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Thursday, July 29, 2010

U.S. District Judge Blocks Critical Element of the Arizona Immigration Law

(USA Today) U.S. District Judge Susan Bolton, a Bill Clinton appointee, on Wednesday placed on hold its most contentious element of the Arizona immigration law: a provision that requires police to check suspects' immigration status during routine stops if there is a reasonable suspicion they are in the country illegally.  The decision, which is a temporary action until the full legal dispute is aired, also blocks part of the law that ban illegal immigrants from seeking work and require documented immigrants to apply for or carry registration papers.  Bolton noted the state's concerns about illegal immigration but said enforcement of the provisions "would likely burden legal resident aliens and interfere with federal policy."  The much-anticipated ruling is a "victory" for those advocates that are opposed to the new Arizona immigration law that the Arizona state legislature passed and Gov. Jan Brewer signed.  Governor Brewer promised an "expedited" appeal of the initial ruling to the 9th Circuit Court of Appeals, while opponents of the law said they would continue their fight to strike it down permanently.  Once the Appeals Court rules, the dispute could head to the U.S. Supreme Court.  "The fight is far from over," exclaimed Brewer.  The Obama Justice Department, which filed one of seven challenges to the law, had argued that immigration enforcement was a federal responsibility.  "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," said Justice spokeswoman Hannah August.    However, the federal government isn't fulfilling its role in securing the borders.

Bolton's ruling came as supporters and opponents of the law gathered for demonstrations in Phoenix and as officials in nine states--from Florida to South Dakota--had offered their support to Brewer.  "Today's ruling is a slap in the face to citizens who are trying ot exercise their sovereignty," said Michigan Attorney General Mike Cox, a Republican candidate for governor. 

I knew somewhere along the way a federal judge was going to attack either the entire law itself or at least some provision of it.  The element that was blocked by Judge Bolton will hamper the efforts of Arizona police to crack down on illegal immigrants in the state.  The new law that was passed in April doesn't grant the police the right to stop someone and ask them for their immigration status unless there's a reasonable suspicion that they might be an illegal immigrant.  If they're pulled over for drunk driving, driving recklessly, or possess illegal drugs in their vehicle, it would be appropriate for the police to ask for proof of citizenship.  There's much drug smuggling that takes place across the border.  La Raza and those groups that are opposed to the new law try to make it a racial issue.  They are insinuating that it would be racial profiling if the police pulls someone over that may be Hispanic and ask the person that's pulled over proof of citizenship.  If a suspect has done something that's illegal, then it would be appropriate for police to pose that question.  It's not a racial issue.  However, opponents will utilize race baiting as a means of marginalizing their opponents.  Those that desire to see this law struck down will propagate the lie that it's a race issue.  It's ridiculous.

Governor Jan Brewer was right to sign this bill into law.  Arizona faces issues with drug smuggling across the border.  There have been Arizona residents that have been murdered by illegal aliens.  Arizona has the right to protect themselves.  The new law mirrors that of the federal law concerning immigration.  The federal government has deliberately abdicated their responsibility in protecting the borders and the integrity of our country.  It's a travesty.  This has been happening the last few decades.  The federal government has failed us regardless whether a Democrat or a Republican has occupied the Oval Office.  Enough is enough.  I applaud Jan Brewer on her courageous stand on trying to enforce this law and upholding the rights of Arizona citizens.

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