BREAKING: Federal judge GUTS illegal immigration law (Tempe: crimes, felony)

[revelated]

Judge blocks key parts of Arizona immigration law

Originally Posted by Washington Post

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 and provisions that required immigrants to carry their papers at all times.

Not sure if this should be Politics, or if it should stay under Arizona given it only pertains to them for now.

I just quoted this, but it's all over the news circuits. Essentially, the law has no teeth anymore. Police can't verify legal immigration status, or ask for papers during routine stops. They can't enforce immigration law. They can identify illegals who commit crimes, but can't do anything beyond putting them in jail.

As I stated in the other thread...there was no chance for Arizona to win this lawsuit. The Federal courts will always side with the government. The law is still there, but it's effectively worthless as written.

[Ponderosa]

Originally Posted by revelated

Judge blocks key parts of Arizona immigration law



Not sure if this should be Politics, or if it should stay under Arizona given it only pertains to them for now.

I just quoted this, but it's all over the news circuits. Essentially, the law has no teeth anymore. Police can't verify legal immigration status, or ask for papers during routine stops. They can't enforce immigration law. They can identify illegals who commit crimes, but can't do anything beyond putting them in jail.

As I stated in the other thread...there was no chance for Arizona to win this lawsuit. The Federal courts will always side with the government. The law is still there, but it's effectively worthless as written.

Not so fast there, leftie. The part of the law requiring local authorities to enforce federal immigration laws still stands. As of midnite, it will be a misdemeanor to transport or harbor an illegal in AZ - including grandma to the ER, I guess. AZ police all check immigration status on arrest under a deal with the feds. The handcuffs are now off local law enforcement to enforce fairly strict federal laws to paraphrase the bill's author today. Anyway, it is just an injunction. The courts have yet to rule, though I tend to agree with you that they will take the fed side. By then, I hope the feds get the message that the people are demanding action.

[OrlFlaUsa]

Sorry Arizona. Many in Florida stand with you too. As someone who's company is headquarter in Tempe, I hear more than the average out of state person about the horrors of illegal immigration. I hope Florida and other states draft similar legislation and create a critical mass of states in favor of this, maybe that will send the message to the Feds: "ENFORCE IMMIGRATION LAWS NOW!!!"

[revelated]

Originally Posted by Ponderosa

Not so fast there, leftie. The part of the law requiring local authorities to enforce federal immigration laws still stands. As of midnite, it will be a misdemeanor to transport or harbor an illegal in AZ - including grandma to the ER, I guess. AZ police all check immigration status on arrest under a deal with the feds. The handcuffs are now off local law enforcement to enforce fairly strict federal laws to paraphrase the bill's author today. Anyway, it is just an injunction. The courts have yet to rule, though I tend to agree with you that they will take the fed side. By then, I hope the feds get the message that the people are demanding action.

But they can't do anything about it, and the problem is that they turn over illegals to the feds who then basically do nothing but set them free, only to come back across the border. To me, that's right back where we started - nowhere.

[Ponderosa]

Originally Posted by revelated

But they can't do anything about it, and the problem is that they turn over illegals to the feds who then basically do nothing but set them free, only to come back across the border. To me, that's right back where we started - nowhere.

Well, I don't want to pay to keep them in AZ, so I think kicking them out is the best idea if they haven't done anything else wrong. It costs them thousands of dollars and maybe their lives to come back.

The real solution is to throw the people who hire them in jail. Arpaio deported 26000 last year. If the rest of the cops enforced immigration laws as they are now required to do it could be many more. I think that would send the message.

[revelated]

Originally Posted by Ponderosa

Well, I don't want to pay to keep them in AZ, so I think kicking them out is the best idea if they haven't done anything else wrong. The real solution is to throw the people who hire them in jail. Arpaio deported 26000 last year. If the rest of the cops enforced immigration laws as they are now required to do it could be many more. I think that would send the message.

And they're investigating Arpaio for doing the very thing you're saying he should have the authority to do. That's the problem, and that's why I say this is a loss for Arizona.

