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SB 1070 Unconsitutional!
U.S. Appeals Court Rules Against Arizona's Immigration Law
Back in July, federal district court judge Susan Bolton imposed a preliminary injunction on parts of the controversial immigration law passed by Arizona last year, SB-1070. She enjoined provisions relating to warrantless arrests of suspected undocumented immigrants and document requirements, and also struck down the requirement that police check the immigration status of anyone they stop, detain, or arrest if they reasonably suspect the person is in the country illegally.
Back in July, federal district court judge Susan Bolton imposed a preliminary injunction on parts of the controversial immigration law passed by Arizona last year, SB-1070. She enjoined provisions relating to warrantless arrests of suspected undocumented immigrants and document requirements, and also struck down the requirement that police check the immigration status of anyone they stop, detain, or arrest if they reasonably suspect the person is in the country illegally.
U.S. Appeals Court Rules Against Arizona's Immigration Law
Back in July, federal district court judge Susan Bolton imposed a preliminary injunction on parts of the controversial immigration law passed by Arizona last year, SB-1070. She enjoined provisions relating to warrantless arrests of suspected undocumented immigrants and document requirements, and also struck down the requirement that police check the immigration status of anyone they stop, detain, or arrest if they reasonably suspect the person is in the country illegally.
Today, the 9th U.S. Circuit Court of Appeals ruled in favor of Bolton’s preliminary injunction on several major provisions of SB-1070. In their stinging legal critiques, 9th Circuit Judges Richard Paez and John Noonan wrote that each of the provisions blocked by Bolton are outright “unconstitutional” and that SB-1070 is preempted by federal law and foreign policy:
By imposing mandatory obligations on state and local officers, Arizona interferes with the federal government’s authority to implement its priorities and strategies in law enforcement, turning Arizona officers into state-directed DHS agents. [...]
[T]he record unmistakably demonstrates that S.B. 1070 has had a deleterious effect on the United States’ foreign relations, which weighs in favor of preemption. [...]
Finally, the threat of 50 states layering their own immigration enforcement rules on top of the INA [Immigration and Nationality Act] also weighs in favor of preemption.
The 9th Circuit Court probably won’t have the final say on the issue. Arizona Gov. Jan Brewer (R) has pledged to take her case all the way to the Supreme Court. SB-1070′s sponsor, state Senate President Russell Pearce (R), has entered the legal challenge now following a recent decision by the U.S. District Court to allow the Arizona State Legislature to intervene as a defendant in the Department of Justice’s lawsuit against Brewer and her state.
In his opinion, Noonan recognized that SB-1070 has “become a symbol.” Noonan noted that, “For those sympathetic to immigrants to the United States, it is a challenge and a chilling foretaste of what other states might attempt.” The 9th Circuit’s decision comes as several states around the country are in the final stages of approving similar “copycat” pieces of legislation.
Back in July, federal district court judge Susan Bolton imposed a preliminary injunction on parts of the controversial immigration law passed by Arizona last year, SB-1070. She enjoined provisions relating to warrantless arrests of suspected undocumented immigrants and document requirements, and also struck down the requirement that police check the immigration status of anyone they stop, detain, or arrest if they reasonably suspect the person is in the country illegally.
Today, the 9th U.S. Circuit Court of Appeals ruled in favor of Bolton’s preliminary injunction on several major provisions of SB-1070. In their stinging legal critiques, 9th Circuit Judges Richard Paez and John Noonan wrote that each of the provisions blocked by Bolton are outright “unconstitutional” and that SB-1070 is preempted by federal law and foreign policy:
By imposing mandatory obligations on state and local officers, Arizona interferes with the federal government’s authority to implement its priorities and strategies in law enforcement, turning Arizona officers into state-directed DHS agents. [...]
[T]he record unmistakably demonstrates that S.B. 1070 has had a deleterious effect on the United States’ foreign relations, which weighs in favor of preemption. [...]
Finally, the threat of 50 states layering their own immigration enforcement rules on top of the INA [Immigration and Nationality Act] also weighs in favor of preemption.
The 9th Circuit Court probably won’t have the final say on the issue. Arizona Gov. Jan Brewer (R) has pledged to take her case all the way to the Supreme Court. SB-1070′s sponsor, state Senate President Russell Pearce (R), has entered the legal challenge now following a recent decision by the U.S. District Court to allow the Arizona State Legislature to intervene as a defendant in the Department of Justice’s lawsuit against Brewer and her state.
In his opinion, Noonan recognized that SB-1070 has “become a symbol.” Noonan noted that, “For those sympathetic to immigrants to the United States, it is a challenge and a chilling foretaste of what other states might attempt.” The 9th Circuit’s decision comes as several states around the country are in the final stages of approving similar “copycat” pieces of legislation.
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After being informed of your lapse of memory during the signing of the new immigration law S.B.1070, I felt obligated (as a fellow Arizonian ) to inform you as to the identity of an Illegal alien. I became genuinely concerned for your state of mental health, as you appeared confused, and disoriented, and unable to make a positive I.D.
I felt compelled to investigate the identity in question. I am glad to report that after long hours of detective work, I am able to give you a definite description. It is as follows: Their skin is brown in color, they have dark hair, dark brown eyes. They appear fatigued, their hands are rough and callused.
They make their residence with the inferior citizens of the State, whose identity is quite similar to theirs. Often I had difficulty distinguishing the difference between the American citizen, and the illegal alien. I most certainly understand your confusion, and the challenge you face daily with this identity crisis. I am glad to report however, that our police officers will be able to identify them at a glance, which will en-able them to exclude seventy percent of Arizona's Caucasian population.
I must also bring to your attention that while some are drug runners and human smugglers, the majority crossing the border are headed to our fields to rob Arizona of it's agriculture.
Give my regards to State Sen. Russel Pearce: A man whom even Houdini envies from the grave. This man of high values, renowned in a circle where only the most prestigious participate, was able to conjure an illusion such as S.B 1070, a law that would not appear to discriminate against any certain group. A feat only Merlin the magician could perform.
I am amazed at this great feat of magic. Do you suppose he would be so kind as to share his secret with the rest of humanity, it might just be the answer to ending racism in our nation, and possibly the entire world.
During world war two, America faced an identical problem with Japanese immigrants, perhaps we should take the same measures in order to protect our border. Advice Sen Russell Pearce on my proposal, I'm sure with all his expertise, he will be able to pull the rabbit out of the hat.
Sincerely Yours:
A concerned citizen