By Jim Hagerty
Examiner.com
It didn't take long for opponents of SB 1070 to celebrate after U.S. District Judge Susan Bolton blocked a key part of the Arizona immigration law Wednesday.
The bill was controversial from the start, sparking criticism from President Barack Obama, who cited the bill teetered on violating the U.S. Constitution.
As written, SB 1070 required all immigrants to carry immigration papers and gave law enforcement officers the right to check the immigration status of those they suspected were in the country illegally.
However, Bolton issued an injunction that blocked the section pertaining to required possession of immigration paperwork. Critics, including the president, claimed such a requirement could only be enforced by blatant racial profiling and lead to a rash of arrests without probable cause.
Bolton also blocked a section that would have required law enforcement officials to check the immigration status of all jail inmates before they were released.
Some say the injunction is a victory for the White House, which continues to face cries that the Obama administration is too light on immigration enforcement.
Arizona is the fifth state to introduce laws to criminalize illegal immigration on the state level. At least a dozen others are considering introducing similar bills.
In making her ruling, Bolton cited that part of the law was an attempt to override federal law and that it would overload federal immigration officials.
“The number of requests that will emanate from Arizona as a result of determining the status of every arrestee is likely to impermissibly burden federal resources and redirect federal agencies away from the priorities they have established,” Bolton stated. “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."
Bolton heard arguments from the White House and Justice Department. Attorneys argued that SB 1070 interfered with the executive branch's control and ability to enforce immigration on the federal level.
In terms of racial profiling, Bolton said the law, as-written, would place undue burdens on immigrants presently in Arizona legally.
She did, however, give Arizona lawmakers credit for their stand on controlling undocumented immigration, noting the ongoing problems of drug smuggling, human trafficking and gun-running in and out of Mexico.
There is an estimated 460,000 undocumented immigrants in Arizona. The new law was drafted to deter them from remaining in the state.
Wednesday morning, thousands of immigrants began fleeing Arizona, leaving apartments vacant and pulling children out of schools.
The law makes it a crime to be in Arizona without documentation and for employers to hire or transport undocumented migrant workers.
When Bolton's injunction will be lifted was not known at press time, however, the ruling could spark several more court battles that could bring the case to the U.S. Supreme Court.
Comments
stupid bad judgment of a bad judge and incompetent people who support it ought to be stripped of their citizenship deported for not doing the will of the people ,and allowing the illegals to take cuts in front of the line is all they are doing!! the judge should be found guilty and hung with the rest of the supporters
Even if it were constitutional, the Arizona law would be contraproductive. Our country needs a steady flow of relatively young immigrants to keep it strong economically and militarily. The biggest problem is that we lack good procedures for credentialling the folks who are already here so that they can stay and work on reasonable terms. That's not the same as automatic citizenship. Many do not even want that. They would prefer to work in the United States for certain periods and go back home for the rest of the year. Almost all of the 11 million illegal immigrants should be given credentials so that they are no longer illegal. Going forward, the number of work VISAs should be multipled by 100.
The above still will not solve the problem of drug related violence. But that one also has a fairly easy solution. Legalize marijuana a some of the other drugs, regulate them and tax them.
If you deported all illegals, how many jobs would be created?
Got something to say?
Examiner.com is looking for writers, photographers, and videographers to join the fastest growing group of local insiders. If you are interested in growing your online rep apply to be an Examiner today!