Federal Court Blocks Arizona Immigration Law

[Flopper]

PHOENIX — A federal judge stepped into the fight over Arizona's immigration law at the last minute Wednesday, blocking the heart of the measure and defusing a confrontation between police and thousands of activists that had been building for months.

The key issue before U.S. District Judge Susan Bolton in the case is as old as the nation itself: Does federal law trump state law? She indicated in her ruling that the federal government's case has a good chance at succeeding.

It was bond to happen.


The Associated Press: Judge blocks parts of Arizona immigration law

 

[kyzr]

When it ends up at the USSC the AZ Law will be approved. I'm sending a few bucks to AZ to help defray legal costs....

 

[FA_Q2]

Yes, it was bound to happen at this level but I am confident that the Supremes will hold the law constitutional. It just has to go through the course.

 

[Flopper]

Yes, it was bound to happen at this level but I am confident that the Supremes will hold the law constitutional. It just has to go through the course.

I think it likely that the Supreme Court will decide based strictly on the constitutionality of the law. The Constitution is quite clear that the power to control immigration is reserved for the federal government. For the Supreme Court to rule otherwise would set a president in which each state could make up it's own immigration laws. Hopefully the Arizona law will light a fire under congress to push through immigration reform.

 

[FA_Q2]

What you are missing is that the AZ law is simply allowing state law enforcement to enforce federal law by sending those that are breaking it to the feds. That in no way whatsoever infringes in the right of the federal government in making immigration law. It is simply shoring up a lack of federal support in enforcing their own law.

 

[JenyEliza]

PHOENIX — A federal judge stepped into the fight over Arizona's immigration law at the last minute Wednesday, blocking the heart of the measure and defusing a confrontation between police and thousands of activists that had been building for months.

The key issue before U.S. District Judge Susan Bolton in the case is as old as the nation itself: Does federal law trump state law? She indicated in her ruling that the federal government's case has a good chance at succeeding.

It was bond to happen.


The Associated Press: Judge blocks parts of Arizona immigration law

Bound to happen?

What's bound to happen is that this will be decided in the USSC. THAT is what's bound to happen, barring another Civil War over State's Rights trumping Federal law.

Those who forget the past are doomed to repeatit. Tread carefully those who support Federal Law trump a State's right to self rule, self determination and freedom from the boot of Unca Sam on their throat.

A house divided cannot stand, as Linncoln once said. We need to remember thsi now, more than ever with economy in the shits, so many AMERICANS, yes AMERICANS WITH THE RIGHT TO BE HERE out of work, we canoot afford to molly-coddle the ILLEGAL ALIENS that flow into our country on a daily basis. They gotta go back, or this country's economy will NEVER improve.

It's time toi think about AMERICA AND JOBS FOR AMERICANS FIRST!

 

[Lumpy 1]

Bottom line .. Democrats/Obama want the illegal and Hispanic vote.. I suspect their behind the scenes organizing protests to drum up grass root support... their pulling out the race card and throwing in misinformation.

 

[Flopper]

What you are missing is that the AZ law is simply allowing state law enforcement to enforce federal law by sending those that are breaking it to the feds. That in no way whatsoever infringes in the right of the federal government in making immigration law. It is simply shoring up a lack of federal support in enforcing their own law.

It's not constitutional for a state to make any immigration laws. It doesn't matter what the purpose of those laws might be. If the Supreme Court allows the Arizona law to stand, then it opens the gate for each state to control immigration into their state.

 

[Latisha1903]

I SUPPORT Arizona. Get all illegal immigrants out the country and let them enter legally.

It just sickens me that they have the audacity to protest in our streets, against our laws.

Why couldn't yall find the balls to do this in your own country, maybe you wouldn't have invaded ours!

 

[Soggy in NOLA]

What you are missing is that the AZ law is simply allowing state law enforcement to enforce federal law by sending those that are breaking it to the feds. That in no way whatsoever infringes in the right of the federal government in making immigration law. It is simply shoring up a lack of federal support in enforcing their own law.

It's not constitutional for a state to make any immigration laws. It doesn't matter what the purpose of those laws might be. If the Supreme Court allows the Arizona law to stand, then it opens the gate for each state to control immigration into their state.

