Let’s chalk one up, although temporary, for the America that believe in laws and the legal process. Just moments ago, the lawsuit filed by the Federal Government denouncing parts of the new SB1070 legislation in Arizona also known as the new Immigration Law or the “Papers Please” law, was temporarily struck down by a judge hearing the case.
According to the Federal Government’s argument, if Arizona were to carry out certain aspects of the new legislation where police officers had the authority to determine who was illegal as is required by the legislation, then that would obstruct Federal Law and cause problems for legal citizens. The judge in the case, Susan Bolton agrees with this argument, saying;
“Requiring police in Arizona to determine the immigration status of every person who is arrested burdens lawfully present aliens, because their liberty will be restricted while their status is checked. Given the large number of people who are technically arrested but never booked into jail or perhaps even taken to a police station, detention time for this category of arrestee will certainly be extended. Requiring these people to prove their immigration status to the satisfaction of state authorities will unnecessary burden them, including some United States citizens.”
The SB1070 Law as proposed by Arizona Senate would have allowed state authorities to profile and detain anyone they felt were in the state illegally, then turn them over to the federal government for processing. The Department of Justice have argued that his will reroute resources away from where they’re needed most, that being people here that are criminals and represent more of a threat. Judge Susan Bolton agreed with the Justice Department, saying;
“The increase in the number of request for immigrations status is likely to burden the federal government, will divert resources from the Government’s response and is therefore preempted.”
The Judge went on to say;
“I by no means disregard Arizona’s interest in controlling illegal immigration and addressing the problems of crime. 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 preemptive laws. 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 the federal law to be enforced.”
It is important to remember that this is a temporary block on Jan Brewer and her new immigration make over for Arizona, but if the decision stands, it is likely that Arizona and Jan Brewer will take this to a higher court, and eventually the Supreme Court.
So for now, the law goes into effect at midnight tonight, without the “Papers Please” aspect.
- Let’s see how Arizona’s governor reacts…. (tagg-lines.com)
- Watching Arizona: Immigration Law Set to Take Effect, but Will It? (abcnews.go.com)
- Federal judge stops Arizona police from enforcing parts of immigration law (trueslant.com)