What a weak ruling in Arizona

Are you feeling it?

We are not certain if anyone could argue with Federal District Court Judge Susan Bolton. We believe she did a ‘reasonably’ fair job at keeping her court in order and not to be bullied around by Eric Holder’s Department of Justice or even Obama’s White House. However, if there is room for argument, suffice it to say that Judge Bolton left quite a bit of room – a house worth.

The overall law will still take effect Thursday, but without the provisions that angered opponents — including sections that required officers to check a person’s immigration status while enforcing other laws.

The judge also put on hold parts of the law that required immigrants to carry their papers at all times, and made it illegal for undocumented workers to solicit employment in public places. In addition, the judge blocked officers from making warrantless arrests of suspected illegal immigrants. We don’t find too much difficulty with this portion of the ruling; however, it should be noted that Arizona requires a person to carry a Driver’s License when operating a motor vehicle. The warrantless arrest on suspected aliens really wasn’t an issue insofar as any law enforcement officer worth their salt is not going to make an arrest without a warrant.

However we do have concerns about what Judge Bolton said, “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,” U.S. District Judge Susan Bolton ruled. (What!? Ask them what they think!)

With the greatest of respect to the judge, we argue that if a person has been arrested, to determine their immigration status would be as simple as a question or no more difficult than obtaining the results from a breathalyzer whilst a person is sitting for their paperwork to be processed. We doubt seriously if “…every person’s immigration status…” would be checked anyway. This is the one huge area where the judge showed weakness – and no basis of fact.

Furthermore, “There is a substantial likelihood that officers will wrongfully arrest legal resident aliens under the new (law),” Bolton ruled. “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.” (It’s getting worse the more she talks…) This portion of the ruling is clearly etched out for the federal government.

Federal authorities who are trying to overturn the law have argued that letting the Arizona law stand would create a patchwork of immigration laws nationwide that would needlessly complicate the foreign relations of the United States. Federal lawyers said the law is disrupting U.S. relations with Mexico and other countries and would burden the agency that responds to immigration-status inquiries. To this end we believe that this is nothing more than smoke and mirrors with the central government again finding excuses not to perform their jobs.

The ruling came just as police were making last-minute preparations to begin enforcement of the law and protesters were planning large demonstrations to speak out against the measure. At least one group planned to block access to federal offices, daring officers to ask them about their immigration status.

If there is anything good that came from this entirely great work on behalf of Arizona it is an unknown number of illegal immigrants to leave Arizona for other American states or their home countries. Hello federal government, need any more answers?

Ad infinitium the judge ruled that the controversial sections should be put on hold until the courts resolve the issues. Other provisions of the law, many of them procedural and slight revisions to existing Arizona immigration statute, will go into effect at 12:01 a.m. Just as a sidebar, excellent analysis can be found by clicking here (Fox) and by clicking here for CNN.

 

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