Parts of Arizona Immigration Law Blocked by Judge
A federal judge has moved in to block some key provisions of the Arizona immigration law:
A federal judge is blocking key provisions of an Arizona law targeting illegal immigrants from taking effect as scheduled Thursday, citing the likelihood that the controversial state law will interfere with the federal government’s authority to set immigration policy.
In 36-page ruling issued Wednesday, Judge Susan Bolton granted much of the Justice Department’s request for a preliminary injunction against the Arizona legislation, described as the toughest law of its kind in the nation. Bolton said the most widely publicized provision in the law—a requirement that police determine the immigration status of people they arrest or question—was certain to result in improper, protracted detention of foreigners and US citizens alike.
The law will take effect Thursday. Arizona Governor Jan Brewer had no immediate comment on the ruling; the state could seek a stay of Bolton’s order from the 9th Circuit Court of Appeals or, if that fails, from the Supreme Court.
Hannah August, a Justice Department spokeswoman, said Bolton “acted correctly” by sidetracking key provisions of the law, known as SB1070, and reiterated the Obama administration’s concerns that it usurped federal authority to set immigration policy.
“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,” August said in a statement. While states can have input, she said, “They must do so within our constitutional framework. 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.”
The White House said President Barack Obama, who criticized the law in a speech last month at American University, had no immediate comment. The President was en route to New Jersey for a meeting with small business owners when Bolton’s ruling was released.
On Capitol Hill, Senator Jim DeMint (R-S.C.), a staunch advocate of stricter immigration laws, said Bolton should have upheld the law in its entirety to help secure the nation’s border with Mexico. Otherwise, "I don't know where that leads us except with chaos."
