Judge Blocks Key Parts Of SB1070

U.S. District Judge Susan Bolton in Arizona has blocked several key parts of Arizona’s tough immigration law, SB1070.  The judge seemed to indicate that the government’s argument was legitimate that immigration is a matter for the federal government and not for the states, despite the fact that the federal government has been derelict in that duty for decades.  The most important part, which directed police to determine the immigration status of people they had stopped, detained or arrested, was one piece that was blocked.  The judge also blocked other provisions that made it a crime for criminal invaders to seek or perform work in America, failing to get proper papers and blocked the arresting of a criminal invader because they are subject to deportation.

SB1070 was to go into effect tonight at midnight.  Arizona Governor Jan Brewer said about the ruling, “This fight is far from over. In fact, it is just the beginning, and at the end of what is certain to be a long legal struggle, Arizona will prevail in its right to protect our citizens.  I am deeply grateful for the overwhelming support we have received from across our nation in our efforts to defend against the failures of the federal government.”  The Governor also indicated that they will seek to appeal the ruling quickly and that The Court of Appeals could take up the case in days.  The law is expected to make it all the way to the Supreme Court sometime in October.

State Sen. Russell Pearce wrote the law and said he looks forward to a fight at the Supreme Court and said, “I wrote it to go to the supreme court.  I’m begging for that fistfight at the Supreme Court. We will win in a 5-4 decision and finally settle this problem.  My message to the judge is uphold the constitution. Uphold state’s rights. This is a battle of epic proportions. This is the states versus the central government.”

While the ruling is not surprising, it is ridiculous that a state is being prevented from protecting itself from an onslaught of criminal invasion.  Daily stories of the intense and violent crime just across the border from Arizona should have the government working quickly to build a fence and secure the nation, rather than filing lawsuits against Arizona seeking injunctions. 

Executive Director for The Center for Immigration Studies, Mark Krikorian, said, “If the opponents hadn’t turned it into this bogeyman, it would have been a useful, if modest, tool for the police.  Arizona does not have its own immigration policy, even with the law. They are buttressing federal law.”  And indeed SB1070 just seems to help Arizona enforce federal immigration laws that are already on the books.  The police no longer had their hands tied.  Now we will have to wait for the Supreme Court to rule once and for all on this and give state’s back their 10th Amendment rights.  I expect after that, many more states will follow Arizona’s lead.