July 28, 2010, marked a partial victory for the opponents of the controversial immigration law designed by the state of Arizona. U.S. District Judge Susan Bolton issued a highly anticipated injunction, preventing several provisions of the immigration law from taking effect. While the federal ruling is seen as a defeat for Arizona Governor Jan Brewer and the supporters of the immigration law, opponents are continuing their march in protest of the remaining provisions, which took effect on Thursday, July 29th.
Arizona Immigration Law
In April 2010, Arizona Governor Jan Brewer signed an immigration law which substantially expanded the state’s attributions in enforcing immigration policies. The Arizona law required local law enforcement officers to verify immigration status while enforcing other laws, such as stopping drivers for traffic violations.
It also declared hiring illegal day laborers a crime and prohibited Arizona cities from adopting sanctuary policies which created a safe haven for undocumented immigrants. Civil liberties unions and opponents of the controversial law argued that the provisions encouraged racial profiling, while burdening police officers and distracting them from investigating serious crimes.
Judge Bolton’s Injunction
On July 6, 2010 the Department of Justice sued the state of Arizona over the new immigration law, arguing that only the federal government has the right to enact and enforce immigration policies. Judge Bolton’s ruling overturned the provisions requiring police officers to determine immigration status of persons detained for traffic violations or crimes, as well as those forcing immigrants to carry papers proving a legal immigration status at all times.
Moreover, according to the amended law, it no longer constitutes a crime for an undocumented immigrant to seek or perform work in the state of Arizona. Judge Bolton invoked preemption in support of her decision, agreeing with the federal government’s argument that immigration law trumps state law.
Although Judge Bolton’s decision blocked the most intrusive provisions, it allowed some parts of the law to take effect on Thursday. The provisions referring to hiring day laborers remained in place. So did the stipulations prohibiting sanctuary city policies.
Arizona Appeals Immigration Ruling
Judge Bolton’s decision did little to discourage Arizona officials, who are determined to see the immigration policies enforced. On Wednesday, Governor Brewer announced she planned to appeal the ruling, taking it all the way to the U.S. Supreme Court. “This is a temporary bump in the road”, Brewer said in a Fox News Interview after the ruling.
Governor Brewer’s critics accuse her of using the controversial immigration law, which fosters racial profiling, to gain conservative votes in the upcoming elections. Brewer, who became governor last year, replacing Janet Napolitano who took over the Department of Homeland Security, saw a rapid rise in popularity due to her commitment to securing the southern border.
The Legal Battle Over Arizona Immigration Law
The legal conflict involving the Arizona immigration law is just another manifestation of the centuries-old issue of federal law versus state law. In its lawsuit against Arizona, the Obama administration argued that the new immigration law usurps the federal government’s authority, allowing local police to act as immigration agents, overstepping the limits of their authority.
Maricopa County Sheriff Joe Arpaio, who has attracted criticism for his tough enforcement of immigration laws in his jurisdiction, declared that his office’s policies merely targeted activities such as smuggling and illegal immigrant hiring.
The Sheriff supports Governor Brewer, who asserted that the state of Arizona was forced to take action in securing the border due to “failed and inconsistent federal enforcement”. Arpaio, whose office has performed tens of thousands of immigrant arrests over the past three years, is also under federal investigation, on allegations of civil rights violation. According to Associated Press, Arpaio’s Office was responsible for more than twenty-six thousand deportations since 2007.
There are several programs in place which allow states to cooperate with the federal government in immigration issues. The Secure Communities program, which allows local law enforcement agents to check the fingerprints of people they arrest against FBI and Department of Homeland Security databases, has been widely used by states.
Nevertheless, the Obama administration made it clear that, while the federal government welcomes cooperation from the states in securing the border, it is not up to the states to enact and enforce misguided and intrusive immigration policies. In the administration’s opinion, such laws interfere with federal government responsibilities.
While opponents of the immigration law marched from the State Capitol on Thursday, protesting the remaining provisions, Arizona filed an appeal against Judge Bolton’s preliminary injunction.
“This fight is far from over. In fact, it is just the beginning,” Governor Brewer declared on Wednesday, convinced that “Arizona will prevail in its right to protect our citizens.”
Source:
Fox News. Justice Department Files Suit Against Arizona Immigration Law. July 6, 2010.
Iulia Filip - Born and raised in Romania, Iulia Filip currently resides in South Carolina, USA. She has graduated from the MFA Program in Creative ...
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