US Federal Judge Cuts Heart of Arizona’s Immagration Law S. B. 1070

Arizona controversial Immigration bill S.B. 1070 will take effect at Midnight Thursday, however key provisions struck down a US Federal District Court Judge ruled on Wednesday. US Federal District Court Judge Susan Bolton  issues a temporary restraining order against key portions of the law.

The injunction placed on the police asking for identification  of illegal immigrants until a complete judicial review.

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.

U.S. District Judge Susan Bolton ruled that the controversial sections should be put on hold until the courts resolve the issues.

In addition  the judge injunction places a stay on warrantless searches, allows illegal immigrants to seek employment without being arrested for committing a crime.

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,” Bolton wrote.

Illegal Immigrants  hailed the news.

“I knew the judge would say that part of the law was just not right,” said Gisela Diaz, 50, from Mexico City, who came to Arizona on a since-expired tourist visa in 1989 and who waited with her family early Wednesday at the Mexican Consulate to get advice about the law.

“It’s the part we were worried about. This is a big relief for us,” she said.

At a Home Depot in west Phoenix, where day-laborers gather to look for work, Carlos Gutierrez said he was elated when a stranger drove by and yelled the news: “They threw out the law! You guys can work!”

“I felt good inside” said the 32-year-old illegal immigrant, who came here six years ago from Sonora, Mexico, and supports his wife and three children. “Now there’s a way to stay here with less problems.”

The judge based her decision on the Federal Government overrides state law. The legal notion known as “pre-emption” in legal parlance.

The Obama Administration argue by Attorney General Eric Holder that the if the law is upheld state would create a patchwork of law that would create difficulties with foreign nations.

Supporters took the news in stride because of the law that remains outlaws sanctuary cities.

“Striking down these sanctuary city policies has always been the No. 1 priority,” said Republican Sen. Russell Pearce, the law’s chief author.

AP via Yahoo News

Special Thanks to Ed Morrissey at Hot Air

Very Special Thanks to Doug Powers guest blogger at  Michelle Malkin.


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