July 28, 2010
PHOENIX – 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.
READ JUDGE BOLTON'S RULING HERE (PDF)
GOV. JAN BREWER'S STATEMENT ON JUDGE BOLTON'S RULING
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."
The Mexican government praised the judge's decision. Foreign Minister Patricia Espinosa told reporters that the injunction was a "first step in the right direction."
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.
ALSO:
Gov. Brewer Vows to 'Battle All the Way to the Supreme Court'
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