U.S. District Judge Smacks Down Sections Of Arizona’s Immigration Law

Posted on July 28th, 2010 - By Bossip Staff

Categories: Bolitics, Congratulations, For Discussion, For Your Information, News, One-Time

Arizona Immigration Law

Arizona’s new immigration law has just been dealt a mighty blow today, with a federal judge nullifying some of the most controversial sections of the new law, which was set to go into effect tomorrow.

A federal judge blocked the most controversial sections of Arizona’s new immigration law from taking effect today, handing a major legal victory to opponents of the legislation.

The law will still take effect Thursday, but without many of the provisions that angered opponents — including sections that required officers to check a person’s immigration status while enforcing other laws. The judge also put on hold a part of the law that required immigrants to carry their papers at all times, and made it illegal for undocumented workers to solicit employment in public places.

U.S. District Judge Susan Bolton put those sections on hold until the courts resolve the issues.
“Preserving the status quo through a preliminary injunction is less harmful than allowing state laws that are likely pre-empted by federal law to be enforced,” she said.

“There is a substantial likelihood that officers will wrongfully arrest legal resident aliens,” she wrote. “By enforcing this statute, Arizona would impose a ‘distinct, unusual and extraordinary’ burden on legal resident aliens that only the federal government has the authority to impose.”

The judge’s decision, which came as demonstrators on both sides of the law gathered here, and after three hearings in the last two weeks in which the judge peppered lawyers on both sides with skeptical questions, seemed unlikely to quell the debate.

“I am disappointed by Judge Susan Bolton’s ruling,” Gov. Jan Brewer said in a statement. “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.

“I have consulted with my legal counsel about our next steps. We will take a close look at every single element Judge Bolton removed from the law, and we will soon file an expedited appeal at the United States Court of Appeals for the 9th Circuit.”

Opponents say the law will lead to racial profiling and is trumped by federal immigration law.

Is this just the first step in the right direction? Or will the Department of Justice ultimately have to step in?

Does anyone agree with Arizona’s governor? What’s more important at the end of the day — citizenship or humanity?

Did U.S. District Judge Bolton do the right thing? After all, what about U.S. citizens who happen to be the “wrong” color? Seems like they’ll end up under attack too.

Source

  • MadameMaraj

    First of all, I’m disappointed more bloggers commented on Tara Reid’s whithered backs than this…SMH…anyway, I am torn on this subject because on one hand, as a Black woman-I sympathize with discrimination, stereotyping and racial profiling of any kind BUT on the other hand, what is LEGAL is LEGAL and if you CHOOSE to live in the U.S. then you must follow the laws-the issue becomes a problem when what is said to be LEGAL is unjust, unfair and discriminatory…

  • MadameMaraj

    oh yeah being FIRST on a blog isn’t that big of a deal!

  • honeychild23

    i think that if ppl wanna come live n the u.s., they should do it legally. im not jus talking about mexicans, im talkin about other nationalities as well. its starting to get ridiculous.

  • Delight23

    so I can be illegal and continue to look for work, but the person/company hiring me will be fined. O_o

    so do I just wander amongst the already vast number of legal but homeless US citizens?

    -OR- do I work under the table which by default is also illegal?

    GOTTA LUV THE GOOD OLE US of A.

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  • Zaaquir

    Obama has officially lost my vote in 2012. I can’t support this president and any other politician that has the nerve to use my tax money to fight a state that is trying to find a solution to the problem of illegal immigration, but refuse to do anything about these cities and employers that knowingly invite, employ, and use forms of social services that are for American citizens to help illegal immigrants. The fight is on now. There’s no way that these politicians can ignore this problem now.

    Thank you Arizona!

    By the way, if the States cannot use its police officers to enforce the immigration laws that the Federal government is suppose to enforce then any crime that is considered to be a federal crime shouldn’t be able to be enforce by the state police. That means no jail for bank robbers, federal murders, drug dealers that traffic drugs from state to state,etc. unless the FBI is the one that catch them.

