Arizona federal Judge Susan Bolton says there will be no sanctuary cities in the state, but sided with the Obama administration on key provisions that resulted in a bevy of lawsuits and boycotts.
Both sides do agree that the immigration lawsuit ruling leaves room for a robust interpretation of many issues. For example, buried in a footnote, police have the authority to inquire about immigration status, but the State can not require law enforcement to do so. This provision may have inadvertently created Arizona’s very own ‘don’t ask and don’t tell’ policy.
Another significant portion of the 36-page ruling directly contradicts a federal law and gives illegal immigrants more leeway in Arizona.
Current federal law at Title 8 USC Sec. 1304(e) already requires legal resident aliens to carry their registration card at all times and are subject to conviction for a misdemeanor, imprisonment, and a $100 fine per offense.
(e) Personal possession of registration or receipt card; penalties every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section. Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.
While the initial verdict of SB 1070 brought cheers from the left and the right deflated, further reading found not all was lost.
A key provision that was stuck down dealt with possible misidentification of legal residents.
“There is a substantial likelihood that officers will wrongfully arrest legal resident aliens under the new [law],” Bolton, a Clinton appointee, wrote in her injunction. “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.”
The Department of Homeland Security Secretary and former Arizona Governor Janet Napolitano’s office was quick to issue a statement regarding the SB 1070 ruling.
"The court's decision to enjoin most of SB1070 correctly affirms the federal government's responsibilities in enforcing our nation's immigration laws,” said Matt Chandler DHS deputy press secretary. "Over the past eighteen months, this Administration has dedicated unprecedented resources to secure the border, and we will continue to work to take decisive action to disrupt criminal organizations and the networks they exploit. DHS will enforce federal immigration laws in Arizona and around the country in smart, effective ways that focus our resources on criminal aliens who pose a public safety threat and employers who knowingly hire illegal labor, as well as continue to secure our border."
A quick response to the Arizona lawsuit ruling from Department of Justice spokeswoman Hannah August also lauded the judge’s decision. "We believe the court ruled correctly when it prevented key provisions of SB 1070 from taking effect. 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.”
It is worth pointing out that the Obama administration has continued to deport record numbers of illegal immigrants, but they have also failed to secure the country’s borders. Advocates for serious immigration reform agree immigration reform starts with securing the borders first.
"This administration takes its responsibility to secure our borders seriously and has dedicated unprecedented resources to that effort. 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."
Overall SB 1070 takes effect Thursday at midnight, but without many provisions that gave the law real teeth.
Senator of Arizona and former Republican presidential candidate, John McCain said he was deeply disappointed by the decision and disagreed with the judge’s view that additional enforcement of law would pose a burden on federal government therefore hindering the government’s ability to carry out their responsibilities... “It’s disappointing for the citizens of my state.”
“The bottom line is that we need to secure the border,” he told Fox News.
In a joint statement Arizona Sheriff’s Paul Babeu of Pinal County and Larry Dever of Cochise County (Sheriff in the county where rancher Robert Krentz was murdered) said; "Incredibly, even though there is not one person who can legitimately claim to be harmed by a law that has not even taken effect, the result of an injunction is de facto amnesty through non-enforcement of laws against illegal immigration."
The Sheriffs added that "The federal government refuses to secure the border and leaves it to states like Arizona to bear the costs of its inaction. Yet, when we try to do the job they won't do, in a manner consistent with federal law, they stop us. You couldn't make up something this ridiculous."
America’s toughest sheriff, Joe Arpaio said the decision in the courtroom would not impact his tolerance of lawbreakers. "Activists and their celebrity sympathizers who wish to target this community and this sheriff by attempting to disrupt our jail and patrol operations will be unsuccessful, as we will be fully prepared to meet those challenges head-on with appropriately staffed personnel and resources."
When the law took aim at the sanctuary city policy, Judge Bolton left nothing to chance – Arizona will not tolerate rogue cities trying to skirt federal immigration laws.
The judge used the Hines case for guidance. It defined that a state statute is preempted where it “stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.”
The Supreme Court determined in Hines that the purpose of the Federal Alien Registration Act was to “make a harmonious whole” and that the Alien Registration Act “provided a standard for alien registration in a single integrated and all-embracing system. As a result, the Hines case held that the state registration scheme at issue could not be enforced.
Legal gurus believe that if the open borders people are relying on federal preemption from state laws regarding immigration, why does the U.S. Attorney General not take action against sanctuary cities that clearly "... stand as an obstacle to the accomplishment of the full purposes and objectives of Congress."
