Immigration

IMMIGRATION

Immigration ruling could send message to states

 

Similar stories:

  • Supreme Court hears Arizona’s voter proof-of-citizenship case

  • Judge lets Ariz. immigrant license policy stand

  • Problems surface over Ariz.'s 2007 immigration law

  • Does Tallahassee dictate too much to cities, counties?

  • As immigration debate changes, will Kris Kobach's influence wane?

Associated Press Writer

States that had been watching Arizona's immigration law in hopes of copying it received a rude awakening when a judge put most of the measure on hold and agreed with the Obama administration's core argument that immigration enforcement is the role of the federal government.

The ruling marked a repudiation of the Arizona law as U.S. District Judge Susan Bolton indicated that the government has a good chance at succeeding in its argument that federal immigration law trumps state law. It was an important first-round victory for the government in a fight that may not be settled until the U.S. Supreme Court weighs in.

But opponents of the law said the ruling sends a strong message to other states hoping to replicate the law. "Surely it's going to make states pause and consider how they're drafting legislation and how it fits in a constitutional framework," Dennis Burke, the U.S. Attorney for Arizona, told the Associated Press. "The proponents of this went into court saying there was no question that this was constitutional, and now you have a federal judge who's said 'hold on, there's major issues with this bill.'"

He added: "So this idea that this is going to be a blueprint for other states is seriously in doubt. The blueprint is constitutionally flawed."

Gov. Jan Brewer called Wednesday's decision "a bump in the road" and vowed to appeal.

Her spokesman Paul Senseman said the state would ask the 9th U.S. Circuit Court of Appeals in San Francisco on Thurdsay to lift Bolton's preliminary injunction and to expedite its consideration of the state's appeal.

The key sponsor of Arizona's law, Republican Rep. Russell Pearce, said the judge was wrong and predicted that the state would ultimately win the case.

In her temporary injunction, Bolton delayed the most contentious provisions of the law, including a section that required officers to check a person's immigration status while enforcing other laws. She also barred enforcement of parts requiring immigrants to carry their papers and banned illegal immigrants from soliciting employment in public places - a move aimed at day laborers that congregate in large numbers in parking lots across Arizona. The judge also blocked officers from making warrantless arrests of suspected illegal immigrants.

"Requiring Arizona law enforcement officials and agencies to determine the immigration status of every person who is arrested burdens lawfully present aliens because their liberty will be restricted while their status is checked," said Bolton, a Clinton appointee who was assigned the seven lawsuits filed against Arizona over the law.

Other provisions that were less contentious were allowed to take effect Thursday morning, including a section that bars cities in Arizona from disregarding federal immigration laws.

The 11th-hour ruling came just as police were preparing to begin enforcement of a law that has drawn international attention and revived the national immigration debate in a year when Democrats are struggling to hold on to seats in Congress.

The ruling was anxiously awaited in the U.S. and beyond. About 100 protesters in Mexico City who had gathered in front of the U.S. Embassy broke into applause when they learned of the ruling. They had been monitoring the news on a laptop computer. Mariana Rivera, a 36-year-old from Zacatecas, Mexico, who is living in Phoenix on a work permit, said she heard the news live on a Spanish-language news program.

Associated Press Writers Paul Davenport and Jacques Billeaud contributed to this report.

Read more Immigration stories from the Miami Herald

Miami Herald

Join the
Discussion

The Miami Herald is pleased to provide this opportunity to share information, experiences and observations about what's in the news. Some of the comments may be reprinted elsewhere on the site or in the newspaper. We encourage lively, open debate on the issues of the day, and ask that you refrain from profanity, hate speech, personal comments and remarks that are off point. Thank you for taking the time to offer your thoughts.

The Miami Herald uses Facebook's commenting system. You need to log in with a Facebook account in order to comment. If you have questions about commenting with your Facebook account, click here.

Have a news tip? You can send it anonymously. Click here to send us your tip - or - consider joining the Public Insight Network and become a source for The Miami Herald and el Nuevo Herald.

Hide Comments

This affects comments on all stories.

Cancel OK

  • Videos

  • Quick Job Search

Enter Keyword(s) Enter City Select a State Select a Category