Arizona vs. Obama, Round 1

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The Obama administration wasted little time condemning Arizona’s recently passed immigration law, even launching a lawsuit to prevent it from going into effect. Now the White House has been handed its first major victory by a federal judge who has struck down key provisions of the Arizona law, setting up a showdown between a state beleaguered by illegal immigration and a federal government determined to prevent it from doing anything to address the problem.

On Wednesday, Federal District Court Judge Susan Bolton blocked key portions of Arizona’s law dealing with the tide of illegal immigrants swamping Arizona, known as S.B. 1070, or more formally the “Support Our Law Enforcement and Safe Neighborhoods Act.” She preliminarily enjoined the State of Arizona and its Governor Jan Brewer from enforcing the most significant provisions of S.B. 1070. Judge Bolton did not give the administration everything it wanted, declining to block the entire law from going into effect as the Justice Department had requested. But what she left standing is of little significance compared to what she gutted.

While this is only the first battle dealing with a preliminary injunction – appeals of her order and a trial on the merits of the statute are yet to come – Judge Bolton has framed the constitutional issue of federal preemption in such a way that the Obama administration will have the upper hand going into the next rounds.

Judge Bolton left alone such provisions as prohibiting Arizona officials, agencies, and political subdivisions from limiting enforcement of federal immigration laws and such non-controversial provisions as making it a crime to stop a motor vehicle to pick up day laborers and for day laborers to get in a motor vehicle if it impedes the normal movement of traffic.

More significant are the major provisions of S.B. 1070 that Judge Bolton blocked from being implemented. These include the law’s provisions requiring that an officer make a reasonable attempt to determine the immigration status of a person stopped; requiring noncitizens to carry registration papers; authorizing the warrantless arrest of an illegal immigrant where there is probable cause to believe the person has committed a crime that would make them eligible for deportation; and making it a crime for illegal immigrants to seek, apply or perform work.

Without such provisions, the Arizona law will not accomplish what it was designed to do: reinforce enforcement of the federal immigration laws that were not being adequately enforced by the federal government. Judge Bolton ignored the practical realities that she had acknowledged Arizona was facing due to lax federal enforcement of these laws. Instead, she accepted the Obama administration’s theoretical argument “that the power to regulate immigration is vested exclusively with the federal government, and the provisions of S.B. 1070 are therefore preempted by federal law.”

In siding with the Obama administration, Judge Bolton also took a leap of faith. She accepted the administration’s argument that it was the federal government’s role to enforce immigration laws without considering that the current enforcement regime has been largely ineffective. Judge Bolton also misread the provision about the determination and verification of immigration status for someone stopped for an unrelated legal infraction whom the police had reason to suspect was an illegal immigrant. Without waiting to see how the law would have been actually enforced, she agreed with the Judge Department that “this section is preempted because it will result in the harassment of lawfully present aliens and will burden federal resources and impede federal enforcement and policy priorities.”

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  • KasingTong
  • cvb

    We will teach her the hard way that the poeple want SB1070 and laws respected
    Tomorrow let's start drying out all latino businesses, no more hiring them, we will say no to any latino name
    Nobody can stop Bolton? well nobody can stop my boycott.
    (I know it sucks for legal latinos, sorry for them, i cannot tell who is what)
    Officials dont want to handle illegal immigration matters, well millions of Americans will do it themselves.

    • Steve Chavez


    • Steve Chavez


      "Let's boycott every LATINO business?" I'm Hispanic, own a business, and I'm totally against these illegals. ALL the New Mexico Hispanics I know, especially the older generation, are very vocal against these illegals. Legal immigrants call our local talk radio with bitterness since they did it the legal way which took years but in the end, they raised their right hand with pride!

      I've been to Mexico many times and I wrote a post when this issue first came up: "Try being illegal in Mexico."

      1. Boycott ALL businesses that hire illegals. 2. Place an ad with names of businesses who hire illegals BUT WITH PROOF NOT SUSPICION based on skin color or lack of the English language. 3. Expose apartment/homeowners/managers who let illegals live AND WORK on their properties. 4. Boycott Mexico, especially border states who spit on Brewer and for its President who spit on our Constitution while Pelosi and all the Dems cheered him on! 5. Sue the Feds, Sanctuary Cities, and Governor's like Bill Richardson who gives illegals drivers licenses, if they commit a murder, rape, and accidents while driving with no license, insurance, or registration.

