PHOENIX - A federal judge on Wednesday blocked the most controversial parts of Arizona's immigration law from taking effect and now officials from across the country are reacting.
The overall law will still take effect Thursday, but without the provisions that angered opponents.
Read more about the ruling.
The U.S. Department of Justice statement on Arizona Federal Court Decision
In a statement in response to the lawsuit DOJ spokeswoman Hannah August said, "We believe the court ruled correctly when it prevented key provisions of SB1070 from taking effect. While we understand the frustration of Arizonans with the broken immigration system, a patchwork of state and local policies would seriously disrupt federal immigration enforcement and would ultimately be counterproductive. States can and do play a role in cooperating with the federal government in its enforcement of the immigration laws, but they must do so within our constitutional framework.
"This administration takes its responsibility to secure our borders seriously and has dedicated unprecedented resources to that effort. We will continue to work toward smarter and more effective enforcement of our laws while pressing for a comprehensive approach that provides true security and strengthens accountability and responsibility in our immigration system at the national level."
Arizona Governor Jan Brewer
Arizona Governor Jan Brewer spoke out about the ruling while making appearances in Tucson on Wednesday calling it "a little bump in the road."
Brewer said, "We knew regardless one side or the other would appeal … absolutely the federal government got relief from the courts," adding that the federal government needed to step up and do its jobs.
The governor also released an official statement saying she was disappointed in the ruling but "heartened by some findings – including the ban on sanctuary cities."
She said the fight was far from over, just the beginning of what will likely end up being a long legal struggle.
“I have consulted with my legal counsel about our next steps. We will take a close look at every single element Judge Bolton removed from the law, and we will soon file an expedited appeal at the United States Court of Appeals for the 9th Circuit."
Brewer said she would "battle all the way to the Supreme Court, if necessary, for the right to protect the citizens of Arizona."
“We have already made some progress in waking up Washington. But the question still remains: will Washington do its job, and put an end to the daily operations of smugglers in our nation, or will the delays and sidesteps continue?"
ABC15's Lori Jane Gliha will be following the governor Wednesday.
Sen. Russell Pearce Statement, co-sponsor of SB 1070
"At midnight tonight, sanctuary policies by cities and towns in the State of Arizona will be illegal, according to a ruling today by U.S. District Court Judge Susan Bolton. The ruling is a key victory for the State, in its efforts to enforce federal laws against illegal immigration.
“Striking down these sanctuary city policies has always been the number one priority of SB 1070,” says chief sponsor Sen. Russell Pearce of Mesa. ”Judge Bolton has made it clear. These policies are illegal, and cities in violation will face significant fines immediately. The political handcuffs are coming off law enforcement.”
Sen. Pearce is also confident the portions of the law that Judge Bolton temporarily blocked will be successfully appealed.
“With past rulings supporting Arizona’s employer sanctions law, the courts have made it clear states have the inherent power to enforce the laws of this country. I am confident that the courts will back the provisions in SB 1070 temporarily blocked by Judge Bolton,” said Sen. Pearce, a longtime champion of legislation protecting Arizonans against illegal aliens.
Judge Bolton’s ruling also leaves in place several other key elements of SB 1070, including the establishment of a state crime making it illegal to transport or harbor an illegal alien, making it a crime to stop in traffic to hire a day laborer, and allowing Arizona residents to file suit against any agency, official, city or county for adopting policies restricting enforcement of federal immigration law.
“The Obama administration’s effort to maintain its non-enforcement policy of illegal immigration laws and its support of sanctuary cities has failed. Arizona will enforce those laws,” says Sen. Pearce.
U.S. Department of Homeland Security Statement by Deputy Press Secretary Matt Chandler
"The court's decision to enjoin most of SB1070 correctly affirms the federal government's responsibilities in enforcing our nation's immigration laws. Over the past eighteen months, this Administration has dedicated unprecedented resources to secure the border, and we will continue to work to take decisive action to disrupt criminal organizations and the networks they exploit. DHS will enforce federal immigration laws in Arizona and around the
country in smart, effective ways that focus our resources on criminal aliens who pose a public safety threat and employers who knowingly hire illegal labor, as well as continue to secure our border.