  • Me

    zaaquir, you’re not quite right about preemption. states can concurrently enforce areas of law traditionally left to state enforcement. immigration is just not one of those areas. you’re also mistaken about what arizona was doing and the federal government’s position. no one says give illegals all the privileges citizens get. the problem is the way the law is written. the smartest cop couldn’t look at a group of people objectively and tell which ones are legal and which are not. that’s where AZ went wrong. furthermore since everyone is hollering LEGAL this and LEGAL that. why not follow danggone constitutional law ie. the feds can preempt state law and when the feds do that (which they’ve done here) the states need to sit down. if you don’t like federal laws, vote in new congress members and get the law changed.

  • Panther

    @ cisco kid you are EXACTLY RIGHT! count me in

  • Lady_Star

    Me – Thank you for taking the time to re-educate some of these ppl.

    Either way, I’m always against discrimination. Immigration laws should not just target Mexicans but ALL immigrants.

  • Lady_Star

    BTW if I have to walk around with documents stating that I’m a Citizen, which I am, then EVERYONE should have to do the same.

  • CreoleMa

    It is their land as much as it is our land! Sooner or later everyone except for whites are going to have to show papers!!

  • Injera70

    Mexicans don’t have no black people’s back at all. I support what AZ is doing to a certain extent,if you are illegal it does not matter where you are from you should be bounced out. Our President seems spineless on this issue.

  • Amexica

    If you cross the North Korean border illegally you get 12 years hard
    labor.

    If you cross the Iranian border illegally you are detained indefinitely.

    If you cross the Afghan border illegally, you get shot.

    If you cross the Saudi Arabian border illegally you will be jailed.

    If you cross the Chinese border illegally you may never be heard from
    again.

    If you cross the Venezuelan border illegally you will be branded a spy
    and your fate will be sealed.

    If you cross the Mexican borders illegally you will jailed for two years.

    If you cross the Cuban border illegally you will be thrown into political
    prison to rot.

    If you cross the United States border illegally you get:
    1 – A job
    2 – A driver’s license
    3 – A Social Security card
    4 – Welfare
    5 – Food stamps
    6 – Credit cards
    7 – Subsidized rent or a loan to buy a house
    8 – Free education
    9 – Free health care
    10 – A lobbyist in Washington
    11 – Billions of dollars in public documents printed in your language
    12 – Millions of servicemen and women who are willing to – and do – die
    for your right to the ways and means of our constitution
    13 – And the right to carry the flag of your country – the one you walked
    out on – while you call America racist and protest that you don’t get
    enough respect.

    Just a re-post from Yahoo that I thought was sooo right.

  • nystateofmind

    wow!!! Amexica i some what agree. my mom was an immigrant but she did it the legal way she had to walk with papers all the time until she became an citizen whats going on in arizona is not fair to the people who are doing it the legal way. but i just dont believe in the profiling that would occur due to that law

  • Please

    There is some serious understanding problems with this whole issue. Many illegals do NOT seem to understand that YOU ARE NOT an immigrant until you get your paperwork done. Just because you dodged the border patrol and made it over here DOES NOT make you an immigrant it makes you illegal.

    The illegal people who truly want to stay here and help our country are busy getting their paperwork together to get their citizenship. Not running around the streets b@tching and moaning.

  • ReALiSt aKa ReALeSt (TiMe To KiLL FoR oUr WoMeN & HeAL OuR WoMeN – KeEp Ya HeAd Up!!)

    This post ain’t complete without @LaDiva, where you at, mami?????

    I know you’ll drop your race unity sermons and ride ya Latino people like you always do.. Let go!!!

    Bwahahahahahahahaha!!

  • Nique

    LMAO @ the sign being held “Immigrants are not Criminals”…Uh Legal immigrants are not criminals but if ur here ILLEGALLY then ur a criminal period.

    Oh n f*uck Susan Bolton

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  • Rock W/ Me

    @ Amexica…. What you said!!! That post is so spot on. America is the only place that is so freakin lenient and accomodating to illegal immigrants. It’s really a downward spiral from here, and will continue to be, because when someone is attempting to do something to address the issue (like Arizona) so many people get up in arms about it! Illegal is illegal.

  • Tracy

    Anything against the law is illegal. If we take thier explanation, we might aw well let go of all the drug dealers that only sold drugs. Thye just want to make a living and feed their families too.