Since DOJ’s top lawyer Eric Holder relies on the immigration scheme of Congress in opposition to Arizona’s actions and these actions of states and cities that proactively offer sanctuary (in violation of federal law - i.e., harboring, aiding, abetting ...) even more egregious than anything the Grand Canyon State has proposed, it seems the judge wants it both ways.
Many say if you review all of the provisions of SB 1070 that the court left intact, there are many things for illegals to be concerned.
Arizona Governor Jan Brewer will fight the ruling
As expected Arizona Governor Jan Brewer spoke out about the ruling. She said; "We knew regardless one side or the other would appeal … absolutely the federal government got relief from the courts," adding that the federal government needs to step up and do its job.
The governor office released an official statement after the ruling saying Brewer was disappointed, but "heartened by some findings – including the ban on sanctuary cities."
The spunky governor said the fight was not over and alluded to opponents that this was only the beginning of what will likely end up at the Supreme Court.
“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 further claimed “We have already made some progress in waking up Washington. But the question still remains: will Washington do its job, and put an end to the daily operations of smugglers in our nation, or will the delays and sidesteps.”
California is another border state that sees the extremes of illegal immigration.
"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," said Congressman Darrell Issa (R-CA.).
The majority of American citizens know something has to be done with illegal immigration, but they also declare the borders must be secure, something the Obama administration sidesteps everyday.
For more stories; http://www.examiner.com/examiner/x-10317-San-Diego-County-Political-Buzz-Examiner
Comments
How can a state judge disallow a federal law? This is ridiculous. And if the federal government is securing our borders we are in trouble. The flow of illegals has not even slowed down. They are not doing their job: Protect CITIZENS of the US. They only seem interested in protecting illegals. Our forefathers would be sorely distressed by our current leadership.
Poor bastards, make the illegal aliens work for you. Live in nanny $200/month, expert landscaper $50/month, better lifestyle due to savings… PRICELESS! The only thing you have to do to appreciate illegals is to move up the top 15% of household income (aprox. $100K/year). All the poor bastards that bash illegals dream with a Kardashian lifestyle and blame all their troubles on illegals, but one thing is for sure, they know the plots of all reality TV shows. Illegals are here to stay, every single company that wants to save big bucks, like me, will keep hiring illegals. Fruits, legumes, white meat, red meats, hotels, and restaurants (to name a few) are cheaper thanks to illegals. Be thankful. Are you worried that we are paying for Illegals’ kids education and health care? You should be more worried about the 735 trillion dollars that the Iraq war has cost to date. Are you worried about crimes committed by illegals? You should be more worried about the 4,735 patriotic troops killed in
Are you worried about crimes committed by illegals? You should be more worried about the 4,735 patriotic troops killed in the senseless Iraq war. So, don’t be crybabies, get off the couch and set the 15% goal. I guarantee that your feelings towards illigals will change. Life is good. Cheers!
He's a criminal who works for Mex-sicko and the drug cartels.
Arizonans are in a battle for their lives. Support Arizona.
Of Americans are tired of the lies from Obama and the radical left.
Revolution is coming my friends and those who support anarchy and lawlessness will be crushed! Mexico and their agents have kicked the sleeping American giant and they are paying the price now.
Long Live the Republic!
If the federal government says states cannot make up their own laws the ALL SANCTUARY CITIES need to GO AWAY. No protection for the illegal criminals. A lawsuit is imminent. Leave us in Arizona alone, feds. We neither want nor need your meddeling. You don't know what is like here in Tucson.
IMPEACH OBAMA - PLEASE. Also, MAKE YOUR VOICE HEARD IN NOVEMBER. Weneed to take our country back.
Yeah. Our forefathers would also be sorely distressed by our avancement in African American race issues and women's rights. Just something to think about.
Stand with us folks, we're slowly winning this battle against the criminals and smugglers in our state. We're going to win this thing. Obama is just trying to buy time to ram through Amnesty. We can't let him get away with that.
Keep fighting! Demand that Obama secure our open border.
Our forefathers would stand with Arizona. First, Arizona has the right to protect all its citizens. Second, Arizonia is just enforcing existing law. Laws are made to be enforced. We are a country of laws. No one including Washington has the right to pick and chose what laws to enforce and which to disreguard. The only reason the court ruled against Arizona is because the judge ruled on her belief not on existing law. The judge is in the 9 circuit and the 9th circuit is notorious for ruling on personal whim. Its a shame Arizona must make the expense to go to the Supreme Court of the USA , which will at least be ruled by laws. Washington "The White House " is going after Arizona with our money. We all pay for everything they do. That is why we should stand up and take goverment back and return it to be FOR THE PEOPLE !!
You know who is for tough immigration policies? Felipe Calderón, president of Mexico. So why wouldn’t he want us to have the same immigration policy as his own country? Because he can have his citizens use our services and it doesn’t cost him a nickel.