"ICE works everyday with local law enforcement across the country to assist them in making their communities safer and we will continue do so in Arizona. At the same time, we will continue to increase resources in Arizona by complementing the National Guard deployment set to begin on Aug. 1 with the deployment of hundreds of additional Immigration and Customs Enforcement agents, Border Patrol agents and other law enforcement personnel that will aid in our continuing efforts to conduct outbound inspections, patrol challenging terrain, and interdict illicit smugglers. We are focused on smart effective immigration and border enforcement while we work with Congress toward the type of bipartisan comprehensive reform that will provide true security and establish accountability and responsibility in our immigration system at the national level."
U.S. Senators John McCain and Jon Kyl react to court ruling
U.S. Senators John McCain and Jon Kyl today made the following statement regarding the United States District Court of Arizona’s decision to block enforcement of the most important provisions of SB 1070:
“We are deeply disappointed in the court’s ruling today and disagree with the court’s opinion that the Arizona’s law will unduly ‘burden’ the enforcement of federal immigration law.
“Instead of wasting tax payer resources filing a lawsuit against Arizona and complaining that the law would be burdensome, the Obama Administration should have focused its efforts on working with Congress to provide the necessary resources to support the state in its efforts to act where the Federal government has failed to take responsibility.”
“After this decision, it’s even more important to implement our Ten Point Border Security plan to protect Arizonans and our country.”
Waring To Federal Judge: Keep Your Hands Off 1070 Co-Sponsor of S.B. 1070 Denounces Activist Judge’s Ruling
Jim Waring, Congressional Candidate in CD3 and former state Senator, released the following statement today following word that Judge Susan Bolton has halted portions of Arizona’s S.B. 1070, which Waring co-sponsored and voted for.
“I am deeply disappointed today with the decision of the Court. The will of the people in our representative government should not be thwarted by activists Judges,” said Waring.
“The fact that this lawsuit was brought on by this Administration and the ACLU points to a clear political purpose for opposing this highly-regard legislation. The President, his Administration, and organizations like the ACLU should realize this is not a political issue; this is a public safety issue,” said Waring.
Waring has received numerous public safety awards throughout his career, including the Medal of Merit from the National Guard Association of U.S. and Legislator of the Year from the National Guard Association of Arizona (three times).
Waring is the only candidate for Congress who has said he will introduce legislation to strip the Justice Department of the funds it’s using to sue the State of Arizona for passing S.B. 1070.
Congressman Harry E. Mitchell Statement on Judge Bolton’s Ruling on SB 1070
U.S. Rep. Harry Mitchell released the following statement regarding U.S. District Court Judge Susan Bolton's decision to issue a preliminary injunction against parts of Arizona’s new law, Senate Bill 1070.
“Today’s ruling should not provide Washington any kind of excuse not to address the issue. Arizonans are justifiably fed up with the federal government’s failure to secure the border and fix our broken immigration system, and are fed up with of all the political posturing and grandstanding on this issue.
I still firmly believe that decision for the Justice Department to sue Arizona was the wrong direction to go. I’ve repeatedly urged President Obama and his administration against suing our state because I strongly believe their time, efforts and resources should be focused on securing our border and helping fix our broken immigration system. Arizona needs Washington to take action, but protracted litigation is definitely not the kind of action we need.
There are no victors today, except those who want to use this protracted litigation as a means to grandstand and score political points, instead of actually rolling up their sleeves and getting to work to help fix the problem.
Illegal immigration affects our state more than it does any other -- more than half of all illegal crossings over the U.S.-Mexico border happen in Arizona. The federal government has a responsibility to secure the border and fix our broken immigration system, but hasn't done so, and Arizona continues to shoulder the burden.