      I personally know of a home that has nine illegals living there. There was also a story a few years ago that had around thirty illegals living in apt in NY. I just found out that a man I had known left back to Guatemala after he was "let go" by several businesses that hired him due to being illegal. EXPOSE THEM!

    • Nikflorida

      … but the people DON'T want SB1070… polls that say they do are deliberately slanted to encourage a "desired" response. Besides, as Arizona's own senator says, "polls are for politicians before elections, not for civil rights." Hell, in 1970, when the SCOTUS struck down Virginia's absurdly discriminatory anti-miscegenation law, making licit the intermarriage of different races, public opinion polls showed that the public was against interracial marriage by a HUGE margin, about 70-30. So I'm not buying it. Boycotting Hispanic businesses? LEGAL Hispanic businesses? That really sends a message. Where we don't tell you WHAT to think, just to think.

      • Brett

        The people dont want SB1070? How the heck did it get passed then…..
        No people that think like you are in the minority. You also apparantly are for lawbreaking since you endorse illegal entry into the country which also brings some of the worst elements across the border with it. Something tells me if you were the victim of the crime wave (29% of prisoners are criminal aliens) you would be singing a different tune.

    • trickyblain

      "I know it sucks for legal latinos, sorry for them, i cannot tell who is what."

      This is exactly the type of statement that gives your oppentents credibilty when they talk about the bigotry surrounding this argument.

      I was thinking about a sandwich for lunch. Now I'm heading down to the Mexican owned taqueira down the street for some Chili Colorado. Tasty and cheap!

  • BS77

    What an abysmal mess. Stand with Arizona and SB1070. Are we a nation of laws or not?

    • NikFlorida

      Of course we're a nation of laws. Ya know, where minorities are protected from the tyranny of the majority. And where denial of human rights and personal liberty is protected by law. Thus the judge's injunction. Where we don't tell you WHAT to think, just to think.

  • Jim Johnson

    She was appointed by Clinton. What did you expect?

  • weRscrewed

    This article missed a Mistake by judge bolton when se found that Arizona cannot use the lack of Immigration documents as a reason to suspect Illegal presence. Immigration law since the 1940has required the Immigrants carry their Documents at all times. Legal Residents and Visa holders face the same requirement. In granting this preliminary Ijunction, it appears Judge Bolton has struch down this Federal Immigration law. All in all I think Judge Bolton simply provided the Obama with more time to find a possible Legal way around SB1070 by passing it to the nex tCourt level.. Reflecting on her previous comments and questions to government Lawyers, it appears that something has changed besides the Documents and Q&A. Something feels wrong about the whole mess like maybe the Judge was contacted exparte.

  • S. HaLevi

    The US walked itself into a multitude of corners but none more critical than the parasitic infiltration by illegal immigrants, in fact, invaders. Many of hem drug cartel connected and other armed and willing to use the weapons.
    The government, also disastrously chosen there, would love to "legalize" those votes and far more of them will flow through if passive stances continue.
    I was posted in Albuquerque during my work with Uncle Sam's Military Avionics Programs and our I-17 Plant in Phoenix was my second work location.
    The tragedy started slowly and grew in intensity after Clinton took Office. One saw it mainly in Arizona.
    Knowing by experience here what that passivity creates, I hope you folk do the job that the federals are not willing to do.
    The US existence depends on that.

  • davarino

    You liberals cant win at the ballot box, so you lie, cheat, steal elections, and allow these illegal immigrants to flood our nation knowing they will vote democratic. Well thats great, once their here and you get what you want, what will you do with them? You snoby leftists wont let these unwashed live in your neighborhood, will you. Everything you proscribe is good for everyone else buy you. I guess us hardworking conservatives will be left to pay for all the goodies for the illegals, while you leftists pontificate on the evils of America.

    The war aint over yet my friends.

    Now if only our governor here in Texas will grow a pair and pile on we might just have a fight on our hands, but I guess its the womens turn to be tough now.

