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July 28, 2010

Breaking: Judge Blocks Parts Of AZ Immigration Law

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It's not overturned but an injunction against the most important parts of the bill until a full trial takes place.

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 those sections should be put on hold until the courts resolve the issues. Other provisions of the law, many of them procedural and slight revisions to existing Arizona immigration statute, will go into effect at 12:01 a.m.

..."There is a substantial likelihood that officers will wrongfully arrest legal resident aliens under the new (law)," Bolton ruled. "By enforcing this statute, Arizona would impose a 'distinct, unusual and extraordinary' burden on legal resident aliens that only the federal government has the authority to impose."

Legal Insurrection has the decision.

Possibly Related: Obama's Hispanic support has been dropping lately. Will they be happy with this or will it seem like table scraps compared to Obama's inability/disinterest in passing immigration amnesty?

Meanwhile, the Arizona law enjoys 55% support nationally, which is probably better than any politician in the country. Well, we always knew Obama was bad at math.

As for the ruling itself, not being a lawyer I don't want to get too in the weeds but given that the standard for an injunction in this situation is the plaintiff (in this case, the US Government), "must establish that he is likely to succeed on the merits [i.e. win at trial], that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest.” it doesn't sound good.

AZ Governor Jan Brewer can appeal the injunction but Arizona is part of the 9th Circuit, so, good luck with that.

Lesson reiterated...never read too much into what questions a judge asks at a hearing for clues about how they will rule.

If you'd like to get into the legal weeds, Andy McCarthy has you covered.


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posted by DrewM. at 01:34 PM

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