http://www.blogger.com/post-create.g?blogID=7361763782222364980
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.
Now, on what grounds did she place a temporary hold on those provisions of the new law?
"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."
Hmmm... My understanding of Federal Law, which could conceivably be wrong, is that all of these things are already imposed. Illegal aliens must produce their immigration papers when requested by US law enforcement officials.
And my understanding of the Arizona law is that they criminalized the same things that Federal law did, so that they can have their law enforcement officers work to resolve the illegal alien problem.
In my own humble opinion, the fact that some legal residents may be asked for papers or mistakenly arrested is a risk inherent in the mere existence of immigration law! If Judge Bolton is serious, she's saying that Federal immigration law cannot be enforced. Period.
So, this preliminary order has been issued... which, by the way, I think is going to hurt Democrats at the ballot box in November. After all, most of the country LIKES the Arizona law and wants one just like it in THEIR state. But be that as it may, the court cases still have to be heard. This is just a preliminary injunction.
It is my prediction that Arizona will lose at the lower court level. Period. When it comes to the Supreme Court... there is a CHANCE that they will rule in favor of Arizona. The decision will definitely be a 5-4 decision, I just don't think there's any way of predicting which way the swing votes will... well, swing.
UPDATE: You can read the judge's decision here.
http://www.azd.uscourts.gov/azd/courtinfo.nsf/983700DFEE44B56B0725776E005D6CCB/$file/10-1413-87.pdf?openelement

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