Major Sections of Arizona’s Immigration Law Suspended

On July 8, 2010, I posted on Slaw that the United States government had filed a lawsuit against the State of Arizona over the state’s new immigration law (Arizona Senate Bill 1070), arguing that the law means to supersede the federal government’s authority under the US Constitution to regulate immigration. Although the case is not over yet, on July 28, 2010, US District Judge Susan Bolton said the US administration “is likely to succeed” in its argument and issued a preliminary injunction suspending the implementation of several key provisions of Arizona’s immigration law that were to come into force July 29, 2010. Meaning, the technical parts of the law SB 1070 will indeed come into force as planned on July 29, 2010, because both parties agree that they are constitutional. However, several controversial sections in the law are put on hold and cannot be implemented until the courts resolve the issues.

Sections of the law that are deferred would:

  • Require police officers to determine the immigration status of people they stop for a violation of any law and think are in the country illegally
  • Require people to carry their papers at all times in public places and make it a crime for the failure to apply for valid immigration papers
  • Require everyone who is arrested to have their immigration status checked with the federal government before release
  • Allow police officers to arrest anyone they believe has committed a crime that would make them removable from the country
  • Make it a crime for illegal immigrants to apply for or perform any work

Judge Bolton said that she was issuing the injunction against the most controversial elements of the law because otherwise, “the United States is likely to suffer irreparable harm.” Agreed!

Arizona is expected to appeal the decision immediately to the US Ninth Circuit Court of Appeals in San Francisco. Good luck!

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Comments

  1. July 29. Appealed.

    Arizona Appeals Judge’s Order Blocking Immigration Bill
    http://www.courthousenews.com/2010/07/29/29226.htm

    Arizona Gov. Jan Brewer asked the 9th Circuit on Thursday to lift a judge’s order blocking the most controversial parts of the state’s new immigration laws. U.S. District Court Judge Susan Bolton blocked parts of the law on Wednesday.
    “America is not going to sit back and allow the ongoing federal failures to continue,” Brewer said in a statement. “We are a nation of laws and we believe they need to be enforced. If the federal government wants to be in charge of illegal immigration and they want no help from the states, it then needs to do its job. Arizona would not be faced with this problem if the federal government honored its responsibilities.” … Continues…

  2. Yosie Saint-Cyr

    Thanks Ur Right for the update and the link to expanded information. Really appreciate it! I still don’t think this is going to be an easy appeal!