Wednesday, July 28, 2010

Federal judge puts breaks on controversial parts of Arizona immigration law

This is good news, but lawyers for Gov. Brewer are expected to appeal and this may go the United States Supreme Court:
A federal judge on Friday, weighing in a clash between the federal government and a state over immigration policy, blocked the most controversial parts of Arizona’s immigration enforcement law from going into effect.

In a ruling on a law that has rocked politics coast to coast and thrown a spotlight on a border state’s fierce debate over immigration, Judge Susan Bolton of Federal District Court here said that some aspects of the law can go into effect as scheduled on Thursday.

But Judge Bolton took aim at the parts of the law that have generated the most controversy, issuing a preliminary injunction against sections that called for police officers to check a person’s immigration status while enforcing other laws and that required immigrants to carry their papers at all times.

Judge Bolton put those sections on hold while she continued to hear the larger issues in the challenges to the law.

“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.”


Victoria said...

I think it is especially cool that it was a female judge who put the breaks on this ridiculousness. Yay women!

Amelia said...

I'm just beyond relieved that someone stepped in and did something. Even if this ends up going to SCOTUS, it's better than letting it glide on through.

Anonymous said...

How is it a "good thing"? How is the law ridiculous?

When every single other nation on earth has closed borders and immigration policy, why are we expected to allow in millions upon millions of people who do not have our country's best interests at heart? People who only see our nation as a place for them to use, abuse, and screw up before jetting back home with the money they illegally earned?

Something needs to be done. The federal government is all too keen on doing nothing to protect the citizens of the US against this, so the states have to step up and do it.

Funny thing: The majority of violent crimes, drug offenses, and rapes in all border states... Come from illegal Mexicans.

Still support them?

Amelia said...

Anon, you're lucky I let your comment through, as I'm strict on moderation and what you posted is full of race-based generalizations. Blaming Mexican immigrants for "using, abusing, and screwing up" America? Please. That is the easy "I want to hate on someone for the way things are in America, so why not pick people who are easy targets - people of color?" bway to conceptualize things.

Do you think that "something needs to be done" based on your racist generalizations, or do you have any facts to back you up?

Same goes for you assertion: "The majority of violent crimes, drug offenses, and rapes in all border states... Come from illegal Mexicans." Where did you get this information? I'm curious.

And yes, I still support people who are being attacked merely for their skin color/country of origin because I believe in human rights and I stand against people spouting off racist "facts" in order to support their undue hatred of people who are different than themselves.

Amelia said...

It feels good to reject comments from bigots. :)

gimcrack girl said...

Anon,we don't have 'closed borders' in the UK, and I live in an area that has a lot of people recently settled from other countries, i think it's really good thing to have a diverse community.

Furthermore as a feminist, whilst our deportation / immigration laws don't always get it right (Yarl's Wood, for eg),it's good that we have such considerations in place for survivors of domestic violence (for eg) to help people from other countries

Tiberius said...

What does need to happen is a more effective form of regulation. Something does need to be done, but this particular law just made it too easy for racial profiling to override police decisions. And immigrants or citizens who are in fact legal shouldn't be forced to change their behavior or do anything differently just because they look like a preconceived image of an illegal immigrant.