  • chocalatetunda

    Wow. I’m all for the law in Arizona. Obama you had my vote but you are really starting to disappoint me. i dont think i will vote for you in the next election. Immagration is a serious issue thats not being handle right and illegals are winning the battle right now and you are all for it. Why is some Americans so against this. this has nothing to do with humanity there not being mistreated all Arizona is saying like so many other Americans is that your not legal and get out or do it the right way. We have our on damn problems and we dont need the extra baggage.

  • Shadow

    La gente del Latino se levanta y une.

    Boricua hasta muerte, los daños de la verdad.

  • ANNOYED

    @AMEXICA…I AGREE 100%

    JUST THIS MORNING I WAS SITTING ON THE TRIAN GOING TO WORK, WHEN ALL OF A SUDDEN 3 MEXICAN WOMEN 4 TODDLERS AND 2 INFANTS CAME ON THE TRIAN…

    THEY WERE ON THEIR WAY TO THE WELFARE OFFICE ( OF COURSE ) SOMEONE ON THE TRIAN CALLED THOSE KIDS “ANCHOR BABIES”…I ASKED WHAT DOES THAT MEAN…SHE SAID “IT MEANS, THOSE MEXICANS HAVE A BUNCH OF BABIES JUST TO STAY HERE AND GET ON WELFARE AND FOOD STAMPS”

    AND ANOTHER THING IS…MEXICANS ARE RACIST TOWARDS BLACK PEOPLE BUT, WHAT NEIGHBORHOOD DO YOU SEE THOSE ILLEGAL IMMIGRANTS LIVING?

    IN BLACK NEIGHBORHOODS!

    PUERTO RICANS DON’T F/UK WITH MEXICANS NIETHER DOES DOMINICANS!

  • ANNOYED

    I MEANT TRAIN

  • Chris1761

    @Amexica

    No offense, but that was one of the worst points made all day. If you steal something in Saudi Arabia– then they cut one of your limbs off. If you steal in Afghanistan, you could end up shot. If you cheat on your husband in most of the countries listed in your post (with the exception of North Korea) you will be stoned to death. These are countries that lack humanity and we DO NOT need to take any pages out of their book.

  • TheRider

    There was a article on CNN, 18 year old student was upset because she couldn’t get into an Ivy League college because her parents brought her here illegally when she was a few months old. Understand? Illegally! So she wants to get an exception because she can’t help the fact that her parents brought her here? BS! In the 17 years they’ve been here, they didn’t become legal? Don’t play that dumb crap, her parents knew exactly what they were doing……like they all do.

  • RealTalk247

    It is against the law to entering to any country “illegally.” The breaking of a law is crime. Therefore, illegals are criminals. What is wrong with these people twisting and breaking our laws to suit themselves. Let them try this cra*p in another country and see what happens! We have cowards for leaders who only are looking for votes.

  • Mimi

    I am a Mexican American (3rd Generation) My family has been born here in the USA as far as I remember…I think the idea of the law is good! The USA has been a safe haven for many people who do not deserve it! And, I’m sorry but people come her expecting food stamps, shelter, and food in their 10 babies mouths! I support anyone who wants to come here for a better life and who takes the right steps to getting legal! AND WHO PAY TAXES and not just take my TAX MONEY! The USA caters to illegal immigrants! I’m tired of illegal immigrants taking AMERICAN CITIZENS places in line! And then having the nerve to cry or get upset when people are tired of paying for their stuff! And when I say illegal immigrants I mean illegal immigrants not just mexicans people from all over. I do believe it is racial profiling too…I don’t want to be pulled over for “looking illegal” so it’s a good thing they put a block on that but it’s a shame the USA had to come to this! If they would have put a their foot down a long time ago they would not be in this position!

  • Zaaquir

    @Me
    Actually, we BOTH are mistaken in thinking that our opinion about what Arizona and the Federal Government is trying to do is indeed a fact. The only thing we can do is state an opinion on it. That’s what I was doing. From reading the Arizona law and the federal immigration laws, in my opinion; the AL is saying the exact same thing that the federal law is saying. The only difference is that Arizona gave power to State police to inquire about legal status if the person is suspected or arrested for committing another crime. It didn’t say anything about stopping people to inquire about their status in this country period. With that said, I do feel that the police are train as good as they can be in trying to find who is responsible for a crime that will lead them to be able to inquire about that person status. I must believe that because it is unsettling to me to feel that what help we do have with controlling crime may not be qualified to do so. I think what is leading some people to believe racial profiling is dealing with this law is that they choose to omit the part of “inquiring only when suspected of or arrested for another crime”.

