Federal judge tosses key parts of Arizona immigration law

Associated Press's picture
07:07 AM
Jul 29
2010
A group of illegal immigrants listen to a Border Patrol agent while being deported to Mexico at the Nogales Port of Entry in Nogales, Ariz., Wednesday, July 28, 2010. A federal judge on Wednesday blocked the most controversial parts of Arizona's immigration law from taking effect, delivering a last-minute victory to opponents of the crackdown. The overall law will still take effect Thursday, but without the provisions that angered opponents, including sections that required officers to check a person's immigration status while enforcing other laws. (AP Photo/Jae C. Hong)

PHOENIX

A federal judge stepped into the fight over Arizona's immigration law at the last minute Wednesday, blocking the heart of the measure and defusing a confrontation between police and thousands of activists that had been building for months.

Coming just hours before the law was to take effect, the ruling isn't the end.

It sets up a lengthy legal battle that could end up before the Supreme Court -- ensuring that a law that reignited the immigration debate, inspired similar measures nationwide, created fodder for political campaigns and raised tensions with Mexico will stay in the spotlight.

Protesters who gathered at the state Capitol and outside the U.S. Embassy in Mexico City cheered when they heard the news. The governor, the law's authors and anti-illegal immigration groups vowed to fight on.

''It's a temporary bump in the road,'' Gov. Jan Brewer said.

The key issue before U.S. District Judge Susan Bolton in the case is as old as the nation itself: Does federal law trump state law? She indicated in her ruling that the federal government's case has a good chance at succeeding.

The Clinton appointee said the controversial sections should be put on hold until the courts resolve the issues, including parts that required officers to check a person's immigration status while enforcing other laws.

In her preliminary injunction, Bolton delayed provisions that required immigrants to carry their papers and banned illegal immigrants from soliciting employment in public places -- a move aimed at day laborers.

The judge also blocked officers from making warrantless arrests of suspected illegal immigrants for crimes that can lead to deportation.

''Requiring Arizona law enforcement officials and agencies to determine the immigration status of every person who is arrested burdens lawfully present aliens because their liberty will be restricted while their status is checked,'' Bolton wrote.

The ruling came just as police were making last-minute preparations to begin enforcement of the law and protesters, many of whom said they would not bring identification, were planning large demonstrations against the measure.

At least one group had planned to block access to federal offices, daring officers to ask them about their immigration status.

''I knew the judge would say that part of the law was just not right,'' said Gisela Diaz, 50, from Mexico City, who came to Arizona on a since-expired tourist visa in 1989 and who waited with her family early Wednesday at the Mexican Consulate to get advice about the law.

''It's the part we were worried about. This is a big relief for us,'' she said.

At a Home Depot in west Phoenix, where day-laborers gather to look for work, Carlos Gutierrez said he was elated when a stranger drove by and yelled the news: ''They threw out the law! You guys can work!''

''I felt good inside'' said the 32-year-old illegal immigrant, who came here six years ago from Sonora, Mexico, and supports his wife and three children. ''Now there's a way to stay here with less problems.''

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 asked for Wednesday's injunction.

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

They said Arizona shouldn't have to suffer from a broken immigration system when it has 15,000 officers who can arrest illegal immigrants.

In her ruling, Bolton said the interests of Arizona, the busiest U.S. gateway for illegal immigrants, match those of the federal government. But, she wrote, that the federal government must take the lead on deciding how to enforce immigration laws.

The core of the government's case is that federal immigration law trumps state law -- an issue known as ''pre-emption'' in legal circles. In her ruling, Bolton pointed out five portions of the law where she believed the federal government would likely succeed on its claims.

Justice Department spokeswoman Hannah August said the agency understands the frustration of Arizona residents with the immigration system, but added that a patchwork of state and local policies would seriously disrupt federal immigration enforcement.

Federal authorities have argued that letting the Arizona law stand would create a patchwork of immigration laws nationwide that would needlessly complicate foreign relations. They said the law is disrupting U.S. relations with Mexico and other countries.

About 100 protesters in Mexico City who had gathered in front of the U.S. Embassy broke into cheers when they learned of Bolton's ruling. They had been monitoring the news on a laptop computer.

''Migrants, hang on, the people are rising up!'' they chanted.

Mexico's Foreign Secretary Patricia Espinoza called the ruling ''a first step in the right direction'' and said staff at the five Mexican consulates in Arizona will work extra hours in coming weeks to educate migrants about the law.

''None of this is very surprising,'' said Kevin R. Johnson, an immigration expert and the law school dean at University of California at Davis. ''This is all very much within the constitutional mainstream.''

The federal government has exclusive powers over immigration to ensure a uniform national policy that aids in commerce and relations with other countries, Johnson said.

A century ago, differing policies among states led to problems that prompted the federal government to adopt a comprehensive immigration policy for the country, Johnson said.

