Kyle Bell

A federal judge, Susan Bolton, has stepped into the immigration battle between Arizona and the federal government, stopping enforcement of the most contentious parts of the state law. The basis for the ruling is simple and one that could have been seen from a mile away: the federal government has the exclusive power to regulate and enforce immigration. It is outlined in Article I Section 8 of the U.S. Constitution:

To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies, throughout the United States

Anyone familiar with the Constitution would know this and undoubtedly the politicians in Arizona knew it, but passed the bill anyway. Arizona Governor Jan Brewer was behind her expected Democratic challenger by 7-10 points in September of 2009. Today, she leads Attorney General Terry Goddard by double digits. The decision was a political one that is going to end up costing the citizens of Arizona millions of dollars (possibly much more) in attorney fees. It will also certainly mean the state will lose population and with it businesses/investment.

While the bill was not completely struck down, Judge Bolton issued a stay on provisions requiring immigrants to carry papers at all times and blocked a provision that would allow police officers to arrest immigrants that they “suspected” of being undocumented without a warrant. “Requiring Arizona law enforcement officials and agencies to determine the immigration status of every person who is arrested burdens lawfully present aliens because their liberty will be restricted while their status is checked,” Bolton wrote.

However, pro-immigrant groups did lose one key point. Judge Bolton preserved the ban on so-called “sanctuary cities”. These “sanctuary cities” (which I’m working on for a research project on immigration) are known for refusing to enforce federal immigration policy. They restrict their city employees, police officers, etc. from asking the immigration status of people that they come into contact with. That will no longer be the case, in Arizona at least. The next step will be the 9th Circuit Court of Appeals before a likely Supreme Court case.