Judge Defangs Arizona Immigration Law
U.S. District Judge Susan Bolton decided Wednesday that SB 1070's most controversial bits, such as requiring immigrants to carry papers wherever they go, will have to wait until the courts can sort out the mess. As written, the law, which was set to take effect Thursday, would restrict the liberty of "lawfully-present aliens," the judge said.
U.S. District Judge Susan Bolton decided Wednesday that SB 1070’s most controversial bits, such as requiring immigrants to carry papers wherever they go, will have to wait until the courts can sort out the mess. As written, the law, which was set to take effect Thursday, would restrict the liberty of “lawfully-present aliens,” the judge said.
The judge agreed with the view that federal immigration law trumps SB 1070.
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But for now, opponents of the law have prevailed: The provisions that most angered opponents will not take effect, including sections that required officers to check a person’s immigration status while enforcing other laws.
The judge also delayed 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 — a move aimed at day laborers. In addition, the judge blocked officers from making warrantless arrests of suspected illegal immigrants.
“Requiring Arizona law enforcement officials and agencies 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,” Bolton, a Clinton appointee, said in her decision.
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