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Archive for Wednesday, July 28, 2010

Judge blocks parts of Arizona immigration law

July 28, 2010

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— A federal judge on Wednesday blocked the most controversial elements of Arizona’s new immigration law, thrilling the law’s opponents, dismaying its advocates and setting the stage for more legal battles in the future.

Opponents of Arizona State Bill 1070 celebrate Wednesday outside the Capitol in Phoenix.

Opponents of Arizona State Bill 1070 celebrate Wednesday outside the Capitol in Phoenix.

“We would have liked to have seen it all upheld, but a temporary injunction is not the end of it,” said Arizona Gov. Jan Brewer, who signed the legislation in April. “I look at this as a little bump in the road.”

The governor said she was looking forward to getting started on the appeals process. “Jan Brewer is not a quitter,” she said.

U.S. District Judge Susan Bolton halted implementation of the parts of the law that require police to determine the immigration status of people they stop and think are in the country illegally. She also forbade the state from charging anyone with failure to possess immigration documents, a crime under the new law.

In her 36-page decision, Bolton wrote that the measure would have hamstrung the federal government’s efforts to enforce immigration law.

“The federal government’s ability to enforce its policies and achieve its objectives will be undermined by the state’s enforcement of statutes that interfere with federal law,” she wrote.

The law’s supporters, who contended it was needed to stop illegal immigrants from coming to Arizona, vowed a swift appeal.

Immigrant-rights groups were ebullient. “It means justice will truly prevail,” said Lydia Guzman, president of Somos America, or We Are America.

Phoenix Vice Mayor Michael Nowakowski, an opponent of the measure, told reporters outside the courthouse that the ruling was “a victory for individuals who say the federal law is the federal law.”

Bolton’s ruling found that the Obama administration was likely to prevail at trial in proving that the provisions requiring police to determine immigration status and immigrants to carry documents, along with two other provisions of the sweeping law, were an unconstitutional attempt by Arizona to regulate immigration. Arizona is expected to immediately appeal the decision to the U.S. 9th Circuit Court of Appeals in San Francisco.

Comments

independant1 3 years, 8 months ago

we need a moratorium on illegal immigraton from mexico and s. america, so that the other economically challenged countries can send their fair share to usa. after they catchup then we can open the south border again but meter the exodus from each country. just make sure we have guest registers at all entry points.

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pooter 3 years, 8 months ago

Jefferson, along with James Madison, wrote the Kentucky and Virginia Resolutions in favor of State rights opposing the Alien and Sedition Acts passed in 1798 as unconstitutional on the grounds that they violated the 10th ammendment.

Sadly the Alien and Sedition Acts never made it before SCOTUS for judicial review since the Acts expired in 1801 when President Adams left office .

However, SCOTUS has mentioned the Acts in several of it's decisions, and based upon those opinions would have ruled them unconstitutional.

As for the Resolutions representing Jefferson's actual thinking, they contain his own words, words I am sure he did not write in jest.

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Jimo 3 years, 8 months ago

If you weren't so dense, you would realize that you had turned Jefferson's point upside down. Jefferson was pontificating on the nature of foreigners in counter-proposition to the Alien Act, sponsored by President John Adams and enacted into law by Congress. The Alien Act gave the gov't the power to deport(!) foreigners who criticized the gov't.

What you cut and pasted comes from the "Kentucky Resolutions" which was endorsed by the Kentucky legislature and then died of boredom when no other state nor political group was interested in making such absurd proposals. Jefferson was a hypocrite who claimed a populist, anti-federal interpretation of the constitution ... except when that view conflicted with something he wanted to do like embargo all shipping to Europe or buy "Louisiana."

The quote is the equivalent of a politician saying "my opponent steals from babies and consorts with the devil. I'm Thomas Jefferson and I endorse this message." It does NOT represent Jefferson's actual thinking and has the further demerit of being irrelevant seeing that the government of the United States has claimed and enforced the contrary claim starting with G. Washington and thereafter. In other words ... you lose.

So, all you've done is cited the personal opinion of T. Jefferson in defense of the rights of immigrants, legal and illegal - a man who in all likelihood would be turning his pen to defend the honor of aliens if he were alive today! Bravo, sir, bravo!!