I believe that if the new state law spurs Washington to act, then it is a good thing. But make no mistake: neither the state law,
nor the lawsuit to overturn it – nor today’s temporary injunction - will fix the problem, secure our border, or fix a broken immigration system.”
Since taking office, Mitchell has advocated for increased border security measures.
Congressman Flake: Ruling on Arizona Immigration Law Adds More Pressure on Congress to Address Reform
Republican Congressman Jeff Flake, who represents Arizona’s Sixth District, today released the following statement regarding U.S. District Court Judge Susan Bolton’s ruling enjoining portions of SB 1070.
“It’s frustrating to have the federal government actively preventing states from addressing immigration enforcement, when the federal government has shown that it’s unwilling to address immigration reform on its own,” said Flake.
“It’s going to take comprehensive immigration reform at the federal level to successfully address this issue, so I wish that the White House would devote as much energy and political capital to moving reform through Congress as it is in going after Arizona.”
Speaker Adams Responds To Judge Bolton’s Ruling
This statement is attributed to Speaker Kirk Adams (R-District 19):
“We’re disappointed with Judge Bolton’s decision and we respectfully disagree. She was willing to find an ‘inference of preemption’ where Arizona’s sole purpose is to enforce existing law. Congress has not forbidden states from helping to enforce immigration law, in fact it has welcomed the help. We wish the Obama Administration were as welcoming. Arizonans and all Americans deserve leadership that is committed to both securing the border and protecting the Rule of Law.
While the federal government claims that SB1070 interferes with its “enforcement priorities” it is the federal government’s unwillingness to secure the border and enforce its own laws that have created the immigration crisis in Arizona. The Obama Administration’s desire to selectively enforce federal immigration law is no legal reason to find fault with SB1070.
For years, Arizona has asked for help from the federal government to secure the border and enforce federal immigration laws to no avail. Instead of its constitutionally mandated duty of protecting its citizens, the Obama Administration has decided not to enforce federal immigration law claiming a lack of resources meanwhile showing ambivalence on the significant burden to Arizona citizens in terms of border related violence and heavy infrastructure costs in the billions of dollars annually.
Arizona is in a lose-lose situation. The Obama Administration would prevent Arizona from assisting with the enforcement of immigration law, yet we must still pick up the costs associated with illegal immigration.
While a setback, this is merely the first step in a long legal journal. We commend Governor Brewer in her determination to provide a comprehensive defense of SB1070. We look forward to seeing this law get its full day in court.”
Rep. Grijalva Statement on SB 1070 Ruling
Rep. Raúl M. Grijalva today welcomed U.S. District Judge Susan Bolton’s decision to grant a temporary injunction against major parts of Arizona’s controversial SB 1070 immigration law. Judge Bolton enjoined both the reasonable suspicion section – which would have allowed law enforcement officers to demand proof of citizenship from anyone they had detained and “reasonably suspected” of being an illegal immigrant – and the section requiring the carrying of federal immigration documents at all times.
“This is an important moment for the nation to pause and take a deep breath,” Grijalva said. “We need to concentrate on the economy, the lack of jobs and teachers, and the other crucial issues facing Arizona and the rest of the country. As part of this pause, I am encouraging national groups to return their conventions and conferences to the state to help us change the political and economic climate.”
Grijalva said he believes the injunction will be upheld in future rulings and praised the “carefulness, thoroughness and high-mindedness” of Bolton’s ruling.
“Gov. Brewer and the state legislature have proved indifferent to the consequences of this law for the state economy,” Grijalva added. “The best thing to do now is to consider the meaning of this decision, bring people back together after the divisiveness of the past several months, and address the needs of the state in a substantive way. There is no excuse not to talk about the issues facing Arizona, and I sincerely hope that conversation begins immediately.”