Oh my goodness folks...we are now interviewing illegals who have been here 20+ years and are birthing more children than the average citizen??? How much in taxes do you think a truck driver and cashier pay out of their under the table paychecks??? Not to mention, how is Roberto licensed to drive a truck as an illegal??? No taxes, 6 children pulling resources, engaging in a dangerous and unlicensed occupation...HELLO AMERICA, what is wrong with being here 20 plus years, not paying taxes and NOT taking any steps to legalize your family...this is absurd!
Excuse me, but Mexico doesn't enforce their laws and definitely doesn't get rid of Americans who bring $$$ into the country or not. Mexicans are more concerned about those neighbors south of them.
Read the La Times article titled Arizona immigration protesters hit the streets. Article contains and interview of cashier and truck driver here for 20+ years with 6 kids...
Oh my goodness folks...we are now interviewing illegals who have been here 20+ years and are birthing more children than the average citizen??? How much in taxes do you think a truck driver and cashier pay out of their under the table paychecks??? Not to mention, how is Roberto licensed to drive a truck as an illegal??? No taxes, 6 children pulling resources, engaging in a dangerous and unlicensed occupation...HELLO AMERICA, what is wrong with being here 20 plus years, not paying taxes and NOT taking any steps to legalize your family...this is absurd!
Point is UN-wise Latina....That Mexico is meddling in the affairs of another Sovereign Nation, has MUCH MORE STRINGENT immigration laws (which are Racists because of their "Demographic" requirements), and are acting HYPOCRITICALLY in how they deal with our immigration laws and in how they selectively "enforce" theirs.....As you so accurately pointed out for us.
Yes Arizona Native !! It is not only absurd but clearly Criminal on both the ILLEGAL alien's part ( they are NOT immigrants). And is Criminal on the Federal Governments part.
They are supposed to protect the Citizens of the USA. And not only are they NOT doing it....but they are actively acting AGAINST US citizens in Court AND by not securing the Boeder AND deporting Law Breakers>
BTW I am not from Arizona but support Brewer and the Citizens of AZ. completely!!
The headline here is correct. However in the fullness of time, the Ire will turn t applause, and v/v.
Our Kim will never respond to any comments. She way too above that. Truth or not, she has spoken.
So, for those who read these comments, and analysis of Bolton’s ruling can be viewed in the link below. You will need to copy and paste to view.
Since I’m not a lawyer and can figure this out, make no mistake, the lawyers for AZ, and Sheriff Joe have it already figured out.
It’s business as usual in Arizona.
www.examiner.com/x-59504-Conservative-Examiner~y2010m7d28-Did-US-District-Susan-Bolton-make-a-mistake-in-her-ruling-on-Arizona-immigration-law
Another Hoax? The Zetas are coming! The Zetas are coming!
Fraud*Fraud*Fraud
Roman Catholic Hispanic illegal immigrants are Rome's latest pawns-as-invasion-for-conquest in their "City and World" (Urbis et Orbis) satanic delusion that they "own the world," and must destroy the American MIddle Class. Sixty percent of us are working payday to payday and the spiraling concentration of wealth into the pockets of Rome's "Fifth Column" fascist plutocracy continues unabated as HItler's banker's closet-queen grandson gets cheated into the White House to commit 9/11 with only the Roman Catholic on the Supreme Court illegally voting to stop Florida's recount in 'Bush v. Gore."
It is not a coincidence that Bush's father "can't remember" where he was when he heard his CIA hit-team had assassinated President Kennedy six weeks after NSAM263 ordered us out of papal Vietnam and after EO11,110 had ending the Vatican bankers' control of our money in the unconstitutional Federal Reserve. Notice what false-elite got trillions in the Wall Street Bailout.
Seal the border. Rome
Rome out of America, NOW!
I am vit de Zetas. I am in Laredo, sunning myself on the veranda, drinking a Shiner Bock. Hey Senora...know what a Shiner Bock is? Why do you keep writing about tings you know nada about? Viva Texas. Stay out, Sweetie. Texas is for real men and women, not Kalifornicators. We are los zetas! Eeeeeeeeeeeeee ho layyyyyyyyyyyyyyyyy!
Will in Atlanta:
Screw you, pagan trash.
I just traced the call.... it's coming from upstairs!!!!!! The Zetas are in your house using your free long distance!!!! Aghahahahahhaha!!!!!! And whats with the cheesy netflix ads? fix your site idiots. and yes... fraud fraud fraud.
Kimberly,
I know you kinda watch your comments because you do delete some. I hope you read this. It completely underminds your position.
My last article. (copy and paste)
tiny.cc/mg04e
Enjoy
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