Federal Judge Blocks Part of Arizona Immigration Law

Ahhh... nothing like the sights and sounds of Racist Republican policies falling apart. And so it begins. Round one goes to the sane & rational. But the Right vows to fight on.

From MSNBC:

PHOENIX — A federal judge stepped into the fight over Arizona's immigration law at the last minute Wednesday, blocking the heart of the measure and defusing a confrontation between police and thousands of activists that had been building for months.

Coming just hours before the law was to take effect, the ruling isn't the end.

It sets up a lengthy legal battle that could end up before the Supreme Court — ensuring that a law that reignited the immigration debate, inspired similar measures nationwide, created fodder for political campaigns and raised tensions with Mexico will stay in the spotlight.

Protesters who gathered at the state Capitol and outside the U.S. Embassy in Mexico City cheered when they heard the news. The governor, the law's authors and anti-illegal immigration groups vowed to fight on.

"It's a temporary bump in the road," Gov. Jan Brewer said.

U.S. District Judge Susan Bolton will now have to decide a question as old as the nation itself: Does federal law trump state law? She indicated in her ruling that the federal government's case has a good chance at succeeding.

The Clinton appointee said the controversial sections should be put on hold until the courts resolve the issues, including sections that required officers to check a person's immigration status while enforcing other laws.

Key points

Bolton delayed provisions that required immigrants to carry their papers and banned illegal immigrants from soliciting employment in public places — a move aimed at day laborers. In addition, she blocked officers from making warrantless arrests of suspected illegal immigrants for crimes that can lead to deportation.

"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," Bolton wrote.

Read full report

It looks like this will drag on for quite some time, and will eventually be heard by the U.S. Supreme Court. The law was full of problems and had measures that were unconstitutional, even after the Arizona legislature tried to clean up their own mess by changing the text.

Related Links

See our previous postings on the Arizona Immigration Law here and here.

Read Commentary from Ruben Navarrette

Commentary from the Washington Post

Did Congressman Gutierrez Fail Government 101?

Disclaimer: I fully support immigration reform...and have supported it since this latest debate started (under George W. Bush).

However, I have been extremely annoyed recently by Rep. Luis V. Gutierrez (D-IL) and his verbal attacks aimed at President Obama. Gutierrez and his supporters have been lobbying the President hard to magically make comprehensive immigration reform a reality. But really....what exactly do they want Obama to do? Am I missing something here?

The President can't create and pass legislation. That's the job of the Congress. Obama can't sign into law what doesn't exist. And even if Nancy Pelosi, Steny Hoyer, Harry Reid & others were to craft some sort of legislation...it would barely get through the House, and would be dead on arrival in the Senate. The math simply doesn't work and everyone knows it (at least everyone except for Gutierrez). I wrote several months ago that the part of Obama's agenda that dealt with immigration reform was probably unachievable and would likely have to be dropped from his list of goals. It's a lost cause. I never believed it should have been something that President Obama should even try...especially after seeing what happened to George W. Bush (by his own Party). It would be a huge waste of political capital, after he already wasted vast amounts of political capital in his first year, fighting for what ended up being a bad health care reform bill in my view. Obama could waste another year on immigration reform and be left with nothing to show for it in the end. Meanwhile, he would be so weakened by it that he wouldn't be able to get anything else accomplished. If that's not bad enough, his efforts would simply be used as a basis for Republicans to energize their supporters going into the midterm elections... creating even bigger losses for Democrats than would have been the case otherwise.

A Republican President wasn't able to do it with a Republican Congress... Republicans blocked the effort. They are going to be even more aggressive in blocking Obama. Obviously nothing can be done before the mid-terms, and Gutierrez has to know this. Most members of Congress are worried about re-election and aren't going to touch the taboo subject (made taboo by Republicans/Tea Partiers). It's radioactive. There are just certain political and mathematical realities that cannot be ignored.

On the other side of the midterms, Republicans are expected to win back one, if not both Houses of Congress...making the passage of any legislation on comprehensive immigration reform impossible. Even under assessments friendly to the Democrats, Republicans are expected to gain so many seats...that even if they come up short on regaining the majority in the House or Senate, they will still be able to block legislation. So I just don't understand what Gutierrez, and his supporters, are so upset about. Why are they upset with Obama? Do they really believe he is Superman or some sort of political MacGyver? President Obama cannot make a proclamation and declare something to be law. Congressman Gutierrez and his supporters should be lobbying the other members of Congress.... not just the President (and perhaps they shouldn't be focused on the President at all in this case). Gutierrez should target Congressional Republicans in particular. That's where he should focus his anger. Not at the President.