--wonder how proud the s.o.b will feel in November?
     
  3. cubancigar2000

    cubancigar2000 Well-Known Member

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    I think Obama pressured the judge. It is all a bunch of BS
     
  4. Barrelbulge(Fl)

    Barrelbulge(Fl) TS Supporters TS Supporters

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    What ever happened to Sirhan Sirhan?
     
  5. bigunn

    bigunn TS Member

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    Did you think it would be any different , at least AZ tried Maybe they should start doing like the dems do cheat lie and steal write another bill keep people in the know .
     
  6. recurvyarcher

    recurvyarcher Well-Known Member

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    I am losing all faith that this country will turn around.
     
  7. slipping into darkness

    slipping into darkness TS Member

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    I like to add that there should only be 4 rep's from each state and they present to the voters bills they would like passed every 4 mts, and we the back bone of this country, decide what gets passed and where all money is going! A lot harder for special interest to buy off 300 million then those loser in D.C. "A Country of The People For The People And Run By The PEOPLE". They have forgot who they represent. "slid"
     
  8. bigunn

    bigunn TS Member

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    My question is , where is that John Mccain hiding when all this is going doesn't look like he repersenting his state? probly wants the eleagle votes too. What a dong he his , He should just join the dumorate party and be done with.I think the state rep should just keep passing bills and tie up old barry and That so call Ag ,holder. Pass one bill and when they file a law suite pass another Barry hates this country and wants us in mud huts like where he came from. Think about all these country are envy for what we done in 200 years and they are still living in mud huts and riding camels.
    Old barry has never had a job that someone hasn't give it to him, just becaue of his color, affirmitive action , He probly could never hold a job where he had to produce anything , heck he even screwed up acorn. rant done. bigunn
     
  9. AJKohler

    AJKohler Member

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    One interesting quirk is that, as I understand it, ICE trains state and local law enforcement officers on how to enforce the Federal immigration law. Is that indicative of Federal preemption? Does it support this injunction? Or does it merely indicate that we have idiots in charge here?

    Tony
     
  10. SirMissalott

    SirMissalott Active Member

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    Undocumented democrats??
     
  11. NANK

    NANK TS Member

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    We undoubtedly have idiots in charge!!! I do not, will not vote for any incumbent period. If they worked for me I would have fired them.

    Ken
     
  12. ivanhoe

    ivanhoe Well-Known Member

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    What I find interesting is this statement right in the beginning of that article.

    "A federal judge on Wednesday blocked some of the toughest provisions in the Arizona illegal immigration law, putting on hold the state's attempt to have local police enforce federal immigration policy."

    The law has been blocked because it is AZ law yet it has been a Federal Immigration Policy for ever and it wasn't taken off the books Wednesday either. Therefore unchallenged still on the books and still unenforced by the Federal Government. They be selective laws, don't you think.

    This country has become a farce on the non-leadership of this foreigner. He is more interested in the feeling of foreigners than protecting the right of the Citizens of this county.

    I think everyone should see this it is a little lengthy 10 miniutes but it show that there is more at stake here than just immagration.

    Bob Lawless


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  13. W.P.T.

    W.P.T. TS Member

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    The Judge just created a bump in the road to making this a reality, though those opposed to the law are elated they really do not have much to be so happy about ... Judge Susan Boltan restricted certain things that are part of the law as written but that can and will be appealed, that you can bet on ... This is not over yet, just like Governor Brewer said and the Fat Lady isn't even in the building yet let alone ready to sing ... This is not an uncommon practice when a Judge is trying to cover her proverbial ass and insert Political Correctness when common sense would suffice ... If its a gun fight they want, its a gun fight they will get ... WPT ... (YAC) ...
     
  14. timberfaller

    timberfaller Well-Known Member

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    What did you expect from a Clinton appointee?
     
  15. wireguy

    wireguy TS Member

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    The bottom line is this judge, who as I read originally was offering opinions that the feds were dead wrong and legally implausible, gave into pressure from the top to stall this until after the Nov. elections. Notice this judge didn't say no, she said wait, let it work it's way through the courts, meaning delay until after November. Justice delayed is still justice denied.
     
  16. W.P.T.

    W.P.T. TS Member

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    The protestors are still at it today in downtown Phoenix, so they obviously are not happy with what the Judge said and the result of her decision ... The Protestors are now demanding that the Elected Sheriff of Maricopa County is fired or resigns his post to make them all happy ... There are supposedly 12 or 13 bus loads of protestors coming in from over in California to make a bigger statement, personally, I think they should all be arrested for something, anything even if its just for trespassing in our state ... The people of Arizona should take base ball bats to those from California for butting in where they have no business and their opinion don't matter ... I think I'll take a ride downtown tomorrow to just walk around with my American Flag Shirt on and a Glock on my hip, exposed so they can see it ... If the people from California want the Illegal, take then bastards home with you and get them the hell out of here ... Self appointed Public Relations Person from Arizona ... WPT ... (YAC) ...
     
  17. Bisi

    Bisi TS Member

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    Something has to be done to stop this INVASION. I really don't know much about Gov Brewer, or Sheriff Joe, since I'm in Indiana, but they seem to be the only 2 in the nation who are trying to stop the invasion. That is reason enough to encourage them to run for national office. If this invasion isn't stopped soon nothing else is going to matter. We are losing this country.

    In parts of Naptown now you have to almost speak Spanish. Been through NW Indiana around Chicagoland lately? May as well be in Tijuana.

    Double digit unemployment in this state, but yet if you drive by the few homes being built they appeared to being built by illegals.
     
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