Judge Bolton said in her ruling that SB 1070 infringed unacceptably on the federal government’s primary role in setting immigration standards. According to the National Conference of State Legislatures, during the first three months of 2010 alone, legislators in 45 states introduced 1,180 bills and resolutions relating to immigration.
Rep. Kirkpatrick on Court Ruling: “There Are No Winners Here – Our Borders Will Still Not Be Secure”
Representative Ann Kirkpatrick, Arizona’s
only Member on the House Committee on Homeland Security, issued a statement in response to today’s ruling by Judge Susan Bolton to accept the federal government’s request for an injunction and prevent sections of SB 1070 from taking effect:
“The courts may have ruled in favor of the federal government today, but the legal wrangling is just beginning. We have months and months of courtroom battles ahead of us, and Arizona’s taxpayers are being forced to fund both sides – that is money that should be going towards protecting our communities.
“There are no winners here – no matter what the courts ultimately decide, we will still have wasted millions of dollars and our borders will still not be secure. The Administration needs to stop pursuing this distraction, and start working with us to get the border region under control and develop a national immigration strategy.”
Terry Goddard Statement on 1070 Ruling
Jan Brewer played politics with immigration, and she lost.
Rather than providing the leadership Arizona needs to solve the immigration problem, Jan Brewer signed a bill she could not defend in court which has led to boycotts, jeopardized our tourism industry and polarized our state.
It is time to look beyond election year grandstanding and begin to repair the damage to Arizona's image and economy.
Perhaps now we in Arizona can focus on effective steps to fight border crime and keep our families safe. Now we can focus on steps, such as the ones I have been taking, to go after border crime and cut off the cash that flows to organized criminal cartels that smuggle thousands into the U.S.
Now, we should start making smart decisions about immigration - beyond sound bites, fear mongering and political stunts.
Valley Hispanic community leaders
A group of Hispanic community leaders held a news conference in downtown Phoenix early Wednesday afternoon expressing relief and hope after the judge's ruling.
Chairman of the Board of La Raza, Daniel Ortega, congratulated the organizations and individuals that stepped up and challenged the "racial profile" law.
"We must continue with the legal challenge against SB 1070 and any law that subjects our people to unfair treatment."
Chris Newman, spokesman for the National Day Laborer Organization, said his organization would not stop until SB1070 is defeated in its entirety. That they would continue to be vigilant against laws that violate human and civil rights in Arizona.
Maricopa County Supervisor Mary Rose Wilcox expressed a "feeling of relief that is incredible."
Puente Movement spokesman Salvador Reza said he felt hope but knows this is not the end, that Arizona will fight the injunction. He said group members will continue their struggle and "continue our civil disobedience."
Pablo Alvarado of the National Day Laborer Organizing Networks states, The partial and temporary blocking of a law that should’ve never existed is welcome but in no way a victory. The conditions that created SB 1070 remain and are only worsened by the decision today.
After today, this decision converts the Reverend driving a church van of his congregants into a criminal. It renders the day laborer repairing your neighborhood a criminal under 1070. The mother driving her daughter to the hospital could be considered a criminal under this decision. Cities who seek to protect the residents that make them function will be punished.
The sections that go into effect tomorrow are intolerable insults to our humanity and dangerous precedents for law enforcement. We will not stop until real justice comes to Arizona.
Carlos Garcia of the Puente Movement continues, In Maricopa County, we’ve been living under 1070 conditions with Sheriff Arpaio for years. Many are celebrating today because some sections are being blocked. While they can breathe a sigh of relief for the minimal injunction, our breath catches with the added boots on our communities necks.
Deciding to use an open hand instead of a closed fist makes this no less of a blow to the people of Arizona. If President Obama wanted to intervene in this humanitarian crisis he can end 1070 and his ice access programs with the stroke of a pen.
Quotes regarding the ruling from Phoenix Police Officer David Salgado on Wednesday
I am glad and thank God that the judge heard the truth about this bill.
