Federal District Court Judge Susan Bolton, during the course of a July 22 hearing, made it clear to parties attacking and parties defending the new Arizona immigration law, SB 1070, that she will not issue a ruling that invalidates the entire law before it goes into effect on July 29. Her questioning of ACLU lawyer Omar Jadwat may provide some insight into Judge Bolton’s rulings in the case. The judge asked Jadwat: “Why can’t Arizona be as inhospitable as they wish to people who have remained and entered the United States illegally? Who am I to stop the state of Arizona?”

Judge Bolton asked Arizona State Attorney John Bouma if the Arizona state law pre-empts federal law, which might create problems with the Supremacy Clause of the Constitution. Bouma answered: “Law-enforcement officer have been enforcing federal immigration laws for years.” The judge also has questions about the requirment that the immigration status of person under arrest must be determined before that person can be released.  Bouma explained that U.S. citizens do not have any “immigration status” and so the provisions of the law relating to when an individual could be released would have no applicability to American citizens.

Nina Perales, counsel for the Mexican American Legal Defense and Education Fund, argued that the new state crime of “willful failure to complete and carry an alien registration document” would create a new class of non-citizens, noting that some of these individuals may be seeking political asylum or be in the midst of naturalization as a citizen. Judge Bolton indicated that the Arizona legal argument in support of this provision may not be adequate, because of possible state pre-emption of federal law.

The tenor of the hearing suggests that Judge Bolton may enjoin enforcement of some provisions of the law but not all the provisions, and that she was giving deference to an Arizona law that was consciously crafted to simply provide for the enforcement of existing federal law. Whatever the rulings of Judge Bolton in District Court, it is likely that the case will wind its way up the federal appellate levels to the Supreme Court.

Politicians and average citizens have taken strong and passionate positions on this issue, which often appears less a legal issue than a political and cultural issue. Polls consistently have shown that Americans support the Arizona law. In Arizona itself, once anemic polls for Governor Jan Brewer (who, as Arizona Secretary of State, became Governor when Janet Napolitano became Secretary of Homeland Security) have completely reversed after her stout defense of the Arizona law, and she is now a strong favorite to win election in Novemeber.

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disgusted! said:

Boycott all things Mexican! O.K. folks. Time to start voting with your wallets as well as at the polls. No more vacations to Mexico and stop buying all products and produce from Mexico!!!! I will no longer spend a penny of my hard earned $$ on anything that this country produces!! BOYCOTT MEXICO!!!!

July 24, 2010

Jimmythewelder said:

Things are out of hand Judging from the general attitude of Hispanics I encounter in the course of everyday business it is becoming evident that they feel as though they already own America. Open contempt for our laws, our way of life and Americans in general manifests itself in every facet of their behavior. To say that they are acting like unwelcome guests is an understatement. The general feeling of US citizens in my area is that they are just waiting for a signal of some sort to embark on a physical takeover. The fact that the president of the US and his administration seem ready and willing to give this signal is most disturbing.

July 24, 2010

BigEd said:

I will help out... Living in New Mexico, I have watched this develop over the last 10 yrs. At first there were few Mexicans around, now they are everywhere. I hate to go to Walmart, it is full of them. I call it "The Peoples Store". I have seen lots of young females with their "anchor babies" at Walmart.......just really disgusting. New Mexico, is a "sanctuary state" for Mexicans. We even give them drivers licences. I am hoping that this November, we can elect a conservative government and make wholesale changes here.

July 24, 2010

We need immigrants, Lowly rated comment [Show]

..., Lowly rated comment [Show]

john wesley nobles said:

Mr. In my view Judge Bolton ruled correctly. Suing Arizona is wasting our tax money. This is not about Immigration Policy, it is about Illegal Invasion, which is against our laws. The federal government is required by the Constitution to protect the states from invasion. The federal government has not done their job. In 1954 it was purported that President Eisenhower deported 13 million Illegals in about 2 years. Illegals should be deported now and Immigration Policy should be reformed to accept about half of current quotas and only in professions needed by America. Think we have enough unskilled in our country already. Maybe we should follow Mexico's policies, that are a lot more stringent than ours. It is well to remember that our national security is placed at risk in a number of ways when Illegal Invasion is allowed. We must be very selective on who is allowed into our country, especially now that we are the largest debtor nation in the world. Bravo, Judge Bolton, Governor Brewer and the State of Arizona, you have taken proper action!

July 25, 2010

Jimmythewelder said:

Revised Immigration Policy. Perhaps it may be prudent to adopt immigration policies for "guest workers" that are commensurate with those of their country of origin. In the case of Mexicans, for instance, require them to conform to the same immigration standards and rules that apply to foreigners entering their homeland. Most countries aside from the US have very rigorous and exacting standards in this respect. This policy would certainly quell any argumentation about "unfair" or "biased" treatment.

July 25, 2010

Police enforcement, Lowly rated comment [Show]

curt said:

... Deporting illegal alliens is not even close to nazism, it is simply protecting our country, our economy, and OUR LIVES. No one is proposing geniside, only removing illeagle ailliens (criminals) from our country.

July 26, 2010 | url

R. Fenton said:

... What a spineless bitch........... check out the laws in place for some time in Missouri & Rhode Island........ They are identical & have stood up to court battles. I don't think this will stop here in Az. Deport all who are "illegal", no state benefits, and no amnesty. Let them immigrate the right way, &.......learn English.

July 28, 2010