Not unexpected in my opinion, but it’s important to note a portion of Arizona SB 1070 will go into effect. A federal judge has issued a temporary restraining order on portions of the law, including the part where law enforcement should make reasonable attempt to check immigration status, and act accordingly during lawful contact.
Update: Scroll down for an additional perspective from frequent radio guest Andrew McCarthy.
First, as a primer, let’s review the wording of the actual legislation, from Title 11, Chapter 7, Article 8 of the Arizona Revised Statues.
B. For any lawful contact made by a law enforcement official or agency of this state or a county, city, town or other political subdivision of this state where reasonable suspicion exists that the person is an alien who is unlawfully present in the united states, a reasonable attempt shall be made, when practicable, to determine the immigration status of the person. The person’s immigration status shall be verified with the federal government pursuant to 8 united states code section 1373(c).
C. If an alien who is unlawfully present in the united states is convicted of a violation of state or local law, on discharge from imprisonment or assessment of any fine that is imposed, the alien shall be transferred immediately to the custody of the united states immigration and customs enforcement or the united states customs and border protection.
From the New York Times, Judge Susan Bolton noted in her ruling…
“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.”
The full 36 page ruling from Bolton is embedded below, but here is a screen shot from the ruling concerning the points the judge think the United States attorney likely has a point.
The Obama administration’s point on the “don’t bother them” side of the argument is not based on racial discrimination or human rights. They think these laws are the exclusive purview of the federal government, not the state.
That said, the Arizona legislation is worded in almost the exact way as current federal law, which the Obama administration – and previous administrations including George W. Bush – have been completely unwilling to enforce.
Exit question: If a law is to be the exclusive domain of the federal government, and the federal government refuses to enforce such law, and refuses to allow states to enact legislation to help, forcing the federal government to pick up the slack and do their damn job, where the hell does that leave the United States of America?
The following PDF is courtesy of the Legal Insurrection blog. Do you find it interesting the main stream media – including Fox News, CNN, ABC News, CBS News, MSNBC et. al. have yet to post the full ruling, yet a blogger has?
Update 1: The New York Times now has the PDF of the ruling.
Update 2: Andrew McCarthy chimes in over at NRO’s The Corner. Read his full post, even though he says he has not had time to review the ruling in detail.
However this ruling came out, it was only going to be the first round. Appeal is certain. But the gleeful Left may want to put away the party hats. This decision is going to anger most of the country. The upshot of it is to tell Americans that if they want the immigration laws enforced, they are going to need a president willing to do it, a Congress willing to make clear that the federal government has no interest in preempting state enforcement, and the selection of judges who will not invent novel legal theories to frustrate enforcement. They are not going to get that from the Obama/Reid/Pelosi Democrats.