I'm pretty sure that appeals are going to start coming in but it's a relief and I'm glad that the judge saw the truth.
It will start repairing the trust the Hispanic community and I believe that this will be a little bit of closure to this law.
Now that we heard that the judge is in favor of the Federal Government and hopefully ours we will stop this as a police officer and treat everybody equal.
Hopefully we can just consternate on state laws instead of Federal Laws.
She struck down what we argue it's like taking the motor out of the car you know the meat of it and that's what we were arguing, the Federal Government was arguing that's
the meat of it.
Tom Horne was critical of federal judge's SB 1070 decision. He also criticized federal border policy in video release of a border visit.
Republican Attorney General candidate Tom Horne says today's SB 1070 ruling by judge Susan Bolton is a blow to Arizona's effort to control the border with Mexico.
"I am committed to SB 1070 and I find this ruling disappointing," Horne said. "SB 1070 essentially mirrors federal immigration law, which is in not being vigilantly enforced by the U.S. government. I have personally seen the multiple failures of federal immigration policy on my visits to the border, and there appears to be little stomach on the part of the Obama administration to actually deal with this crisis in a meaningful way. That is why SB 1070 is so valuable in adding local law enforcement as a force multiplier for the border agents and why this decision should be appealed all the way to the U.S. Supreme Court if necessary."
Horne's statement came as he released video of his recent trip to the U.S. - Mexico border where he saw first-hand the challenges faced by border-area residents who are on the front line of the illegal immigration crisis.
"I visited with ranchers and cattle growers who told me the current federal border policy is failing," Horne said. "I drove more than 20 miles of the fence between Naco and the San Pedro River. I was accompanied by a local rancher and was not given an official tour to ensure I could see things without being given a show by the federal government. As I drove along the border fence, it was more than 20 minutes until I saw a Border Patrol vehicle - an unacceptably long amount of time. My vehicle was shadowed for a period of time by a truck on the Mexican side , which I was told belonged to scouts for the Mexican drug cartels. These cartels know when U.S. agents have a shift change, they probe the weak points along the border, and they know how many U.S. agents are stationed at any given time. They are well-funded and sophisticated. Arizona law enforcement needs every tool available to battles these cartels and to apprehend all illegal crossers. We need at least 3,000 more agents at the border, not just the 1,200 the Obama administration is sending. We need forward operating bases every 12 miles, we need double fencing along the entire border, not just a select few areas, and we need to give local law enforcement more tools to apprehend illegal crossers. I support S.B. 1070, and I endorse the Arizona Cattle Growers' Association Restore Our Border Security plan, which would create a much safer climate for U.S. citizens who live at or near the border."
See the video or visit the link http://www.youtube.com/watch?v=UbWbC_lsJPQ .
YCSO Statement Regarding SB1070
Yavapai County Sheriff Steve Waugh is providing the following statement regarding implementation of SB 1070 by YCSO. The Sheriff also addresses SB 1070 in light of the ongoing 287g program which has allowed specially trained YCSO personnel access to resources identifying illegal aliens.
The Yavapai County Sheriff’s Office will support and defend the Constitutions of the United States and the State of Arizona. We are also committed to implementing the provisions of SB 1070 in a manner that respects the rights and privileges granted persons under the United States and Arizona Constitutions, and that is also consistent with Federal immigration law.
SB 1070 states that certified personnel must establish a persons immigration status if practicable during a lawful stop, detention or arrest, and ONLY when reasonable suspicion exists to believe the person is both and alien and unlawfully present in the United States. This new provision does not significantly change the way the Sheriff’s Office has handled immigration issues in the past several years.
Since 2006 the Yavapai County Sheriff’s Office has been working with Federal immigration authorities and for the past 3 years as part of the 287g program. Since that time specially trained Sheriff’s Deputies and Detention Officers have exercised authority from Immigrations and Customs Enforcement to determine a person’s immigration status. Currently, all suspects booked into the Yavapai County Detention Center are screened to determine immigration status.
