Federal Judge says Arizona illegally immigrated into federal jurisdictionJul 28th, 2010 | By Michel Marizco | Category: General News, Immigration, Politics
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THE BORDER REPORT
I honestly thought she would go the other way, but U.S. District Court Judge Susan Bolton struck down four of the key provisions of Senate Bill 1070 this morning, marginalizing what’s been construed as the toughest state enforcement of federal immigration law in the country. The four key elements she blocked are:
1. Arizona will not be able to require cops to check the immigration status of someone they stop or arrest.
2. The segment of the law making it a crime to fail to carry immigration papers.
3. The segment that makes it a crime for an illegal migrant to seek or perform work.
4. Allowing police to make a warrantless arrest if they believe the person committed a crime that would lead to being deported.
This is the segment of Bolton’s ruling that bothers me:
“The court finds that preserving the status quo through a preliminary injunction is less harmful than allowing state laws that are likely preempted by federal laws to be enforced.”
In other words, Arizona’s illegal immigration influx is less of a problem than a patchwork of state laws trying to replace what the federal government is supposed to be doing. Which the federal government is NOT doing.
Arizona was scheduled to begin enforcing 1070 Thursday. The court just brought us right back where we started.
I find it unfortunate, not because I ever believed Arizona cops would actually have an impact on illegal immigration – they won’t – but because the new law forced the federal government to take action, and I had hoped that action would come in the methodology of a comprehensive immigration reform bill. Instead, no change; status quo.
I thought the judge would slap the feds around because last week, Bolton grilled the Obama Administration’s lawyers on the issue of preemption; asking how the state’s checking of identifications would be a preemptive act infringing on the Constitution’s supremacy clause that says federal law beats out state every time. The response from Justice Department was that because the status checks were mandatory, ICE would be over-whelmed by deportation and processing requests from Arizona law enforcement.
In essence, the United States argued they don’t have the manpower to deal with Arizona’s immigration law enforcement.
You can read the Judge’s decision in its entirety at TucsonSentinel.com.
Here’s the Feds’ public relations office’s response to the ruling:
“We believe the court ruled correctly when it prevented key provisions of SB1070 from taking effect. While we understand the frustration of Arizonans with the broken immigration system, a patchwork of state and local policies would seriously disrupt federal immigration enforcement and would ultimately be counterproductive.
States can and do play a role in cooperating with the federal government in its enforcement of the immigration laws, but they must do so within our constitutional framework. This administration takes its responsibility to secure our borders seriously and has dedicated unprecedented resources to that effort. We will continue to work toward smarter and more effective enforcement of our laws while pressing for a comprehensive approach that provides true security and strengthens accountability and responsibility in our immigration system at the national level.”
Thank you for your acknowledgment that it is indeed broken.