Judge Crushes Arizona

Posted: Jul 28, 2010 2:14 PM
Arizona Federal Judge Susan Bolton has given her ruling on the DOJ's claim SB 1070 preempts federal law. She has granted a partial injunction to the Federal Government by blocking the most controversial and essential parts of the bill. 

Measures blocked include allowing police officers to determine immigration status after lawful contact, making it illegal to block traffic to pick up day laborers, being in the country illegally a state crime and requiring immigrants to carry legal documentation on their person at all times. Townhall Editor Kevin Glass has found some of the relevant provisions of Arizona Law SB1070 that have had an injunction placed on them: 

Portion of Section 2 of S.B. 1070
A.R.S. ? 11-1051(B): requiring that an officer make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested if there is a reasonable suspicion that the person is unlawfully present in the United States, and requiring verification of the immigration status of any person arrested prior to releasing that person

Section 3 of S.B. 1070
A.R.S. ? 13-1509: creating a crime for the failure to apply for or carry alien registration papers

Portion of Section 5 of S.B. 1070
A.R.S. ? 13-2928(C): creating a crime for an unauthorized alien to solicit, apply for, or perform work

Section 6 of S.B. 1070
A.R.S. ? 13-3883(A)(5): authorizing the warrantless arrest of a person where there is probable cause to believe the person has committed a public offense that makes the person removable from the United States

Arizona will have the opportunity to appeal the decision to block portions of the bill to the 9th Circuit Court in San Francisco. San Francisco is a sanctuary city. The parts of the law not blocked by Bolton will go into effect on schedule tomorrow.

Arizona is the loser in this case for now. Bolton threw out the portion of the bill that would have allowed police officers to inquire about immigration status after a crime was committed, essentially the entire purpose of SB 1070, rendering the law nearly useless.

Cochise County Sheriff Larry Dever said to Fox News' Shannon Bream that he is "disappointed," and that "there are dangerous people coming across our border." He went on to explain how dangerous the border really is with home invasions, drug smuggling, human smuggling and people like long time rancher Robert Krentz being killed on their land.

In regards to the racial profiling lawsuit Eric Holder is expected to file once approved parts of SB 1070 go into effect tomorrow, Dever said it is a slap in the face to those in the field to accuse them of racism for simply doing their job and keeping people safe.

Governor Jan Brewer is expected to release a statement regarding the ruling this afternoon. Governor Brewer has the option to call the State Legislature back into session to re-write SB 1070 or a new law altogether.

Congratulations to the open border groups who said they wouldn't comply with the new law regardless of the decision. Bolton has left the issue of securing the border to a failed federal government, and therefore it will never be fixed. 
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