ARIZONA is preparing to ask an appeals court to lift a judge’s ruling that put most of the state’s immigration law on hold in a key first-round victory for the federal government in a fight that may go to the US Supreme Court.
Gov Jan Brewer called Wednesday’s decision by US District Judge Susan Bolton “a bump in the road” and vowed to appeal.
Protesters in Phoenix went ahead with plans yesterday for a march to the state Capitol and a sit-in at the office of Sheriff Joe Arpaio. The sheriff said if protestors were disruptive, they’d be arrested, and he vowed to go ahead with a crime sweep targeting illegal immigrants.
Paul Senseman, a spokesman for Brewer, said Arizona would ask the 9th US Circuit Court of Appeals in San Francisco to lift Bolton’s preliminary injunction and to expedite its consideration of the state’s appeal.
Bolton indicated the government has a good chance at succeeding in its argument that federal immigration law trumps state law. But the key sponsor of Arizona’s law, Republican Rep Russell Pearce, said the judge was wrong and predicted the state would ultimately win the case.
Opponents of the law said the ruling sends a strong message to other states hoping to replicate the law.
“Surely it’s going to make states pause and consider how they’re drafting legislation and how it fits in a constitutional framework,” Dennis Burke, the US attorney for Arizona, told The Associated Press. “The proponents of this went into court saying there was no question that this was constitutional, and now you have a federal judge who’s said, ‘Hold on, there’s major issues with this bill.’”
He added: “So this idea that this is going to be a blueprint for other states is seriously in doubt.”
In her temporary injunction, Bolton delayed the most contentious provisions of the law, including a section that required officers to check a person’s immigration status while enforcing other laws.
She also barred enforcement of parts requiring immigrants to carry their papers and banned illegal immigrants from soliciting employment in public places — a move aimed at day labourers who congregate in parking lots across Arizona. The judge also blocked officers from making warrantless arrests of suspected illegal immigrants.
“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,” said Bolton, a Clinton administration appointee who was assigned the seven lawsuits filed against Arizona over the law.
Other provisions that were less contentious were allowed to take effect yesterday, including a section that bars cities in Arizona from disregarding federal immigration laws.
The 11th-hour ruling came just as police were preparing to begin enforcement of a law that has drawn international attention and revived the national immigration debate.
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