Federal judge blocks most controversial parts of Arizona’s immigration law

A federal judge dealt a serious rebuke to Arizona’s immigration law on Wednesday when she put most of the crackdown on hold just hours before it was to take effect.

The ruling by U.S. District Judge Susan Bolton shifts the immigration debate to the courts and sets up a lengthy legal battle that may not be decided until the Supreme Court weighs in. Republican Governor Jan Brewer said the state will likely appeal the ruling and seek to get the judge’s order overturned.

But for now, opponents of the law have prevailed: The provisions that most angered opponents will not take effect, including sections that required police 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 labourers. 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,” Judge Bolton, a Clinton appointee, said in her decision.

She said the controversial sections should be put on hold until the courts resolve the issues. Other provisions of the law, many of them slight revisions to existing Arizona immigration statute, went into effect at 12:01 a.m. Thursday.

The law was signed by Ms. Brewer in April and immediately revived the U.S. national debate on immigration, making it a hot-button issue in the midterm elections. The law has inspired similar action elsewhere, prompted a boycott against Arizona and caused an unknown number of illegal immigrants to leave the state.

Lawyers for the state contend the law is a constitutionally sound attempt by Arizona to assist federal immigration agents and lessen border woes such as the heavy costs for educating, jailing and providing health care for illegal immigrants. Arizona is the busiest gateway into the United States for illegal immigrants, and the state’s border with Mexico is awash in drugs and smugglers that authorities badly want to stop.

Ms. Brewer’s lawyers said Arizona shouldn’t have to suffer from the U.S.’s broken immigration system when it has 15,000 police officers who can arrest illegal immigrants.

“It’s a temporary bump in the road; we will move forward, and I’m sure that after consultation with our counsel we will appeal,” Ms. Brewer said. “The bottom line is we’ve known all along that it is the responsibility of the feds and they haven’t done their job, so we were going to help them do that.”

The ruling came just as police were making last-minute preparations to begin enforcement of the law and protesters were planning large demonstrations against the measure. At least one group planned to block access to federal offices, daring officers to ask them about their immigration status.

In a sign of the international interest in the law, about 100 protesters in Mexico City who had gathered in front of the U.S. Embassy broke into cheers when speakers told them about the federal judge’s ruling. The demonstrators had been monitoring the news on a laptop computer on the stage.

The crowd clapped and started chanting, “Migrants, hang on, the people are rising up!” By News