    In addition, I didn’t say that the feds can’t preempt state laws. My point was, this ruling has open up a major argument between the state and federal government about the laws. Don’t think this ruling is only going to have an effect over just the federal immigration laws when it comes to what the state can and cannot do. Furthermore, if the federal gov refuse to do their job in enforcing the immigration laws that they came up with and refuse to let the states do what they can do to protect themselves then something is really wrong with this country.

  • Danielle

    I totally agree they all need to go back to Mexico. As an black american I have to learn to speak there language in order to talk to them if there coming over here they need to learn to talk to us. The same with employment some jobs want to know if you speak fluent spanish before they hire you now what kind of bs is that.

  • Zaaquir

    @Me
    You said that “States can concurrently enforce areas of traditional laws left to state enforcement. Immigration is just not one of those areas”.

    My question to you is if immigration is not a area the feds will allow states to concurrently enforce, then why are they letting these sanctuary cities come up with their own laws for immigration? It seems highly double standard that Arizona law for immigration is challenge by the feds, but these sanctuary cities laws are not.

  • LaDiva

    @ Realest

    I’ve already spoken my stance on this matter. NO need to repeat what I’ve already stated. But I do stand by it all the same…Lol enjoy your day…

  • Stephen

    Mexicans don’t like blacks believe it or not. The reason why I don’t like this law is because they are over stepping the federal GOVT.If this is allowed each state will be able to make their on laws across the country which intern my affect me as a black man.I’m not really concerned about Mexicans because they are not concerned with my issues. I don’t want each individual state official who my have problems with race to have power to make their own laws. Remember Arizona did not even want to acknowledge the king holiday.

  • http://aMexican jackie

    It saddens me to read some of the comments made on this topic. Some of you keep saying Mexicans don’t stick up for blacks… Let me enlighten some of you. The illegal Mexicans don’t even stick up for themselves! Not because they don’t want to but
    for one they can’t and two they are scared.
    People that are opposing this law are people like me, American Citizens with Mexican backgrounds or just plain good people that know what humanity means.
    I am all for some sort of legalization so that the illegal can pay taxes and contribute to society the way that MOST of us do. Some say deport them all. Trust me if there was a way of feeding their families in their native countries they would have stayed there with no hesitation; rather than come here and be belittled and discriminated against by even other minorities. They aren’t here because they want to but because they have to.

    Let me ask you this. Are you going to work cleaning bathrooms or filthy hotels 12 hours a day, 7 days a week for 200.00 a week? I am 3rd generation American, I come from a Mexican background. I speak 4 languages fluently. I have completed 6 years of college.
    There will be a day where you will see a generation like me. And believe me, after seeing what their grandparents, parent went through they will be more than happy to stick up for all that are discriminated against!

  • jackie

    @please..
    My point was simple. We should step aside from our selfish, distructive, eff the world that doesn’t do for me mentality and find a solution to the problem.. vote and act on it! Most of the comments are senseless, unjust and mean. No wonder we as a country are in the position we are.. Our generation falls short when it comes to real issues!

  • blazin

    viva mexicans !!! racial profiling is wrong !! cant beleive the stupid black people on here agreeing with this law . it has nothin to do with immigration and is just part of the plan to eliminate all minorities. illigals arent able to get welfare or any other benefits without s.s. numbers so half of u guys or just dumb. do some research and youll find most lazy people on welfare or white or black dummies

  • o.b.a.m.a.

    @jackie TOTALLY AGREE WITH YOU 100% A LOT OF THESE OPINIONS ARE IGNORANT. BUT EVERYONE HAS A RIGHT TO AN OPINION.

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  • the lioness

    I agree something need to be done but having to walk around with papers is a bit much all this will do will open a bigger door to start harrassing all minorities i just seen that they are trying to overturn the 14th amendment where even if you are born in american if you have parents that are immagrints you can be deported that cannot happen instead of fighting against mexicans we need to come together government is a common enemy that were are too busy fighting amongst each other to be paying attention too its time to wake people of color we got to or we may end up how things were before fd- up for all people of color not just mexicans today tomorrow it may be blacks you know we aint never to far from their minds

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