Wednesday, July 28, 2010

Much of SB 1070 Blocked

A while back I posted that I was tempering my outrage about SB 1070 because I was confident that the courts would find much of the law unconstitutional. And today, Judge Susan Bolton made the ruling:

PHOENIX -- A federal judge this morning blocked several provisions of Arizona's new immigration law from taking effect.

Sections barred from being enforced include:

- Requiring a police officer to make a reasonable attempt to check the immigration status of those they have stopped;

- Forbidding police from releasing anyone they have arrested until that person's immigration status is determined;

- Making it a violation of Arizona law for anyone not a citizen to fail to carry documenation;

- Creating a new state crime for trying to secure work while not a legal resident;

- Allowing police to make warrantless arrests if there is a belief the person has committed an offense that allows them to be removed from the United States.

U.S. District Court Judge Susan Bolton rejected arguments by attorneys for the Department of Justice that other sections of SB 1070 are preempted by federal law. These include creating a separate state crime making it illegal to transport or harbor an illegal immigrant and changes in law dealing with impoundment of vehicles that are used to transport those not in the country legally.

I'm sure the case will go all the way to the Supreme Court, but for now the worst provisions of the law have been blocked. And that is good news.

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