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Robert Kiefer 3 years, 8 months ago

fight on arizona!! I support completely what Arizona is doing. I just wish they had the support of the *&%^tard FEDs who are supposed to do what Arizona is doing! Legal immigration good. Illegal immigration sucking life out of what is left of my country. If you are not here legally go home!!!!!!!!!!!!!!!!!!!

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deathpenaltyliberal 3 years, 8 months ago

"TopJayhawk (anonymous) says… Just another way of trying to take power away from the states and turn it all over to the Feds. The Fed. Gov is trying for a power grab. It's really what Obama wants."

Hey Constitutional scholar, immigration control is a power reserved for the Federal govt. Your argument is typical of the flip-flopping "conservative" mind.

And I guess you conservative GOP apologists haven't noticed that deportations have actually increased over the Bush years.

But that doesn't fit the narrative that Feds aren't doing enough. Or doing too much. Make up your minds.

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Wasilla_Wonder 3 years, 8 months ago

I like Jan Brewer. She has her lipstick on right.

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jayhawklawrence 3 years, 8 months ago

I wonder if anyone has done a reliable study on how much the non-management of immigration has cost US taxpayers compared to putting 30 million Americans into a National health care program?

Inefficiency in the management of resources is our problem. At least, I along with most Americans believe that.

I doubt if anyone is voting for people they actually like anymore, just for people that might not screw things up any worse.

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Mike Ford 3 years, 8 months ago

does any of the fake victims on this post remember the supremacy clause of the U.S. Constitution. The dumblicans loved reminding the democrats of it with all of the dumb things Dumya signed into law but when the tables are turned it's such a travesty... boooo hooooo.

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MarcyDarcy 3 years, 8 months ago

The federal government won't protect U.S. workers, local communities and taxpayers from illegal immigration. The federal government sues to stop states that try to help. The federal court system blocks Arizona from enforcing the federal laws that the federal government won't enforce. We have to fight back !!

Push your state rep to make a change. Google this: NUMBERSUSA.

Once you are registered, go to the "action buffet" to send FREE faxes now. They are all typed up and ready to go, you just need to click your mouse to send. Forward this to everyone you know. Don't let them ruin your state like they've ruined Arizona.

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tange 3 years, 8 months ago

"... said Arizona Gov. Jan Brewer, who signed the legislation in April, 'I look at this as a little bump in the road.'”

What is this failure on the parts of Republicans to so consistently mistake a sink- for a pothole?

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TopJayhawk 3 years, 8 months ago

Just another way of trying to take power away from the states and turn it all over to the Feds. The Fed. Gov is trying for a power grab. It's really what Obama wants.

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Mike Ford 3 years, 8 months ago

that's really funny snodgrass. too bad the umatilla and yakima tribes mostly stopped the outsiders from creating history by stealing the remains of an indigenous person and having some looney archaeology show on the History Channel to give pointless conspiracy supremacists afalse sense of denying indigenous longetivity on this continent. Meanwhile back to the post at hand, It's ironic that european immigrants who live in a state less than 100 years old are outraged because the indigenous peoples who lived in this area until 1847 want to come back and do hard work that no finger pointing armchair quarterback red-blooded fox watcher would ever do. I mean outdoor plant work is below them, right? There's no arrogance in their attitudes at all. How are American jobs are being taken when you couldn't even get a bottom of the rung american to do the hard work such people do. This whole thing is a bunch of red meat bs thrown by the dumblicans to rally their dumblican base. who needs substance to run a country anyway?

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Roland Gunslinger 3 years, 8 months ago

Curious... many on here are labeling her a "liberal activist" judge.

Though she was nominated by Clinton, she was sponsored (recommended) by Jon Kyl a Republican Senator from AZ and she was approved by a Senate where Rs were the majority by 8 seats.

If she is a "liberal activist" why were so many R's were willing to put her in the position she now holds?

