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.
Correct me if I"m wrong, but doesn't every legal resident have to carry their papers by federal law? I guess everywhere in Arizona now?
In addition, she blocked officers from making warrantless arrests of suspected illegal immigrants for crimes that can lead to deportation.
Again.. isn't this already legal everywhere? Except for Arizona now?
"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.
Say what? They were arrested, they've temporarily given up those "liberties'...
She did get to the "pre-emption" part of the argument..
In her ruling, Bolton said the interests of Arizona, the busiest U.S. gateway for illegal immigrants, match those of the federal government. But, she wrote, that the federal government must take the lead on deciding how to enforce immigration laws.
The core of the government's case is that federal immigration law trumps state law — an issue known as "pre-emption" in legal circles. In her ruling, Bolton pointed out five portions of the law where she believed the federal government would likely succeed on its claims.
Correct me if I'm wrong, but SB1070 was written and passed, because the federal government WASN'T taking the lead?
Ironically, I'm guessing the judgment has done one thing: this has done is pretty much insured that as long as Governor Brewer keeps fighting for this, and doesn't do anything stupid, I'm guessing she's getting re-elected year in and year-out, despite her upcoming opponent's claim that this will be her death-knell...
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