It isn't an immigration law. It has nothing whatsoever to do with immigration... only whether you are here in the country legally or not. AZ has no interest or right to determine immigration policy... nor is it attempting to.

Many states have laws that mirror Federal law, such as EEO laws, etc.

 

[chanel]

The cops can still ask about immigration status; they just don't have to. I consider that a win for AZ despite the left's celebration of "victory".

 

[Soggy in NOLA]

Anyway.. I'm still waiting for the reason why people don't have a problem with illegal immigration.

 

[chanel]

Soggy - they can't get even conjure up the term. They only use the word "immigrant". I used to laugh at the euphemism "undocumented", but they've dropped that as well. Soon "immigrant" will be replaced with "Democrat". That's the plan. Very Orwellian eh?

 

[Soggy in NOLA]

Soggy - they can't get even conjure up the term. They only use the word "immigrant". I used to laugh at the euphemism "undocumented", but they've dropped that as well. Soon "immigrant" will be replaced with "Democrat". That's the plan. Very Orwellian eh?

Very. Of course you're right... it is all about voters. Party and ideaology over country I guess.

 

[Avorysuds]

What you are missing is that the AZ law is simply allowing state law enforcement to enforce federal law by sending those that are breaking it to the feds. That in no way whatsoever infringes in the right of the federal government in making immigration law. It is simply shoring up a lack of federal support in enforcing their own law.

It's not constitutional for a state to make any immigration laws. It doesn't matter what the purpose of those laws might be. If the Supreme Court allows the Arizona law to stand, then it opens the gate for each state to control immigration into their state.

Where in the constitution does it say what AZ is doing is illegal? They are not breaking federal law at all...

Now if a state tried to pass a law saying you can shot an illegal on sight then that would be "making their own immigration policy" and would be illegal. The COTUS does not say states can't help enforce a federl law does it?

 

[American Horse]

What you are missing is that the AZ law is simply allowing state law enforcement to enforce federal law by sending those that are breaking it to the feds. That in no way whatsoever infringes in the right of the federal government in making immigration law. It is simply shoring up a lack of federal support in enforcing their own law.

It's not constitutional for a state to make any immigration laws. It doesn't matter what the purpose of those laws might be. If the Supreme Court allows the Arizona law to stand, then it opens the gate for each state to control immigration into their state.

Sections of the Arizona law allowed to stand by Judge Bolton's ruling:

These will remain in force

A.R.S. § 11-1051(A), which prohibits Arizona officials, agencies and political subdivisions from limiting enforcement of federal immigration laws.

A.R.S. § 11-1051(C)-(F), which requires that state officials work with federal officials with regard to aliens unlawfully in the state

This last should one have the effect of nullifying the “sanctuary’ cities movement, denying them their assumed authority to disregard federal law. Some Arizona cities practicing welcoming illegal immigrants are Phoenix, Mesa, Chandler and Tucson.

Other states which have adopted the Arizona law will see the potential in that section, for challenging “sanctuary” cities in their own jurisdiction. To what benefit? These cities permit illegal aliens to freely reside within their borders and have access to various benefits reserved for legal residents. Those cities also direct local law enforcement agencies to not co-operate with state or federal enforcement personnel in regards to illegal immigrants. This is left in effect in Arizona, and we can expect other states to follow suit.

New and also left is the provision that permits legal residents to sue “any state official, agency, or political subdivision for not enforcing federal immigration laws to the full extent permitted” This will be unique to Arizona, and can according to the precedent of the decision be made a part of any of the other states taking up similar legislation.


Bolton left in effect the implementation of amendments that pertain to the right to control employment by regulating Arizona employers:

A.R.S. § 13-2928(A)-(B): creating a crime for stopping a motor vehicle to pick up day laborers and for day laborers to get in a motor vehicle if it impedes the normal movement of traffic;

A.R.S. § 23-212: amending the crime of knowingly employing unauthorized aliens;

A.R.S. § 23-214: amending the requirements for checking employment eligibility.


Some other new amendments in the law left to go into effect:
A.R.S. § 13-2929), would make transporting or harboring an illegal alien an additional offense for a person who has committed another crime

Another amendment,
A.R.S. § 28-3511, calls for the removal or impoundment of a vehicle used to transport or harbor aliens in Arizona illegally.

Read more in the WSJ article
.