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Key Provisions of Arizona Immigration Law Blocked by Federal Judge

August 2, 2010

 

Key Provisions of Arizona Immigration Law Blocked by Federal Judge

U.S. District Judge Susan Bolton issued a temporary injunction last week blocking implementation of the toughest provisions of Arizona’s controversial immigration law, known as SB 1070. As expected, Judge Bolton allowed other less controversial sections of the state statute to stand. The ruling blocks the section that required local and state law enforcement officials to check the immigration status of those they suspected were illegal immigrants. The Obama administration argued that the law would usurp the exclusive federal right to implement and enforce immigration law.

Bolton’s injunction also blocks the portion of the law that made it a state crime for an illegal foreign resident in Arizona to solicit, apply for, or perform work. Much of the rest of the law remains intact and those provisions took effect Thursday, July 29.

The judge’s ruling means that Arizona officials will begin enforcing the remaining parts of the law, even while litigation about the entire law – and the enjoined sections – continues in the courts. Among the parts of the law that have taken full effect is a provision allowing Arizona residents to sue any state office or agency for failing to fully enforce immigration laws. Also still in the law are provisions creating a new state crime of human smuggling, stopping a motor vehicle to pick up day laborers, and knowingly employing illegal foreign residents.