Posted by Curt on 28 July, 2010 at 11:03 am. 17 comments already!

The Clinton appointee Judge has blocked certain sections of the Arizona law from going into effect until they can be heard through the courts:

A federal judge on Wednesday blocked the most controversial parts of Arizona’s immigration law from taking effect, delivering a last-minute victory to opponents of the crackdown.

The overall law will still take effect Thursday, but without the provisions that angered opponents — including sections that required officers to check a person’s immigration status while enforcing other laws.

The judge also put on hold parts of the law that required immigrants to carry their papers at all times, and made it illegal for undocumented workers to solicit employment in public places.

U.S. District Judge Susan Bolton ruled that the controversial sections should be put on hold until the courts resolve the issues.

Full motion here:

U.S. v. Arizona – Order on Motion for Preliminary Injunction

It appears the key question that has given the Fed’s a temporary victory was that the law as written would require law enforcement to check immigration status on everyone arrested or held, not just those with “reasonable suspicion” of being illegal immigrants.

And that would create a burden on both LE and legal immigrants alike.

For these reasons, the United States has demonstrated that it is likely to succeed on its claim that the mandatory immigration verification upon arrest requirement contained in Section 2(B) of S.B. 1070 is preempted by federal law. This requirement, as stated above, is likely to burden legally-present aliens, in contravention of the Supreme Court’s directive in Hines that aliens not be subject to “the possibility of inquisitorial practices and police surveillance.” 312 U.S. at 74. Further, the number of requests that will emanate from Arizona as a result of determining the status of every arrestee is likely to impermissibly burden federal resources and redirect federal agencies away from the priorities they have established.

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In combination with the impermissible burden this provision will place on lawfully-present aliens, the burden on federal resources and priorities also leads to an inference of preemption. Therefore, for the purposes of preliminary injunction analysis, the Court concludes that the United States has demonstrated a likelihood of success on its challenge to the first sentence of Section 2(B). Section 2(B) in its entirety is likely preempted by federal law.

So the divert resources from the fed’s argument won the day….for now. Bolton obviously believes the DOJ has a case.

We shall see.

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