Legal Commentary

Judge Enjoins Most of AZ Immigration Law

By Jonathan H. Adler

This morning, U.S. District Court Judge Susan Bolton issued a preliminary injunction blocking key provisions of Arizona?s immigration law from taking effect on the grounds that these provisions are likely to be preempted by federal law.  The Arizona Republic reports:

Key parts of Senate Bill 1070 that will not go into effect Thursday:

?  The portion of the law that requires an officer make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested if there?s reasonable suspicion they?re in the country illegally.

?  The portion that creates a crime of failure to apply for or carry ?alien-registration papers.?

?  The portion that makes it a crime for illegal immigrants to solicit, apply for or perform work. (This does not include the section on day laborers.)

?  The portion that allows for a warrantless arrest of a person where there is probable cause to believe they have committed a public offense that makes them removable from the United States.

The ruling says that law enforcement still must enforce federal immigration laws to the fullest extent of the law when SB 1070 goes into effect at 12:01 a.m. Thursday. Individuals will still be able to sue an agency if they adopt a policy that restricts such enforcement.

Bolton did not halt the part of the law that creates misdemeanors crimes for harboring and transporting illegal immigrants.

The order is here.  NYT coverage here.

Full post as published by The Volokh Conspiracy on July 28, 2010 (boomark / email).