SB1070: Blocked and Allowed

U.S. District Judge Susan Bolton ruled today on a requested injunctions of the Arizona Immigration Law. As expected some parts were placed under injunction, others allowed to go into effect in just the first phase of what is going to become a long legal battle over immigration. Perhaps what I like best about the ruling is it keeps in place the provisions prohibiting the pro-illegal and sanctuary supporting politicians and government agencies from refusing to enforce existing Federal immigration law or actively usurp it. In other words, those who’d attempt to turn Arizona into a sanctuary state or its cities into sanctuary cities are screwed.


Prohibited enforcement:

Portions of Section 2 requiring officers to 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 U.S. and requiring verification of the immigration status of any person arrested prior to releasing that person

(Ed note: This means an officer could determine immigration status if they wanted to, just that they are no longer required to make that determination.)

Section 3 creating a crime for the failure to apply for or carry documentation of legal residency

Portions of Section 5 creating a crime for an illegal immigrant to solicit, apply for or perform work

Section 6 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 U.S.

Allows enforcement of:

Portions of Section 2 prohibiting Arizona officials, agencies and political subdivisions from limiting enforcement of federal immigration laws; requiring state officials to work with federal officials with regard to illegal immigrants; allowing legal residents to sue any state official, agency or political subdivision for adopting a policy of restricting enforcement of federal immigration laws to less than the full extent permitted by federal law

Section 4 amending the crime of human smuggling

Portions of Section 5 creating a crime for stopping a motor vehicle to pick up day laborers and for day laborers to get in a motor vehicle if it impedes the normal movement of traffic; and creating a separate crime for a person in violation of a criminal offense to transport or harbor an illegal immigrant or encourage an illegal immigrant to come to or live in Arizona.

Section 7 amending the crime of knowing employment of illegal immigrants

Section 8 amending the crime of intentional employment of illegal immigrants

Section 9 amending the requirements for checking employment eligibility

Section 10 amending the provisions for the removal or impoundment of a vehicle to permit impoundment of vehicles used in the transporting or harboring of illegal immigrants

Section 11 creating the gang and immigration intelligence team enforcement mission fund

Sections 12 and 13 administering S1070

Today, though, is just the beginning, and those on both sides of the issue know it. Illegal immigration isn’t going away until the existing laws are actively, aggressively enforced and true reform (not blanket amnesty as some aim for) can be put in place. No amount of whining from the corrupt government of Mexico and pro-illegal supporters is going to change that fact.

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