SB1070 Update: Breaking — Bolton blocks parts of law

by David Safier

Bolton decided, key parts of SB1070 won't happen on her judicial watch.

Sections barred from being enforced include:

∫ Requiring a police officer to make a reasonable attempt to
check the immigration status of those they have stopped;

∫ Forbidding police from releasing anyone they have arrested
until that person's immigration status is determined;

∫ Making it a violation of Arizona law for anyone not a citizen
to fail to carry documentation;

∫ Creating a new state crime for trying to secure work while not
a legal resident;

∫ Allowing police to make warrantless arrests if there is a
belief the person has committed an offense that allows them to be
removed from the United States.

On first glance, it looks like Bolton has gutted the law. But she's also left some parts stand, in part because they weren't challenged in the Obama administration's suit.

∫ Making it a crime to stop a vehicle in traffic to hire a day
laborer or for someone looking for work to get into a stopped
vehicle;

∫ Requiring state officials to work with the federal government
regarding illegal immigrants;

∫ Allowing Arizona residents to file suit against any agency,
official, city or county for adopting policies that restrict the
ability of workers to enforce federal immigration law "to less than
the full extent permitted by federal law."

The gist of Bolton's argument is this:

"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 ain't over 'til it's over, but this will stop some of the worst parts of the law from going into effect right away.