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U.S. District Court Judge Susan Bolton issued a preliminary injunction preventing several sections of Arizona's new immigration law from going into effect tomorrow as scheduled, at least pending the court's ability to hear the full case. According to the Arizona Republic the provisions that have been supsended include:

• The portion of the law that requires an officer make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested if there's reasonable suspicion they're in the country illegally.

• The portion that creates a crime of failure to apply for or carry "alien-registration papers."

• The portion that makes it a crime for illegal immigrants to solicit, apply for or perform work. (This does not include the section on day laborers.)

• The portion that allows for a warrantless arrest of a person where there is probable cause to believe they have committed a public offense that makes them removable from the United States.

The Obama administration has filed a federal lawsuit to have the Arizona statute overturned, at least partly on preemption grounds. They had hoped to win this injunction to keep it from being implemented first.

View all comments (33) | Leave a comment

Eric Cartman| 7.28.10 @ 3:09PM

Repeat after me: Democrats are for illegal immigration: Democrats are for illegal immigration: Democrats are for illegal immigration: Democrats are for illegal immigration: Democrats are for illegal immigration: Keep repeating until midnight, November 2, 2010. Then repeat until there are no more Democrats.

WL| 7.28.10 @ 3:55PM

EXACTLY...Well Said...
I would know for sure that elections weren't rigged IF I had not had, on countless occasion, conversations with people who rant and rave about issues like this (AGREEING WITH US)...then when you bust that question about who they are going to vote for??????
They suddenly get a glossy look in their eyes and start mumbling about how "all politicians are the same" because they are so emotionally attached to democrats....AND THEY REALIZE THAT THEY ARE KEEPING THEMSELVES FROM THE TRUTH...that the DEMOCRATS support everything they hate................................................other than some specific handout they qualify for.

IT's sad.

Alan Brooks| 7.28.10 @ 6:49PM

What do you expect? Mexicans now dominate Arizona.

Your discussions on this topic are 20 years late.

Alan Brooks| 7.28.10 @ 6:59PM

"other than some specific handout they qualify for."

Tell that to your wealthy parents & grandparents who get thousands from the state every month. Strange thing is, you think such is a secret anymore, when even uneducated teenagers know your parents and grandparents get funds transferred from youth.

One has to admire such breathtakingly shameless hypocrisy.

Cris Worth| 7.28.10 @ 7:30PM

The former President, a Republican named George W. Bush didn't enforce immigration laws neither did two Arizona senators named Kyl @ McCain one of whom recommended Judge Susan Bolton's appointment to the federal bench and both of whom voted for her confirmation. Greedy Republicans who wanted cheap labor didn't bother enforcing immigration laws either.

Eric Cartman| 7.28.10 @ 8:42PM

You seem to be on the wrong web site bitching about this. The RNC website is that-a-way! ---->
We already know that, pinhead.

Cris Worth| 7.29.10 @ 11:57AM

"We already know that, pinhead." Thanks for acknowledging the facts...pinhead.

Eric Cartman| 7.29.10 @ 1:54PM

Acknowledged the facts years ago . . . pinhead.

Mark in LA| 7.29.10 @ 1:38PM

The Republican party opened the floodgates under the Great Empty Headed One - Ronald Reagan. He looked the other way while business used illegals to break unions. He signed an amnesty chock full of contradictions making enforcement almost illegal. His administration concocted the lies used to create the guest worker programs. When America becomes a third world hole, I hope Reagan finally gets his due.

What you can do| 7.28.10 @ 7:44PM

Repeating that makes no sense:
1. It doesn't tell the whole story. The GOP leadership and libertarians are close behind the Dems in supporting it. The problem isn't so much what the Dems support, it's what the establishment supports.
2. Simply repeating that isn't going to change any minds or encourage politicians/reporters to support our laws: they're going to keep doing what they've been doing.

If you want things to change, you have to support those who'll intellectually engage the other side and who show the other side's followers how they're being misled. See my name's link for some highly effective techniques.

Eric Cartman| 7.28.10 @ 8:43PM

Democrats are for illegal immigration: Democrats are for illegal immigration: Democrats are for illegal immigration: Democrats are for illegal immigration: Democrats are for illegal immigration.

Nate| 7.28.10 @ 10:03PM

Whether it's true or not.

