[Guest post by DRJ]
U.S. District Judge Susan Bolton has issued a preliminary injunction blocking the four most controversial provisions of Arizona’s new immigration law:
“A federal judge on Wednesday blocked some of the toughest provisions in the Arizona immigration law, putting on hold the state’s attempt to enforce federal immigration policy.
Though the rest of the law is still set to go into effect Thursday, the partial injunction on SB 1070 means Arizona, for the time being, will not be able to require police officers to determine the immigration status of anyone they stop or arrests.”
Fox News has posted the court’s opinion.
I haven’t read the opinion so I can’t speak to its legal impact, but this strikes me as a decision that will politically energize conservatives between now and November. In addition, because this decision defangs the Arizona law, it makes it less likely there will be incidents that will give the Obama Administration grounds to sue Arizona for racial discrimination. Bottom line: Liberals won today but at what cost?
MORE: I’m adding the 4 provisions the Judge enjoined below the prompt.
From page 4 of the court’s opinion:
“Applying the proper legal standards based upon well-established precedent, the Court finds that the United States is likely to succeed on the merits in showing that the following Sections of S.B. 1070 are preempted by federal law:
Portion of Section 2 of S.B. 1070
A.R.S. § 11-1051(B): requiring that an officer make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested if there is a reasonable suspicion that the person is unlawfully present in the United States, and requiring verification of the immigration status of any person arrested prior to releasing that person
Section 3 of S.B. 1070
A.R.S. § 13-1509: creating a crime for the failure to apply for or carry alien registration papers
Portion of Section 5 of S.B. 1070
A.R.S. § 13-2928(C): creating a crime for an unauthorized alien to solicit, apply for, or perform work
Section 6 of S.B. 1070
A.R.S. § 13-3883(A)(5): authorizing the warrantless arrest of a person where there is probable cause to believe the person has committed a public offense that makes the person removable from the United States
The Court also finds that the United States is likely to suffer irreparable harm if the Court does not preliminarily enjoin enforcement of these Sections of S.B. 1070 and that the balance of equities tips in the United States’ favor considering the public interest. The Court therefore issues a preliminary injunction enjoining the enforcement of the portion of Section 2 creating A.R.S. § 11-1051(B), Section 3 creating A.R.S. § 13-1509, the portion of Section 5 creating A.R.S. § 13-2928(C), and Section 6 creating A.R.S. § 13-3883(A)(5).”