Phoenix, Arizona (CNN) — A legal battle over a tough Arizona immigration law appeared certain after a federal judge granted a preliminary injunction Wednesday that blocked the most controversial parts of the law a day before it was to take effect.
The injunction means that, at least for now, police are prevented from questioning people’s immigration status if there is reason to believe they are in the country illegally.
U.S. District Judge Susan Bolton also blocked provisions of the law making it a crime to fail to apply for or carry alien registration papers or “for an unauthorized alien to solicit, apply for, or perform work,” and a provision “authorizing the warrantless arrest of a person” if there is reason to believe that person might be subject to deportation. . . .
Other parts of the law will go into effect Thursday as passed. This includes a ban on so-called sanctuary cities, and the criminalization of hiring day laborers who are in the country illegally. The parts of the law dealing with sanctions for employers who hire illegal immigrants also withstood the first legal test.
In reading about this judgment, the reactions have actually been predictable. The Tea Party people are upset that they cannot simply do anything they wish to do. The folks on the other side are lamenting that the whole law did not get overturned. But, there are some good analyses that point out that the decision actually upheld what each side believes.
The Tea Party claims that the Constitution must be enforced, and that any powers not specifically delegated to the Federal government belong to the States. Those who are in favor of massive changes in the Federal law insist that the States should not interfere in Federal responsibilities. And, that was precisely the ruling by the judge. Both sides actually won their point.
The parts of the Arizona law that were overturned by the judge were those parts that had to do with immigrants and enforcement of immigration law as relating to individuals. The ruling was that the Constitution specifically gives the area of immigrants and foreign policy directly to the Federal government. Therefore, all the provisions that had to do with stopping and checking (harassing brown-looking) individuals were overturned. But, a State does have the right to govern the industry within its borders. So, all the provisions that had to do with businesses were upheld. In other words, the ruling was based on a Constitutional interpretation of the balance of powers. It was, actually, a rather strict interpretation of the Constitution. What is given to the Federal government belongs to them. What is given to the States belongs to them. That is a strict Constitutional approach and we should not miss that.
But here is what may surprise you. According to the Washington Times, President Obama is actually on track to deport about 10% more people this year than President Bush did in 2008, an election year in which he was trying to garner support for Sen. McCain by enforcing immigration law. Of course neither Fox News nor Republican Congressmen have in any way admitted that. Rather, the constant drumbeat of the conservative media and congressmen is to openly say that he is not enforcing immigration policy. In fact, support among Latinos has fallen by nearly 20% since last year, largely as a result of the increase in deportations. So, why is this not being stated by the conservative media, or the Tea Party, or conservative Congressmen? Well, because as we saw in the recent Breibart affair, truth is the first casualty in politics.
Huw Raphael says
To be clear: the law has not yet been overturned: only stayed. The law cannot be overturned without a trial but the injunction was granted to prevent what the court feared was an injustice.
Silouan says
So Arizona was slapped down for illegally immigrating into federal territory?
Fr. Ernesto Obregon says
I like that!
Montana says
“House Bill 2013” and “SB1070”
0 = Arizona
2 = USA/ Our Constitution/ We the People of the United States
This month of July 2010, our U.S. Federal courts have found the so called State of Arizona hate filled legislation namely “House Bill 2013” and “SB1070” Un-constitution (So much for the intellect of Jan Brewer, “Did you read the bills you signed?”). But we all know that they will go crying to the Supreme Court of the United States, please, please, please go. We will fight you in Arizona, any other state, and yes in Washington DC. We will not tire, we will not be silent and we will persevere, I promise you.
In my opinion the Republican Party has been taken over the most extreme of clans; the Baggers, Birthers and Blowhards (people who love to push their beliefs and hate on others while trying to take away the rights of those they just hate) and that’s who they need to extract from their party if they real want to win in November. Good Luck, because as they said in WACO, “We Ain’t Coming Out”.
It’s all about politics: Jan Brewer you were never elected to be Governor, but you have no problem trying to get elected on the back of undocumented workers, you loser (sure you may win but the long-term effects to your so called State is just beginning). Here is a partial list of your hate filled legislation;
1. S.B. 1070,
2. House Bill 2013
3. No permit conceal weapons law,
4. The famous Birthers law,
5. Banning Ethnic studies law,
6. Banning human-animal hybrid (aren’t most GOPers crossed with the Reptilian race?)
or are they just giving Laurence Gonzales, some great promotion material for his new book “Lucy”.
7. Could she be behind the Mural in Prescott, Arizona, ordered to be whiten,
8. On deck to pass, no citizenship to babies born to undocumented workers,
9. If she can read she should look up Arizona’s House Bill 2779 from two years ago (which was un-constitution and failed when legally challenged),
10. The boycotted Martin Luther King Day, what idiots don’t want another holiday? Yes, you guessed it Arizona.
Well Arizona, you can keep boycotting new holidays, passing hate filled legislation and the rest of our country will continue to challenge you in court of law and Boycott your so-called state.
Lets face it, no one can real believe anything that comes out of Brewer’s mouth, in an interview, this year, in an attempt to gain sympathy, she first said her father had died in Germany fighting the Nazi in World War II (which ended 1945) but of course we find out the truth that father was never in Germany and died in California in 1955. But we are suppose to believe everything else she says, right!
As they say in the World Cup: Gooooooooal!
Rick says
“According to the Washington Times, President Obama is actually on track to deport about 10% more people this year than President Bush did in 2008, an election year in which he was trying to garner support for Sen. McCain by enforcing immigration law. Of course neither Fox News nor Republican Congressmen have in any way admitted that.”
That may be correct in regards to Fox and the Republican reps, but that would not mean much to conservatives since they were vocally mad a Bush over this issue during his presidency.
Fr. Ernesto Obregon says
True, but one would think that they would at least laud a move in the “right” direction. Instead, false information continues to be spread.