Eric Cartman| 7.29.10 @ 12:38AM

Oh, it' true! Everyone can see it. And only ahole Liberals repeat untrue things over and over. JunOlist opened the ugly Liberal Ahole box on that!

baseballguy2001| 7.29.10 @ 12:56PM

If Democrats are for Illegal aliens, (I agree they are) Then why did W almost force this amnesty guest worker program down our throats? Answer: (my answer anyway) Bush is just as much a lib as almost any lib democrat in congress. Quit oining for the good ole days when Bush and company were in charge. They were and are libs. I also agree, keep repeating: Nov 2, 2010 -- the election we vote in CONSERVATIVES and not the religious, wing nut, liberal RINOs.

Kim| 7.30.10 @ 8:29AM

What country will the Democrats move to when they are ousted from all the illegals they'll bring in? They'll then be the minority. Just how far can a democrat bend over - contortionistically?

Al Adab| 7.28.10 @ 3:36PM

What I read indicates that several provisions of the AZ Law are NOT enjoined. In the long run those may be the most significant.

And, what happens if Arizona just goes ahead, checks ID and holds illegals for ICE? Nothing wrong with that it appears. What if Arizona just says so what to the Feds?

Nate| 7.28.10 @ 10:05PM

Al Adab,

Good question. Here's the answer: it would be unconstitutional for AZ to say "so what to the Feds." You guys are always talking about the Constitution. Any chance you care to follow it when things aren't going your way?

WB| 7.28.10 @ 4:28PM

No surprise, considering this ruling is from a court in the Ninth Federal Circuit (remember, it's not called the "Ninth Circus Court of Appeals" for nothing). Arizona will doubtless appeal to the Ninth Circus Court of Appeals, likely lose and then have to appeal to the Supreme Court where they may finally have a fair chance of prevailing. Stay tuned!

Larry| 7.28.10 @ 4:43PM

Read Andy McCarthy's excellent post on National Review Online about the judge's order and the reasoning behind it. It is, as Andy says, a "spurious" piece of reasoning that conveniently ignores the controlling precedents and simply adopts lock-stock-and-barrel the arguments of the Justice Department and the ACLU. I agree, having read the Arizona law and some of the precedents Andy has cited in this and previous posts.

This is only a skirmish, round one of the battle; the Arizona law will, in my view, be ultimately upheld by SCOTUS.

Jack Kinch(1uncle)| 7.28.10 @ 4:54PM

We need patriotic judges to rule against a fed gov that picks and chooses which laws to enforce and which to ignore. A law is a law.

Tim*| 7.28.10 @ 6:02PM

This Obama Administration is provoking a rebellion.

These Bastards Are Deconstructionist Traitors .

The Tea Party Rebellion Escalates .

Remember In November .

Nate| 7.28.10 @ 10:02PM

"Deconstructionist Traitors."

Hilarious. Nice one, Tim.

You mean they use deconstructive hermeneutics to betray their country, or something else?

Bubba| 7.29.10 @ 5:25PM

Nate, your pedantry notwithstanding, that's just a little off... Tim is spot on. Traitor is apt as the subject; and deconstructionist is about right as the modifier. You remind me of that dude in 'Good Will Hunting' who tries to impress the sorority girls with vocabulary he picked up in his last Harvard class. Having witnessed Stanley Fish's minting of mindless postmodern PhDs at Duke, it seems you spent too much time with Derrida, Foucault and others who, at end, hate the West and specifically America and her exceptionalism.

S.L. Toddard| 7.28.10 @ 7:19PM

• The portion of the law that requires an officer make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested if there's reasonable suspicion they're in the country illegally.
• The portion that creates a crime of failure to apply for or carry "alien-registration papers."
• The portion that makes it a crime for illegal immigrants to solicit, apply for or perform work. (This does not include the section on day laborers.)
• The portion that allows for a warrantless arrest of a person where there is probable cause to believe they have committed a public offense that makes them removable from the United States.

Oh, just those parts? Just the part that has police looking for illegals, the part that makes it easy to identify who is illegal, and the part that removes the reason illegals come here? Just those! Nothing to see here.

Cris Worth| 7.28.10 @ 7:21PM

Dad told me in 1969 Mexico is an enemy and liberal federal judges are the greatest threat to our civil liberties. With emphasis on threat to American citizens' civil liberties not the civil liberties of illegal non-citizens. Now Dad's warnings have meshed...Balkanization of the country, the federal government refuses to enforce its own laws and obey the constitution; it's the beginning of the end of the Republic. Though a Clinton appointee Bolton was recommended by GOP senator John Kyl and was confirmed by unanimous consent of the Senate. In 2000 the senate was controlled by the Republicans therefore the GOP is complicit in this disaster just as much as any liberal Democrat.

Nate| 7.28.10 @ 10:10PM

So ... Your Dad was a bigot. So what?

