U.S. District Judge Susan Bolton ruled an injunction of several major portions of Senate Bill 1070, Arizona’s controversial new immigration law, from going into effect at midnight Wednesday, July 29.
The federal government sued the state of Arizona on July 6 to block parts of the bill.
In the 36-page ruling, Bolton blocked:
• Portion of Section 2, requiring police officers to attempt to determine the immigration status of a person detained or arrested if there is a reasonable suspicion that they are illegally in the United States, and requiring verification of the immigration status of any person arrested.
•Section 3, creating a crime for failure to apply for or carry alien registration papers.
•Portion of Section 5, creating a crime for an unauthorized alien to solicit, apply for or perform work.
•Section 6, authorizing the warrantless arrest of a person where there is probable cause to believe the person has committed a crime that makes the person removable from the United States.
Minor sections of the law were not challenged by the U.S. Justice Department and will still go into effect, such as making it a crime to pick up day laborers if it impedes traffic, reenforcing the ban on intentional or knowing employment of illegal immigrants, and allowing residents to sue officials who don’t enforce immigration laws.
“We believe the court ruled correctly when it prevented key provisions of SB 1070 from taking effect,” Hannah August, U.S. Department of Justice’s Office of Public Affairs stated in a press release. “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.”
“States can and do play a role in cooperating with the federal government in its enforcement of the immigration laws, but they must do so within our constitutional framework. This administration takes its responsibility to secure our borders seriously and has dedicated unprecedented resources to that effort,” August stated. “We will continue to work toward smarter and more effective enforcement of our laws while pressing for a comprehensive approach that provides true security and strengthens accountability and responsibility in our immigration system at the national level.”
“I am disappointed by Judge Susan Bolton’s ruling,” Gov. Jan Brewer stated in a press release. “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,” Brewer stated. “I will battle all the way to the Supreme Court, if necessary, for the right to protect the citizens of Arizona.”
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