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Judge blocks key parts of AZ law


Posted: Jul 28, 2010

Phoenix, Arizona - A federal judge on Wednesday blocked key parts of Arizona’s controversial immigration law, one day prior to law’s start date. Included in the sections to be blocked are powers given to police which opponents of the bill state would target persons of Hispanic heritage regardless of their legal status.

The ruling is meant to last until a final ruling is made on the United States v. Arizona case, which will determine the final fate of the law.

In the court document, United States District Judge Susan Bolton, who ruled on the decision, stated that while the court “by no means disregards Arizona’s interests in controlling illegal immigration and addressing the concurrent problems with crime including the trafficking of humans, drugs, guns, and money,” she added that “even though Arizona’s interests may be consistent with those of the federal government, it is not in the public interest for Arizona to enforce preempted laws.”

The Judge further noted, “there is a substantial likelihood that officers will wrongfully arrest legal resident aliens under the new [law]. By enforcing this statute, Arizona would impose a “distinct, unusual and extraordinary” burden on legal resident aliens that only the federal government has the authority to impose.”

In conclusion, she wrote, “The court therefore finds that preserving the status quo through a preliminary injunction is less harmful than allowing state laws that are likely preempted by federal law to be enforced.”

Some sections of the law were ruled as being able to be enacted on Thursday. However, parts of the law which fall under federal jurisdiction were barred from going into effect and included the items which opponents of the bill charged violated civil rights and would lead to racial profiling.

In response to the ruling, Arizona Governor Jan Brewer told the Associated Press, "It's a temporary bump in the road, we will move forward, and I'm sure that after consultation with our counsel we will appeal. The bottom line is we've known all along that it is the responsibility of the feds and they haven't done their job so we were going to help them do that.”

According to The New York Times, Arizona Attorney General Terry Goddard, who opposed the bill, applauded the decision, and remarked, “Rather than providing the leadership Arizona needs to solve the immigration problem, Jan Brewer signed a bill she could not defend in court which has led to boycotts, jeopardized our tourism industry and polarized our state.” The Washington Post reported that he also stated, “Jan Brewer played politics with immigration, and she lost. It is time to look beyond election year grandstanding and begin to repair the damage to Arizona's image and economy."
 

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