  • Moderate47

    We are fighting the Mexican American War all over again. If you simply pour beer down the throats of these "Mexican-so-call-Americans" and ask why we shouldn't protect our border and control illegal entry, you will get your answer — "Viva Mexico"
    I say it's time for an armed conflict.

  • Stephen D.

    This is what the Federal Law says and now the Judge has struck it from Arizona's proposed law. How does this make sense? It is ALREADY a federal law that immigrants MUST HAVE THEIR PAPERS!

    "Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to 8 USC § 1304. Any alien who fails to comply with the provisions of this section shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than 30 days, or both."

  • Rifleman

    According to democrat party judges, aliens aren't required to carry legal identification, citizens are. Unequal protection under the law is what the dp calls justice.

    This will be appealed, and likely overturned. Hussein will be appointing commie judges for the next 2 years unless the GOP shut him down the way the dp did President Bush's on his judicial appointments. Hussein will try real hard to legalize 6 to 20 million of the 30 million plus illegals before the '12 elections.

    • Steve Chavez

      Agree. "…aliens aren't required to carry legal identification, citizens are." Here in NM with Governor Bill Richardson, half-Mexican, allows illegals to have drivers licenses. A lady called our local talk radio and told a story about going to MVD after she lost her license. They wanted a birth certificate, utility bills and picture ID like a passport. "Citizens are" required this but illegals don't?

      If an illegal did have a birth certificate, whose is it and how many people are using it? Here in NM, if you ask a Mexican where they are from, they say "Chihuahua." I then say, "There's so many people here from Chihuahua that no one is left in Chihuahua." I bet their paperwork that they do have is fraudulent and is used by everyone they know. So you might have a thousands of people with the name Maria Lopez Martinez and Jose Gonzales Morales. When our enforcement officers check the legal status, they come up as legal. Great trick huh!

      When the IRS goons come after us AMERICAN CITIZENS for not paying for our Health Care, ILLEGALS will again be exempt and will continue to get free health care which is the main reason our health care facilities are passing on their expenses FOR LEGAL AMERICANS HEALTH ISSUES!

    • trickyblain

      Howdy, RM. What federal law requires citizens to carry identification?

      • Rifleman

        Hey Tricky, good to 'see' you, hope all is well there. State law does, and this ruling just defacto prohibited states from enforcing it against legal and illegal immigrants. Some city and county PDs in Georgia have been using this double standard for years, this ruling makes it official.

        I think you and I have had a discussion on how cultural sensitivity has defacto eliminated many quality of life ordinances in Georgia. It may have been one of those that got ate by a bug in the posting system. It usually happens when I make a lengthy response, which I usually do when we're posting to each other.

  • Guest

    My fantasy: all 50 states pass statutes identical to Arizona's and begin enforcing them, ignoring the federal court holding and the U.S. government. What would the government and courts do if we just ignored them and went on our way without them?

    • D Merritt

      Since we are not being represented in Washington by either Republicans or Democrats and that is not likely to change even if the republicans win big in November the only way we will take back our country is by simply bypassing the government. How many people can they put in jail for failing to comply with their newly passed health care laws, their new tax laws and the (hopefully) ignored federal rulings regarding enforcing state laws on immigration.
      We will lose if we don't take a stand bigger and louder than the Latinos who think they now own America. How long before it becomes Mexico?

  • NikFlorida

    We ARE a nation of laws. Where minorities are protected from the tyranny of the majority, and where human rights and personal liberty are revered. Thus the judge's injunction. Dumbass. Where we don't tell you WHAT to think, just to think.

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  • USMCSniper

    This was a charade by a Clinton appointee activist because I guarantee that the DoJ was on the phone with her collaborating with and offering a position on the Federal Court of Appeals.

  • rbla

    I suggest that Republicans in Arizona who are outraged by this decision can send a message to the "ruling class" by voting to retire Kennedy collaborator turned "tough guy" on immigration McCain. Put aside any misgivings regarding the shortcomings of his opponent; the important thing is to send the old guy out to pasture. The shock delivered to the establishment would be most salutary.

  • logdon

    Our Labour gov tried the same scam using Pakistanis as vote fodder. Millions have arrived. They get a house, welfare, free healthcare, all the benefits without having paid in one penny into the system.