The administrative costs of having the illegals flow right back into Arizona after having been deported, and no fear of enforcement from local officials, is going to end up costing more than everyone thinks it will. But the reality is, no matter how hard any state tries, the judges are going to side with the Feds, even when they're wrong...and they ARE wrong in this instance. Their argument had nothing to do with racial profiling or civil rights, but the "usurp authority" issue, which didn't exist given Arizona's law mirrored Federal law on its face. Then we have the inequality of the government using that argument against Arizona yet sanctuary states are given a pass. It's wrong, and this judge should be ashamed of herself.

[US-Traveller]

Originally Posted by Ponderosa

Not so fast there, leftie. The part of the law requiring local authorities to enforce federal immigration laws still stands. As of midnite, it will be a misdemeanor to transport or harbor an illegal in AZ - including grandma to the ER, I guess. AZ police all check immigration status on arrest under a deal with the feds. The handcuffs are now off local law enforcement to enforce fairly strict federal laws to paraphrase the bill's author today. Anyway, it is just an injunction. The courts have yet to rule, though I tend to agree with you that they will take the fed side. By then, I hope the feds get the message that the people are demanding action.

I have carefully reviewed the preliminary injunction opinion and I believe that when it is appealed to the Supreme Court three of the provisions that were stayed will be able to be put into law. I don't see how local law enforcement inquiries into immigration status preempts federal law or supremacy. I don't see how making it illegal for unauthorized aliens to seek work interferes with federal law. States determine who and who cannot work in a state all the time and inquire into persons immigration status consistently when giving license to do business. The warrantless arrest provision seems kind of shaky as well; I don't see in anyway how this preempts federal law or complicates enforcement of federal immigration law. Police perform warrantless arrests all the time.

I do agree with the judge that the provision requiring alien documents does perhaps preempt federal law, although by appearance that requirement mirrors federal law. If that is the case than there is no case for the feds either.

On this injunction I have to say - Judicial activism straight up. The Ginsburg of Arizona.

[observer53]

This judge has no reason to be ashamed of herself. Revelated--have you read, or even skimmed (I haven't fully read it all myself), her 36-page Order? I'll bet not. She explained and applied the law as she interpreted it. That is a judge's job. She has nothing to be ashamed of just because you disagree with her ruling.

Judge Bolton HARDLY has the reputation of a flaming liberal activist judge. Far from it. And if she were, she would have gone further with this Order than she did.

It's just an injunction, nothing has been invalidated yet. And, important pieces of the law ARE going into effect. Stay tuned.

[US-Traveller]

Originally Posted by Ponderosa

Well, I don't want to pay to keep them in AZ, so I think kicking them out is the best idea if they haven't done anything else wrong. It costs them thousands of dollars and maybe their lives to come back.

The real solution is to throw the people who hire them in jail. Arpaio deported 26000 last year. If the rest of the cops enforced immigration laws as they are now required to do it could be many more. I think that would send the message.

Exactly making employment of illegal aliens a felony will be the greatest step we could take in solving the illegal immigration problem. Drying up their employment will force them to self deport.

[revelated]

Originally Posted by observer53

This judge has no reason to be ashamed of herself. Revelated--have you read, or even skimmed (I haven't fully read it all myself), her 36-page Order? I'll bet not. She explained and applied the law as she interpreted it. That is a judge's job. She has nothing to be ashamed of just because you disagree with her ruling.

She interpreted the law wrong. Period.

The crux of the Fed's argument is this: No state has the authority to preempt or usurp Federal law. Arizona did neither. Their law mirrored and in some cases was even less strict than Federal law. That means that the Feds had no case. For this judge to rule otherwise is a farce.

The other problem, as I stated, is why she did not question the Feds not going after other sanctuary states who truly ARE usurping Federal law and instead going after Arizona.

Lastly, as pointed out by Brewer and Palin, it was proven that a number in the Administration didn't even read the law before criticizing it. It's a knee-jerk reaction because they want Hispanic voter support. There is no legal basis for the decision, I don't care what the judge says. She ruled incorrectly because she was afraid to be the one telling the Administration that they're full of it. That's fine to be afraid....then refuse to rule and pass the buck at least.