Also her peers and lawyers who draw her call her even handed and unbiased. The perfect person to get this case as she is "a fair jurist." http://azstarnet.com/news/local/border/article_8c8e75a9-6af4-5392-b68b-4ee44ad6d547.html

She's registed as Independent in Maricopa County.

She's ruled in favor of border protection agents immunity from lawsuit when complaints were made about racial profiling in 2002.

In other words... people on here are so quick to use narratives when something doesn't go they way they want. We are so quick to label, blame, and excuse without any of the facts to support our postions.

Now that I know her background, her politics, and her reputation for being unbiased and fair I'm going to throw my support to her in the belief that she knows what she is doing is the right and legal thing.

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Darwin 3 years, 8 months ago

The people who are hiring the illegal immigrants are the ones who should be prosecuted. Gee...Bob's Janitorial in Lawrence comes to mind.

Bottom line...start at the top where the cause of all this exists.

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rockchalk1977 3 years, 8 months ago

Arizona should just skip over the 9th circus and appeal directly to the Supreme Court before the man-child PBO appoints another inexperienced political ideologue.

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jayhawklawrence 3 years, 8 months ago

If the people cannot trust their government to do the job for which it exists - to protect them and to promote their common welfare - all else is lost.

BARACK OBAMA, speech, Aug. 28, 2006

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namevitavresnoc 3 years, 8 months ago

http://blutube.policeone.com/media/4115-Dashcam-footage-of-officer-being-shot/

Illegals are peace loving workers that respect and honor law enforcement. Watch the video!

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Tom Shewmon 3 years, 8 months ago

Obama/Pelosi/Reid will all be insignificant in 2-3 years. Then we can repair the horrible damage.

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TrooGrit 3 years, 8 months ago

I think all the people in America who have a problem with enforcing our immigration laws, should pay for it. Pay us. You douche bags, pay us.

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TrooGrit 3 years, 8 months ago

ok jayhawklawrence....let's examine the alternatives:

10.2 % unemployment in America, no one can get a job.

2% unemployment amongst illegals, who pay no taxes, and yet add 50 B to the budget deficit for health care, schooling, etc.

Will you pay? will you?

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jayhawklawrence 3 years, 8 months ago

I don't want to trade the radical left for the radical right.

I just want common sense back in government.

I say we ignore the hate groups and their rhetoric if we can.

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TrooGrit 3 years, 8 months ago

Big_B, you said all the things I've been thinking. Let's end this now!

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LJ Whirled 3 years, 8 months ago

The Federal government needs to take real action, for real reform, real soon. For too long the Dems have seen illegals as potential voters, while the GOP see cheap labor. I see slavery. I see people who are not regarded as equals, or even human, but as commodities. The law must apply to all, and must protect all, or the Nation fails.

This decision simply allows the Feds to do nothing for a while longer.

In the meantime, we lower our standards, and have sub-people living in the shadows. Just because they are desperate enough to accept it does not make it acceptable.

We must enforce the law, which will not feel "nice". We must reform the law, which will not be easy. We cannot leave things as they are.

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AppleJack 3 years, 8 months ago

Dear Mr. President:

I'm planning to move my family and extended family into Mexico for my health, and I would like to ask you to assist me. We're planning to simply walk across the border from the U.S. Into Mexico , and we'll need your help to make a few arrangements. We plan to skip all the legal stuff like visas, passports, immigration quotas, and laws. I'm sure they handle those things the same way you do here. So, would you mind telling your buddy, President Calderon, that I'm on my way over? Please let him know that I will be expecting the Following:

  1. Free medical care for my entire family.

  2. English-speaking government bureaucrats for all services I might need, whether I use them or not.

  3. Please print all Mexican government forms in English.

  4. I want my grandkids to be taught Spanish by English-speaking (bi-lingual) teachers.

  5. Tell their schools they need to include classes on American culture and history.

  6. I want my grandkids to see the American flag on one of the flag poles at their school.

  7. Please plan to feed my grandkids at school for both breakfast and lunch.

  8. I will need a local Mexican driver's license so I can get easy access to government services.

  9. I do plan to get a car and drive in Mexico , but, I don't plan to purchase car insurance, and I probably won't make any special effort to learn local traffic laws.