Supporters took solace that the judge kept portions of the law intact, including a section that bars local governments from limiting enforcement of federal immigration laws. Those jurisdictions are commonly known as ''sanctuary cities.''

''Striking down these sanctuary city policies has always been the No. 1 priority,'' said Republican Sen. Russell Pearce, the law's chief author.

The remaining provisions, many of them revisions to an Arizona immigration statute, will take effect at 12:01 a.m. Thursday.

Brewer spokesman Paul Senseman said the state will appeal Bolton's ruling to the 9th U.S. Circuit Court of Appeals in San Francisco on Thursday, asking the appellate court to lift the injunction and allow the blocked provisions to take effect. The appeal will ask the 9th Circuit to act quickly, Senseman said.

Whatever way that court rules, Bolton will eventually hold a trial and issue a final ruling.

Wednesday's decision was seen as a defeat for Brewer, who is running for another term in November and has seen her political fortunes rise because of the law's popularity among conservatives.

Her opponent, state Attorney General Terry Goddard, pounced.

''Jan Brewer played politics with immigration, and she lost,'' the Democrat said. ''It is time to look beyond election-year grandstanding and begin to repair the damage to Arizona's image and economy.''

Some residents in Phoenix agreed.

''A lot of people don't understand the connection between, 'Yes, we have a problem with illegal immigration' and 'We need immigration reform,' which is not just asking people for their papers,'' said Kimber Lanning, a 43-year-old Phoenix music store owner.

''It was never a solution to begin with.''

------

Associated Press writers Bob Christie, Paul Davenport and Michelle Price in Phoenix, Felicia Fonseca in Flagstaff, Ariz., and Olga R. Rodriguez in Mexico City contributed to this report.

Comments

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Kimo's picture
Jul 31, 2010
07:06 PM

Kimo says

This is a normal comment.

This is an "opinion former" comment.

Salvatore's picture
Jul 30, 2010
01:14 PM

Salvatore says

After reading the comments of some people on various stories, I have come to the conclusion that some of these people think that the Mexican Border is a rent paying Mexican.

http://www.youtube.com/watch?v=eb1n1X0Oqdw&feature=pyv&ad=5414294194&kw=... Please spend less than an hour of your time to watch this documentary. The nation now depends on YOU THE PEOPLE.
6079 Smith W's picture
Jul 30, 2010
10:29 AM

6079 Smith W says

eriemom writes: 

“It is all about cheap labor.” 

You’re right; the Mexican drug cartels don’t like to pay their mules very much - cuts down on the profits.

Americans, who are the largest drug users on Earth, need to stop their smokin', snortin' and shootin'.

Also, Mr. Obama needs to help keep the issue festering as a political issue with people of color for the Nov. elections.

He went to the Gulf four times during the oil spill. He's been to the AZ border with Mexico how many times?

Being able to pick up tar balls and talking all professorial like he understands the problem makes for a much better photo-op for Mr. GQ-in-Chief.

Ayn Rand: "The right to agree with others is not a problem in any society; it is the right to disagree that is crucial."
dorothy gale's picture
Jul 30, 2010
08:38 AM

dorothy gale says

A quote from the article: ''I felt good inside'' said the 32-year-old illegal immigrant, who came here six years ago from Sonora, Mexico, and supports his wife and three children. ''Now there's a way to stay here with less problems.''

Does anyone else see the word "ILLEGAL"?!  So we are to be more concerned that someone who broke the law "felt good inside" than with enforcing the laws of this country?!  Illegal is the key word here!  Why should we overlook that?  This whole mess is totally ridiculous and shouldn't even be an issue.  If you are here illegally then you should be deported.  PERIOD!  I have a friend who spouts the "this country was founded by immigrants from many countries" crap and I tell her, "Yes, but they wanted to, and did, become AMERICAN CITIZENS!"   It sure does make me feel all warm and fuzzy inside to know that an illegal alien feels "good inside" because he can continue breaking the law and get away with it.  The way to stay here SHOULD be to become a CITIZEN.  I've said it before and I'll say it again --- put our troops where they will actually be able to do some good for the CITIZENS of the U.S.!  All along our Southern border.  We don't need new laws; we already HAVE laws.  It's time to start enforcing them.  How difficult is that to understand?!  I don't even have a college education and I understand it.

mikel's picture
Jul 30, 2010
08:25 AM

mikel says

ahhh..what will stop this.  anyone ever visit the east/west german border before the "wall" was tore down?  that will will stop it.  let me paint the pic for you.  guard towers every fifty yards manned by armed guards with machine guns who are just itching to pull the trigger, and did quite frequently i might add.  rows upon rows upon layers of barbed wire stacked sometimes twenty feet high and twenty yards wide and patroled by attack dogs in between the towers.  reported that there were land mines also planted randomly, but i am unsure of that.  not sure how many ever made it through but i believe the number was less than a dozen.  saw it with me own eyes and it was quite an impressive sight.  but then again we wouldn't want to violate the rights of illegals so that might be a bad idea...NOT!

eriemom's picture
Jul 29, 2010
11:03 PM

eriemom says

Resources? Higher fences? Armed militia/National Guardsmen/Border Patrol officers firing at women and children crossing the desert? What WILL stop this illegal immigration? We ALL know the answer, so why do we continue to bicker and make this into a political agenda. It's not. It is all about cheap labor.

