Opponents of Arizona's immigration enforcement law embrace Wednesday after a judge blocked some provisions of the law.
Arizona Gov. Jan Brewer says her state will ask the 9th Circuit Court of Appeals on Thursday to let all of its controversial immigration law take effect, a day after a federal judge in Phoenix blocked key parts of the measure.
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Brewer called the preliminary injunction a bump in the road.
"This is an injunction," she said. "They haven't heard really the merits of the bill. This is just an injunction -- a temporary injunction."
Brewer is right. What's next -- if the injunction stays in place -- is a full court hearing on the merits of the law. Yet, in blocking the heart of the bill, Judge Susan Bolton's ruling could not have been clearer, says Gabriel Jack Chin, a professor of law at the University of Arizona.
A Win For Obama Administration
"It's basically a complete victory for the United States," Chin said. "She [Bolton] regards immigration regulation as a federal responsibility and a federal power."
Bolton said the heart of the Arizona law usurped that power.
Arizona Senate Bill 1070 requires local police and sheriff's deputies to determine the immigration status of everyone they arrest and then suspect of being an illegal immigrant. In her ruling, Bolton said that requirement "burdens lawfully present aliens because their liberty will be restricted while their status is checked."
Chin says Arizona's Legislature and governor were not thinking about how the law would affect foreign visitors and legal residents.
"They were thinking as is appropriate for them about what's best for the state of Arizona," Chin said. "And I guess that's the problem. When we're dealing with things that have an impact on the entire country and an impact on foreign relations, that's why the framers said it can't be about any given state."
Portions Blocked
The judge also blocked the provision that made it a state requirement for legal residents to carry their registration papers. The judge said that is something only the U.S. government can do. She blocked the provision allowing officers to detain someone who has committed a public offense that makes him or her removable from the U.S. Again, the judge said, only a federal authority can determine whether someone is deportable.
The last piece of SB 1070 that Bolton stopped from taking effect is the portion making it a crime for illegal immigrants to solicit or do work. The judge did let two other provisions barring illegal immigrants from working take effect. She said nothing about the part of the law requiring local police to cooperate with federal immigration officials. That effectively ends any attempts to create so-called sanctuary cities.
The intent of the law -- to get illegal immigrants to leave Arizona on their own -- is still intact. Chin says he believes that's the real message lawmakers were trying to send. In fact, he thinks the law was too vague to do anything else.
"The law was drafted diffusely," he said. "It was drafted broadly as a test -- to see what parts of it would stand up and what parts of it wouldn't."
The law's supporters deny that. One of the bill's sponsors, state Rep. John Kavanaugh, says the state will take it all the way to the U.S. Supreme Court.
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SOURCE: NPR
“House Bill 2013” and “SB1070”
0 = Arizona
2 = USA/ Our Constitution/ We the People of the United States
This month of July 2010, our U.S. Federal courts have found the so called State of Arizona hate filled legislation namely “House Bill 2013” and “SB1070” Un-constitution (So much for the intellect of Jan Brewer, “Did you read the bills you signed?”). But we all know that they will go crying to the Supreme Court of the United States, please, please, please go. We will fight you in Arizona, any other state, and yes in Washington DC. We will not tire, we will not be silent and we will persevere, I promise you.
In my opinion the Republican Party has been taken over the most extreme of clans; the Baggers, Birthers and Blowhards (people who love to push their beliefs and hate on others while trying to take away the rights of those they just hate) and that’s who they need to extract from their party if they real want to win in November. Good Luck, because as they said in WACO, “We Ain’t Coming Out”.
It’s all about politics: Jan Brewer you were never elected to be Governor, but you have no problem trying to get elected on the back of undocumented workers, you loser (sure you may win but the long-term effects to your so called State is just beginning). Here is a partial list of your hate filled legislation;
1. S.B. 1070,
2. House Bill 2013
3. No permit conceal weapons law,
4. The famous Birthers law,
5. Banning Ethnic studies law,
6. Could she be behind the Mural in Prescott, Arizona, ordered to be whiten,
7. On deck to pass, no citizenship to babies born to undocumented workers,
8. If she can read she should look up Arizona’s House Bill 2779 from two years ago (which was un-constitution and failed when legally challenged),
9. The boycotted Martin Luther King Day, what idiots don’t want another holiday? Yes, you guessed it Arizona.
Well Arizona, you can keep boycotting new holidays, passing hate filled legislation and the rest of our country will continue to challenge you in court of law and Boycott your so-called state.
Lets face it, no one can real believe anything that comes out of Brewer’s mouth, in an interview, this year, in an attempt to gain sympathy, she first said her father had died in Germany fighting the Nazi in World War II (which ended 1945) but of course we find out the truth that father was never in Germany and died in California in 1955. But we are suppose to believe everything else she says, right!
As they say in the World Cup: Gooooooooal!