  10. In case one of the Mexican police officers does not get the memo from their president to leave me alone, please be sure that every Patrol car has at least one English-speaking officer.

  11. I plan to fly the U.S. Flag from my house top, put U.S. Flag decals on my car, and have a gigantic celebration on July 4th. I do not want any complaints or negative comments from the locals.

  12. I would also like to have a nice job without paying any taxes, or have any labor or tax laws enforced on any business I may start.

  13. Please have the president tell all the Mexican people to be extremely nice and never say critical things about me or my family, or about the strain we might place on their economy.

  14. I want to receive free food stamps.

  15. Naturally, I'll expect free rent subsidies.

  16. I'll need income tax credits so although I don't pay Mexican Taxes, I'll receive money from the government.

  17. Please arrange it so that the Mexican Gov't pays $4,500 to help me buy a new car.

  18. Oh yes, I almost forgot, please enroll me free into the Mexican Social Security program so that I'll get a monthly income in retirement.

I know this is an easy request because you already do all these things for all his people who walk over to the U.S. from Mexico I am sure that President Calderon won't mind returning the favor if you ask him nicely.

Thank you so much for your kind help.

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jayhawklawrence 3 years, 8 months ago

Most Americans are very tired of this immigration problem. I think the liberals underestimate the anger that people are having toward irresponsible government.

I think the decision to sue the state of AZ is a pivotal issue that will end the Democratic majority in Congress.

Barring a miracle, like another couple of idiots winning the Republican primaries, I think Obama is going to hit the lecture circuit earlier than he planned.

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TrooGrit 3 years, 8 months ago

Judges have been defining law from the bench since our inception, as a country. Some are good, some are bad. I can't say that i totally agree with her, or disagree, but I'm saddened. She basically gutted the current law. She's not the last to hear this.

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RATM 3 years, 8 months ago

This comment was removed by the site staff for violation of the usage agreement.

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newmedia 3 years, 8 months ago

Anybody really surprised with that liberal judge?

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Mike Ford 3 years, 8 months ago

if this law would've been left intact, I would've suggested there be a competency test on the constitution and American History that tea partiers and GOP people had to take to vote so they would be forced to realize that just because Glenn "Dropout" Beck writes something on a chalkboard doesn't make it actual American History or Government policy.

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sherlock 3 years, 8 months ago

so when an American is arrested, dont they have to show identification? Fingerprints that are kept on record? Picture Ids now have to be shown to even see youre physician, etc. So why is it illegal for this to happen in AZ? Just think if you traverse to Mexico what would happen if you lost/didnt have proper papers? Yeah into the pokey, and throw away the key! Sorry dont know them, never heard of them etc. Yep we cater to the illegals, give them a free ride, jobs, housing, free schooling, money, food, health care etc. Yet many Americans dont have health care, jobs or even a place to hang their hats! Is this fair? So why doesnt our "wonderful government" stop the aliens coming enmasse to the good old USA? Yeah why?????? Oh yeah---wait, if we give them amnesty, then they will vote for that gov. person who turned their heads? Right?

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TrooGrit 3 years, 8 months ago

Now now, I proposed Bea to go to the front lines...let's let her go, and report back to us. Bea, you'll be a faithful reporter, right? Right?

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jaywalker 3 years, 8 months ago

" based on a false premise that it would "stop the flow of illegals into the state,"

That's a curious assertion to make considering the mass exodus that's been reported of late because of the approaching start date of the law.

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beatrice 3 years, 8 months ago

Excellent news. It was a flawed law based on a false premise that it would "stop the flow of illegals into the state," as was so often stated. Time to go back to the drawing board and come up with a rational solution to a problem.

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namevitavresnoc 3 years, 8 months ago

Democrats celebrate the trampling of the piece of paper which is our Constitution. Democrats against the rule of law and civil society.

Republicans too weak to respond. Conservatives unwilling to force the Obama regime to fulfill its constitutional requirements.

Entire system of government corrupt.

Public apathy rules the day.

