Getting the facts now…..Judge blocks police from determining immigration status.
Stay tuned. This post will be updated.
Key Portions Blocked:
*Officers to to check immigraton status
*Immigrants to carry legal papers at all times
*Undocumented worders not allowed to seek and perform work
From MSNBC:
PHOENIX — A federal judge on Wednesday blocked the most controversial parts of Arizona’s immigration law from taking effect, delivering a last-minute victory to opponents of the crackdown.
The overall law will still take effect Thursday, but without the provisions that angered opponents — including sections that required officers to check a person’s immigration status while enforcing other laws.
The judge also put on hold parts of the law that required immigrants to carry their papers at all times, and made it illegal for undocumented workers to solicit employment in public places. In addition, the judge blocked officers from making warrantless arrests of suspected illegal immigrants.
“Requiring Arizona law enforcement officials and agencies to determine the immigration status of every person who is arrested burdens lawfully-present aliens because their liberty will be restricted while their status is checked,” U.S. District Judge Susan Bolton ruled.
She ruled that the controversial sections should be put on hold until the courts resolve the issues. Other provisions of the law, many of them procedural and slight revisions to existing Arizona immigration statute, will go into effect at 12:01 a.m.
Reminder: This is a temporary injunction.
High-powered lawyers………[yawn]
Elena, you did not get carted away because the computers in the police car can verify that you have, in fact, a Virgnina driver’s license. In order to possess a valid Virgina OL, you must prove at DMV when you renew or obtain a license that you are either a citizen, a legal resident or a legal alien. It takes about 30 seconds via cruiser computer to verify with either DMV, the State Department or ICE. That is not an issue.
FYI, Federal Law states that no jurisdiction (State or Local) can prevent an officer of the law (be it law enforcement or court officer) be prevented by any ordinace (State or Local) from contacting ICE regarding the immigration status of any individual. That is what 287(G) is based upon. It is also what the current Prince William Co. immigration law is based upon.
I refudiate that comment, to paraphrase neo-con intellectual savant Sarah Palin. If calling a federal judge a bonehead is what passes for constitutional understanding on the tea bag circuit then I defer to your mastery of the Constitution; after all, don’t neo-cons think they own it?
Serious Supreme Court watchers of all stripes follow SCOTUS Blog. Here’s a link to Lyle Denniston’s post on the AZ decision that provides good summary without any hype. http://www.scotusblog.com/2010/07/fight-on-alien-control-moves-on/#more-23394
@Rez
I remember several instances of dark days. I have been thinking on that very subject actually. I simply do not see any national reconciliation.
Unfortunately, people must be binary. There seems to be no middle ground.
Enforcing federal immigration law is a federal responsibility, according to the United States Constitution. The judge made the proper ruling. The Arizona state government must respect the Constitution of the United States.
And, although this may be a political victory for Arizona’s Republicans, I’ll take the legal victory over the political victory any day.
John Marshall has made his decision, now let him enforce it. (Andrew Jackson)
funny how the lines between the feds and states rights are often blurred by the right and left when it comes to an issue that they want to see.
If the Obama administration came out and said, we want each state to start enforcing a federal enforcement, the right would be up in arms, saying that you cannot force a state to do that. But immigration is on everyone’s minds, so it is ok for the state to take on the responsibility. The reality is that big (and small) business does not want the immigration problem fixed, as they need a constant supply of cheap labor. How is an American supposed to make a living wage if we keep knocking wages down? Not everyone is college/managerial material, but those are the jobs that are here. In the IT Industry, there is a Supervisor/Manger crisis coming, as we gave all those low level tech jobs away to India, and now, there are few people who are coming up through the ranks and learning the business processes, so we have to reach out to India and bring someone over, and make them the manger (but they are high level so, we want them).
I am hearing damned if they do and damned if they don’t.
I have heard more misinterpretations of that injunction this morning. Amazing.
@Pat.Herve
“If the Obama administration came out and said, we want each state to start enforcing a federal enforcement, the right would be up in arms, saying that you cannot force a state to do that.”
There actually is a distinction and it is entirely consistent. In the one case Arizona CHOSE to do this. In your example, the US would presumably FORCE Arizona to do it. The concept is still the role of State and US governments.
Lucky!
I had a dream the other night and you were in it!
Yes, he did verify my ssn when I wrote it down for him. However, he had to TRUST me that I was giving him the right number. I had no picture ID to prove who I was. I know I have a nice smile which helps :), but what if I had spoken with an accent?
I don’t understand why AZ isn’t in the 287g program. Then they could accomplish much of what they are trying to do and not be sticking a stake in the eye of the Federal Govt.
Well, that should not come as any sort of shock, because SB1070 itself has been misrepresented almost continuously from the beginning.
Cool late-breaking stuff. SEIU is bussing wackos in from CA to scream “racists go home” in Phoenix. Only the looney left is capable that sort of a conundrum.
So what re SEIU. What are they changing, if indeed that is true. Protests are just a reason for people to go act out. They change nothing, including public opinion.
Back to why AZ never got in the 287g program….which would have empowered law enforcement to do many of the things they feel they need to do. Why didn’t they do this?
AZ has been cooperating with Border Patrol LONG before there was a 287g program. The police in AZ and Border agents mostly know each other and typically when the cops catch an illegal, they’ve just always handed them over to Border Patrol. Why do 287g when you’ve been doing 287g for years?
and YES, I’ve spent a lot of time in AZ, Cochise Co to be exact. And BTW, there’s not much to see or do in Tombstone.
You may refudiate all you like, as long as you wipe afterwards. NeoCons, who are mostly born of the Vietnam-War-supporting Democrats, don’t know the Constitution either.
@Slowpoke
There is a great deal of AZ that is not on the border. Regardless of what they have done for years, everyone has to follow protocol. Is this where I start humming Rule of Law?
The feds have 287g and Safe Communities in place so that they work with the states. It is a sharing of responsibility. AZ can’t go by the laws that are in place. It had to thumb its nose at the existing laws and procedures. So much for rule of law.
Interesting comment on neo-cons. I am still trying to figure out how they are the children of Vietnam-war-supporting Democrats. Wolfowitz? Cheney? Billy Crystal? They are all too old.
Moe’s credentionals are good enough for me.
And no more bad bathroom humor.
@Moon-howler
Arizona is already in the 287g program. I even posted a comment in an earlier thread about which counties were involved. Here’s the list of “partners.”
http://www.ice.gov/partners/287g/Section287_g.htm
The new law just has law enforcement enforcing federal law.
To be a “neo” con, one must have been a liberal. Palin may be many things, but, neocon is not one of them.
If this law is shot down, especially with such a weak argument, there will be citizens that will be willing to do things about it anyway. People on the border are fed up. If the feds state that no one will be allowed to enforce the law, then there will be violence as that will be all that’s left.
Thanks for posting the ICE information. I didn’t see it when you posted it before. I also see people werent totally truthful with us here about it. there was a lot of really confusing information put out. I suspect that was intentional.
I just don’t think of neo-con and liberal in the same sentence. As for Palin, I am assuming Moe was being sarcastic.
Cargo squid: what “weak argument” are you referring to? The constitutional argument against the Arizona law strikes me as extremely strong. That was what the United States advanced. It may be you were referring to a comment here.