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Friday, April 19, 2024 | Back issues
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Judge Blocks Controversial Part|of Arizona Immigration Law

(CN) - Parts of Arizona's new immigration law were blocked by a judge Wednesday. Although the law will still take effect Thursday, its most controversial component - which required officers to check a person's immigration status - will not.

"The court by no means disregards Arizona's interests in controlling illegal immigration and addressing the concurrent problems with crime including the trafficking of humans, drugs, guns and money," U.S. District Court Judge Susan Bolton wrote. "Even though Arizona's interests may be consistent with those of the federal government, it is not in the public interest for Arizona to enforce preempted laws."

Bolton also blocked the part of the law requiring immigrants to carry papers with them, and the part that made it illegal for undocumented workers to solicit employment in public.

Arizona Gov. Jan Brewer signed the Support Our Law Enforcement and Safe Neighborhoods Act into law on April 23. Seven days later, she signed into law a set of amendments to the bill.

As written, the law would require officers to check a person's immigration status, and allows officers to make a warrantless arrest if there is probable cause to believe the person committed an offense or is removable from the United States.

The law also would make it illegal for an illegal alien to apply for or carry registration papers, and banned unauthorized aliens from working.

The United States filed suit on July 6, challenging the law's constitutionality.

"By enforcing this statute, Arizona would impose a 'distinct, unusual and extraordinary' burden on legal resident aliens that only the federal government has the authority to impose," Bolton wrote.

She added that enforcement would place an unfair burden on the federal government.

"The number of requests that will emanate from Arizona as a result of determining the status of every arrestee is likely to impermissibly burden federal resources and redirect federal agencies away from the priorities they have established," Bolton wrote.

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