Under the 287g program The Sheriff’s Office has detained and turned over to ICE for ultimate deportation approximately 3000 illegal aliens. The Sheriff’s Office always adheres to its long-standing policy of enforcing the law without regard to race, color or national origin. Consistent with this policy as well as Arizona POST guidelines and federal and state law, Sheriff Waugh has reemphasized his long-standing directive that deputies and officers within the Sheriff’s Office must fairly and impartially enforce 1070.
Additionally, new Sheriff’s Office polices are being developed to assist deputies in deciding when the new law requires that immigration status be determined, and under what circumstances
determination of immigration status is practical given available resources and the demand for Sheriff’s Office services at that moment. Policies are also under development that will assist deputies in determining under what circumstances determination of immigration status would hinder or obstruct ongoing investigations.
Finally, the Sheriff has offered assistance to any law enforcement agency that requests help regarding the enforcement of SB 1070.
Statement from Pinal County Sheriff Paul Babeu
“Incredibly, even though there is not one person who can legitimately claim to be harmed by a law that has not even taken effect, the result of an injunction is de facto amnesty through non-enforcement of laws against illegal immigration,"
"The federal government refuses to secure the border and leaves it to states like Arizona to bear the costs of its inaction. Yet, when we try to do the job they won't do, in a manner consistent with federal law, they stop us. You couldn't make up something this ridiculous."
"It's a sad day in America when our own president has directed his attorney general to provide terrorist Miranda rights, yet fights to deny law enforcement the very tools needed to determine if an illegal is in America legally. Why has the President not come to Arizona to personally inspect the threat that our citizens face?"
"This is our most serious public safety issue and a national security threat to America. President Obama seems to have won the initial legal battle on the basis of the supremacy clause, saying it is inherently his job to enforce immigration law. We in Arizona could not agree more that is it his job and we demand that he do his job and protect our state, rather that continuing to fight us in court."
Senator Jorge Luis Garcia, D-27 Democratic Leader Statement on SB 1070 Injunction
“For months, Senate Democrats have stated that SB 1070 only creates divisions within our communities, redirects local law enforcement and opens the doors to racial profiling,” said Sen. Jorge Luis Garcia, Senate Democratic Leader. “The injunction of portions of SB 1070 will allow the country to refocus on comprehensive solutions to immigration instead of creating thousands of unworkable standards.”
AZGOP Chairman Randy Pullen Statement on Federal Court Injunction of SB 1070
"While we are disappointed in the federal court's decision to issue a temporary injunction, it is often the case that a judge will initially approve a temporary injunction until they have an opportunity to hear and read arguments and legal research from both sides" said Arizona Republican Party Chairman Randy Pullen. "Our expectation is that Judge Bolton will rule in favor of SB 1070 as we believe that SB 1070 is constitutional."
Chairman Pullen said, "Based on my prior experience with Proposition 200, I expect this case will go to the U.S. Supreme Court."
"The federal government's argument that SB 1070 would have placed and undue burden on them is as absurd as it is a complete dismissal of the tremendous burden placed on Arizona by the federal government not doing its job," continued the Chairman. "The mere fact that they would rather sue the Grand Canyon state than allow us to protect ourselves is patently ridiculous and completely out of touch with needs of Arizonans.
Statement from City of Phoenix Public Safety Manager Jack F. Harris
“As law enforcement officials, the men and women of the Phoenix Police Department enforce the laws passed by our state legislature. We have been working to prepare the men and women of the Department to enforce SB 1070. Today, Judge Susan R. Bolton of the U.S. District Court for the District of Arizona issued a ruling which enjoined a number of sections of the law, but allowed some sections to remain unchanged. We will follow Judge Bolton’s decision and will enforce those portions of the law left unchanged. We will continue to work with the state and federal government and officials across our nation to address this issue. “
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