Salvatore's picture
Jul 29, 2010
10:58 PM

Salvatore says

See for yourself. Arizona has been invaded.

http://www.youtube.com/watch?v=DOovN7rVTTA&feature=related

http://www.youtube.com/watch#!v=8Mz0eNDOI_0&feature=related

http://www.youtube.com/watch?v=eb1n1X0Oqdw&feature=pyv&ad=5414294194&kw=... Please spend less than an hour of your time to watch this documentary. The nation now depends on YOU THE PEOPLE.
6079 Smith W's picture
Jul 29, 2010
06:57 PM

6079 Smith W says

The President has admitted that the Federal gov't doesn’t have the resources to adequately stop the flow of “undocumented Democrats” from coming into the U.S.

Remember, he’s only been on the job 19 months and “inherited” the worst immigration problem in the history of the universe - cut him some slack.

Ayn Rand: "The right to agree with others is not a problem in any society; it is the right to disagree that is crucial."
Pete's picture
Jul 29, 2010
03:27 PM

Pete says

Eggsackery how does turning illegal aliens over to the Federal Goverment for deportation affect a State prison? If they wanted more prisoners you would think they would like them to stay and commit crimes

White House Spokesman Robert Gibbs on Left Wing Nutjobs: "These people ought to be drug tested," http://www.cleveland.com/darcy/index.ssf/2010/08/obamas_religion_editori...
mikel's picture
Jul 29, 2010
01:47 PM

mikel says

you don't think that the leftwing judge in this had clinton's (her appointor) hand shoved up her back and was pulling the puppet strings all in the name of making obamass come out on top do you.  one lying prez bailing out another lying prez.

brutus smith's picture
Jul 29, 2010
01:19 PM

brutus smith says

 You don't think that because Gov Brewer and other Repub officials have ties to the private prison complex in Arizona has anything to do with this do you? More prisoners more money. Hmmm.

mikel's picture
Jul 29, 2010
12:26 PM

mikel says

salvatore, lets take it one step further.  what do you think the mexican gov would do if a large group of americans would go into mexico and take over a town and start demanding free food, healthcare, education (if you call it that in mexico) and assistance with almost everything else?  think mexico's gov would just say sure we will give it to you because we are afraid to infringe upon your rights and upset you even though you are here illegally?  NOT!

Salvatore's picture
Jul 29, 2010
09:21 AM

Salvatore says

Didn't parts of Arizona get invaded and 3 counties taken over by illegals and drug cartels? Those 3 counties are off limits to American citizens because of the dangers involved. Some of these dummies commenting on here seem to support the drug cartels and illegals taking over parts of Arizona. Arizona is much different than Ohio and other states. Illegals came over from Mexico and took over parts of Arizona. What if a bunch of Middle Eastern or Al-Qaeda men came over from Canada and took over Erie County and killed a few of the local people. Would you all still support the Border Patrol not stopping any olive skinned person and asking for ID to weed out the invaders?

http://www.youtube.com/watch?v=eb1n1X0Oqdw&feature=pyv&ad=5414294194&kw=... Please spend less than an hour of your time to watch this documentary. The nation now depends on YOU THE PEOPLE.
mikel's picture
Jul 29, 2010
08:24 AM

mikel says

might as well just open the prison doors and let all criminals go free.  the message i am receiving from this is that there are no laws on the books that are constitutional.

ragtop66's picture
Jul 29, 2010
07:55 AM

ragtop66 says

P.S.  I truly think this judge made a big mistake.

ragtop66's picture
Jul 29, 2010
07:53 AM

ragtop66 says

I do not understand why there has been and is, so much interference, at the federal government level, to the enforcement of the federal immigration laws.

If the illegals don't have to comply with our laws, then why do the legal citizens have to? If the legal citizens don't comply with the laws, they end up in jail, but not the illegals...and this is FAIR!!!!

Nor do I understand why Calderon has so much say in this issue.

I'm also beginning to think we definately need more people like Brewer and the sheriff of Maricopa Co. higher up in our government. They seem to have more gonads that all the rest put together.

silvereagle_1's picture
Jul 29, 2010
07:36 AM

silvereagle_1 says

i think Brewer should be GIVEN the presidency****she apparently knows about "good" change and how to get things done. wonder how much the judge was paid.


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