When Republicans support seizing every DIME of a CEO whose company hires undocumented workers and sending that money to the villages in Mexico where they came from to support local small businesses and create jobs, I'll think maybe they're genuine when they say they don't like illegal immigration.

There are two issues you "conservatives" get screwed on EVERY TIME; two issues that cause you to vote against your OWN ECONOMIC INTERESTS. One is this issue, the so-called illegal immigration issue. They're USING you, and you seem to like it.

The other, of course, is organized labor. As unions have declined, so have YOU, and you let Fox News tell you to blame dirt farmers from south of the border. Maybe you really are the mental slaves you seem to be.

Bob| 7.29.10 @ 11:55AM

Cris' Dad was a prophet. Bigot? Mexicans are the bigots...they are trying to do as much harm as they can to the United States. Tweak the gringo if you will. Ever hear of ATZLAN?

martin j smith| 7.29.10 @ 7:58AM

I am not a lawyer so bear that in mind as to what I say. Could the Arizona legislature pass an ordinance or law that says something like thius: In any person who is arrested for actual or alleged criminal conduct--when asked to produce an ID --*( haqving nothing directly to do with their immingration status necessarily ) either gives an ID that is not real, a fake ID etc. Could they according to this "law" be arrested for ID theft
and kept in jail for say 30 days. This on top fo the original reason for arrest in the first place. There would be no questioning of their status
immigration wise at all.

Another issue or matter of laws is to change some of penalties just a bit to make them harsher for everyone. Like fines for example for speeding or driving without a liscence or DUI etc. Maybe indirectly the message might come accross that Arionz is not a good place for illegals. Go to New York or Pennssylvania or Mass.. Let the Liberal Left enjoy the benefits that they so bestow on everyone else. Then when the drug gangs start shooting you will bear a lot of NIMBY talk.

Robert Pinkerton| 7.29.10 @ 10:29AM

Mr. Smith, speaking as someone who lost his highest love of a lifetime in a motor vehicle accident caused by excessive speed, I say BRAVO! to your second paragraph.

Do you remember the bumper-sticker that said "My gun has killed fewer people than Ted Kennedy's car."? A motor vehicle has far and away more deadly and/or destructive potential than any non-automatic firearm.

What I would like to see, is drivers of motor vehicles supervised as closely as handgun carry-permit holders; also DUI first offense being made a class-1 misdemeanor, guaranteeing jail time for the offender followed by a multi-year ban from driving, second offense being a class-4 felony followed by a lifetime ban from driving.

Governor Brewer, are you open to suggestion?

martin j smith| 7.29.10 @ 10:05AM

I thought of another way of stating what have said above. A public annoncement should be made readil;y available to this effect: All of those who reside in the State border of Arizona should take notice. Since we are in a state of chaos and lawlessness we must now apply the letter of the law to every person equally no matter who you are. This means that breaking our laws will mean fines or jail time or both. This is not about the recent immigration issue it is about protecting law aboiding people in our state. So to those who drive without a liscence,without insure, DUI or DWI or those who participate in identity theft or are disorderly and o0ther such crimes not excluding any others--we will be watching you closely and we intend to keep this State as Peaceful and law abiding as possible.

Oldefarte| 7.29.10 @ 12:05PM

The solution to this------IMPEACHMENT after Republicans take back congress in November!!!!

AZFlyBoy| 7.29.10 @ 1:52PM

This could be a blessing in disguise. Keep reminding the voters about the illegals waving their mexican flags in celebration.

martin j smith| 7.29.10 @ 2:09PM

I have tried to sort thru in my mind a way of dealing with the crap the BHO regime is imposing on us. So, it seems to me using the State of Arizona as a case in point an opportunity to use legitimate reasons for arrest having nothing directly to do the immigration or status as of way of discouraging thye flow from Mexico.
Two concepts: Do not use the term immigration of status there of in this process. Two obviously do not ask of same. But three implement laws that already exist which I believe can psychologically create discouragement from those who believe coming is their Land of mIlk and Honey. Issues such as DUI,dwi,Lisences or Insurance issues I strongly suspect will probably be a large part of "illegals" behavior. And, indeed they are illegals. These of course are not the only issues: , ID theft,assault,drug trafficking or running, are also part of this just to name a few issues.
To the law abiding Arizona resident--fully l;egal and citizen being harsh and strict may be a hard price to bear, but in the long run it may be the best way to protect all citizens and others--even illegals. Mean appeal the case and persue the ruling as is happening not.

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More Blog Posts by W. James Antle, III

http://spectator.org/blog/2010/07/28/federal-judge-blocks-key-parts

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