    Because they tend to breed like rabbits the child benefit is multiplied and they get the large well appointed multi bedroom homes before the indigenous population. Waiting lists are overturned on a basis of 'need' therefore having more offspring than the average works in their favour.

    Needless to say Britain is furious and Labour is voted out and destined to wither.

    Google 'neather' and its all there.

  • Sonne

    all she was doing was upholding the U.S. Constitution with regard to rights of people within the jurisdiction of any state under the union regarding search and seizure.

    Also, let' not forget that there are undocumented immigrants from european, african and asian backgrounds in the U.S. as well, they're not all Mexicans.

    • Guest

      It's not a search or seizure to place a legal requirement that people have documentation of their legal presence in the country on their persons at all times. Nor is there a 4th Amendment issue involved in making an inquiry as to legal presence in the country as incidental to a lawful stop for some other reason.

    • Rib/eve

      All she did was WHAT???? How foolish.

      What she did was stop law enforcement from enforcing the law. At this point illegals can do what they want and if a police officer doesn't realize that they are illegals and asks for identification, the police officer is breaking the law!!!

      First of all the problem goes way back to letting the Liberals frame the argument. Other words for profiling is discernment and judgment. These are instrumental tools that all of us use every day to determine whether we should do this or that. Example, whether you want to be acquainted with a certain person or business associate. It is extremely important for a police officer to use and can mean life or death. It is not RACISM.

      Second of all. This shows why it is important to have judges appointed to the bench not activists. God help us with the latest appointment to the US Supreme Court and then Kaygan.

  • Guest

    It would be interesting, maybe even a great thing, if we just ignored the U.S. government en masse and set up our own Constitutional Convention and established another government.

    What would, what could, they do? Send federal troops into the states as Lincoln did the last time this was tried? I bet our present federal government wouldn't have the stones to do it.

  • mary

    yes, why not?
    google: Grandjury finds obama guilty….a church actually
    formed a grand jury and indicted him already. it is
    totally LEGAL….

  • Rob

    The only illegals that will leave Arizona as a result of this bill will be the working ones.

    The drug runners, the gun smugglers, the murderers, the kidnappers, and the other scum will stick to Arizona because it is their highway to rich, Californian liberal addicts. If it were so easy to run the illegals off, don't you think GWB would've done this when he was governor of Texas or President of the US?

    This is a drug war.

  • JacksonPearson

    Interesting Constitutional analysis, and insight by Publius Huldah.

    Case Against Arizona & Governor Brewer
    ONLY the US Supreme Court has Constitutional Authority to Conduct the Trial
    By Publius Huldah
    Thursday, July 29, 2010

    Does anyone read the U.S. Constitution these days? American lawyers don’t read it. Federal Judge Susan R. Bolton apparently has never read it. Same goes for our illustrious Attorney General Eric Holder. But this lawyer has read it and she is going to show you something in Our Constitution which is as plain as the nose on your face.

    To read the full article:

  • trocks

    every state should pass the arizona measure and begin enforcing it – the fed govt is out of control, run by far left anti americans, and has not backbone or commitment to liberty and freedom. if many states pass a similar law, the federal govt will have no recourse! it is outrageous that the fed govt sued a sovereign state to keep it from protecting it's citizens!! this cannot be allowed, we have rights in our states that the feds cannot touch, and that they do not control – this shows you where obama and the obamacrats are coming from plain as day. they claim they are worried about the 'targeting' of hispanics – yet the state is filled with hundreds of thousands of hispanics that are illegal – how about the targeting of our country that's done by these illegals?? they break our laws daily by continuing to stay here and by operating off grid, they don't pay taxes or contribute to the legal system fairly, and they usually send the money they get from us back totheir countries! in chicago there are so many lengthy celebrations of mexican days, puerto rican days, latino days, etc etc etc – and they make no bones about their first devotion to their original country, and their disdain for the corrupt usa. we cannot have a strong country without citizens that love their country, support each other and follow the same laws. the same problem exists with the affirmative action laws and other minority entitlements – is is unfair to the race/gender/sexual preference that does not get the special treatment. that is not equality for all, it is unequal legal footing for different races/genders/etc and it will always cause further conflict and strife, until these laws and practices are overturned.

  • Doris Narron

    Lovely image..