Federal Judge Susan Bolten Blocks Provisions of Arizona Immigration Law

July 29th, 2010 - 3:43 am ICT by Angela Kaye Mason  

July 28 (THAINDIAN NEWS) A federal judge has blocked some of the most controversial provisions that were made in the Immigration Law of Arizona, an act which has in effect stopped the state from being able to enforce the new rules which mirror laws already in place by the federal government.

With the newly blocked provisions of the law, the police in Arizona will not be allowed to ask for immigration papers when they are arresting or questioning a suspect. Citizens in other states, however, are still required to hand over proof of identification if asked to do so by police.

Although the rest of the Arizona Immigration Law will still go into effect on Thursday, the partial injunction which was put in place by US District Judge Susan Bolton on SB 1070 will block the part of the law which requires police to ask for papers of identification for anyone whom they stop or arrest.

Aside from making it legal to be in the state with no legal ID, the block also allows anyone to seek employment, even without proof of citizenship, since it blocks the part of the Arizona law which states that proper identification is required for job applicants. It is still required to have proper ID when applying for jobs in other states, as of now, however.

Four sections of the law were struck down by Bolton, who said that she is putting the sections on hold until the courts resolve the issues. She feels that the Obama administration is likely to succeed in these provisions.

“The court by no means disregards Arizona’s interests in controlling illegal immigration and addressing the concurrent problems with crime including the trafficking of humans, drugs, guns, and money,” the ruling said. “Even though Arizona’s interests may be consistent with those of the federal government, it is not in the public interest for Arizona to enforce preempted laws.”

Some of the other provisions will will still go into effect are that the state will still be allowed to block state officials from “sanctuary city” policies, which will limit federal law enforcement, the state officials will still be required to work with federal officials on immigration laws, and civil suits will still be allowed over the sanctuary cities. It will also be a crime to pick up day laborers.

Supporters of the Immigration Law called the ruling misguided. “The federal government has a right and a responsibility to enforce existing laws, but when they fail to meet that responsibility, we should not stand in the way of the states that take action to respond to the very real threat of border violence, drug cartels and human smuggling. There’s nowhere in the Constitution that says a state is limited to what it absolutely won’t do and can be stopped for what it might do and to exercise a judgment against a state that has passed a law that is consistent with existing federal law is beyond absurd.” stated Rep. Darrell Issa, R-Calif.

The ruling can be read in it’s entirety below:-

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