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jstthefacts 3 years, 8 months ago

For today, freedom, America, and her constitution prevail. Those who wish to have government destroy our rights and trample on the constitution will be back attacking the very fiber of what america has always stood for. For now, America can still be proud.

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Tom Shewmon 3 years, 8 months ago

The Obama-supporting media is already claiming victory, far before this is close to over, by all indications thus far. As Pitts would say, they are quick on the trigger to create a new "narrative" leading into the mid-term elections. Deplorable, yet expected. The disregard for the constitution and laws by the majority of this forum to suit their nutty far-left ideology continues to not surprise me. Maybe one day, me, as a waspy hetero male will be fighting for my freedom(s) think? Our current leadership scares me.

God help us.

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TrooGrit 3 years, 8 months ago

Pooter:

How can the feds win against Arizona, for enforcing federal law?

It's not against federal law (that I know of) for you to have sex with a goat! Should there be some kind of law against that, other than it'd be an insult to the goat!

Look, I understand what you are saying, but as long as you have extremists such as Obama and Holder in the White House, we should remain vigilant, against their liberal strangleholds, and protest their every dumb assed move. They are enslaving you, America! Wake up!

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pooter 3 years, 8 months ago

I hope the Feds win their lawsuit against Arizona.

It'll set the legal precedence needed to throw out every state law thats been passed in every state that parrots any federal law.

If a state law is already addressed at the Federal level, it will be unconstitutional for states to enforce them.

So for starters we can say bye bye to state drug laws and state enforcement of drug laws.

Felon in possession of a firearm?

Not a state problem, the Feds already have a law.

And everyone charged with any one of these soon to be unconstitutional state crimes will have to have their records expunged.

Thanks Obama and Attorney General Eric Holder.

Pretty nice way for all the states to clear their books of useless duplicate laws and empty out a lot of prisons.

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rockchalk1977 3 years, 8 months ago

Ain't over by a long shot. How about we have the same immigration law that Mexico does. An illegal immigrant caught in Mexico can be fined $450 and deported, and if they’re caught entering illegally a second time, they can spend 10 years in prison. Furthermore, local Mexican police must assist the Federales in apprehending illegal immigrants, just as in Arizona/Nebraska. And remember all those immigrants demonstrating in the streets of Phoenix protesting. Why, it’s illegal in Mexico for non-citizens to protest government actions! Maybe we should be more like Mexico, after all. It only seems fair... right?

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Snodgrass 3 years, 8 months ago

This is one of the finest Clinton appointed Judges of all time. This decision should garner Democrats easy victories in November.

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blindrabbit 3 years, 8 months ago

Great! What does this do for Herr Kobach. Wonder if Fremont, Nebraska is doing a turnaround about hiring him. Maybe this will get the Feds. to be proactive into addressing this issue. Need to get wishy-washy McCain to move this along.

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LJ Whirled 3 years, 8 months ago

The GOP couldn't have bought this kind of motivation for voters to turn out in the mid-terms.

For it or against it, it has hit the fan in earnest.

I hope this will end the quasi-slavery of Federally-condoned illegal immigration, and that the law will be modified and then enforced to reflect a reality we can all live with ... whatever that may be.

In the meantime, we are continuing to allow a system where a subclass of people in our Nation are living in the shadows, where they are not expected to obey the law and not afforded equal protection of the law. This is the real issue, unless you are a smuggler or a meatpacker.

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ivalueamerica 3 years, 8 months ago

You can not violate the Contitution, no matter how serious the matter.

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jaywalker 3 years, 8 months ago

Not shocked this judge made this ruling. Oh well, AZ, guess you get to keep losing billions every year.

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TrooGrit 3 years, 8 months ago

Wow....so federal law is not federal law then. Is that what this administration and our judicial system is saying? Wow. Guess it's time to move from the land of the free, which has been renamed to the land of the fee.

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scott3460 3 years, 8 months ago

Next move, Arizona. It would be nice to see them go after the cheat employers who hire illegal immigrants to the detriment of our citizens, but I suspect we will not see that happening.

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Flap Doodle 3 years, 8 months ago

"The judge also put on hold a part of the law that required immigrants to carry their papers at all times..." That's been a federal law for decades.

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