Judge Breaks Teeth of Immigration Law
Several cities, including Berkeley, San Francisco, Oakland and San Jose have voted to oppose the law
Wednesday, Jul 28, 2010 | Updated 2:00 PM PST
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WASHINGTON - MARCH 27: A protester holds an American flag and a Mexican flag while participating in a protest on the west front of the U.S. Capitol March 27, 2006 in Washington, DC. Thousands of immigration advocates rallied on Capitol Hill to protest the immigration bill that is before Congress. (Photo by Mark Wilson/Getty Images)
A federal judge on Wednesday blocked the most controversial parts of Arizona's immigration law from taking effect, delivering a last-minute victory to opponents of the crackdown, including the several city councils here in the Bay Area.
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.
People here in the Bay Area have been paying close attention to the law since it was first passed by California's neighbor to the east. Several cities, including Berkeley, San Francisco, Oakland and San Jose have voted in one way or another to oppose the law. Some by boycotts, others by proclamations.
Dozens of people are expected to take part in a protest in San Francisco Wednesday to call for federal immigration reform. Organizers say the rally, organized by the SF Bay Area Coalition for Immigration Reform, is meant to encourage Congress and House Speaker Nancy Pelosi to "take leadership and fix this terribly broken immigration system."
U.S. District Judge Susan Bolton on Wednesday 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. Other city leaders around the state, including in West Hollywood and Santa Ana, also voted to condemn the Arizona law.
Bolton ruled that those 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.
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.
The volume of the protests will likely be turned down a few notches because of the ruling by Bolton, a Clinton appointee who suddenly became a crucial figure in the immigration debate when she was assigned the seven lawsuits filed against the Arizona law.
Lawyers for the state contend the law was a constitutionally sound attempt by Arizona -- the busiest illegal gateway into the country -- to assist federal immigration agents and lessen border woes such as the heavy costs for educating, jailing and providing health care for illegal immigrants.
Opponents argued the law will lead to racial profiling, conflict with federal immigration law and distract local police from fighting more serious crimes. The U.S. Justice Department, civil rights groups and a Phoenix police officer had asked the judge for an injunction to prevent the law from being enforced.
"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."
The law was signed by Republican Gov. Jan Brewer in April and immediately revived the national debate on immigration, making it a hot-button issue in the midterm elections.
The law has inspired rallies in Arizona and elsewhere by advocates on both sides of the immigration debate. Some opponents have advocated a tourism boycott of Arizona.
It also led an unknown number of illegal immigrants to leave Arizona for other American states or their home countries.
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.
Brewer's lawyers said Arizona shouldn't have to suffer from America's broken immigration system when it has 15,000 police officers who can arrest illegal immigrants.
Copyright Associated Press / NBC Bay Area
Posted Wednesday, Jul 28, 2010 - 11:34 AM PST
