Arizona Immigration Law Suffers Key Defeat

Posted July 28, 2010 in Criminal Law by Arthur Buono

A federal judge today granted the Obama administration’s request for a preliminary injunction against Arizona’s controversial new immigration law. The law was scheduled to go into effect tomorrow. The ruling casts doubt on whether it will ever be enforced.

  • Arizona immigration bill set to become effective July 29th
  • U.S. claims the law conflicts with the federal government’s immigration authority
  • Preliminary injunction granted to party that’s likely to succeed in the trial


Preliminary Injunction Issued Against AZ Law

The ruling blocks police from asking persons they stop or detain to prove they have the legal right to be in the country. The injunction stops enforcement of parts of the law while the full trial goes forward. The Obama administration claims the law infringes the authority of the federal government in immigration matters. It also says the law will lead to civil rights violations like racial profiling.

A court will issue a preliminary injunction against an action when it appears that the person who asks for it has a good chance to win at the full trial. It does not end the case but it keeps things as is until the judge decides the case one way or the other. It does suggest the evidence so far has persuaded the judge that the administration will win the case.

The judge will now try the full case, unless the federal and state governments reach an agreement to settle. The immigration law sparked controversy when it was enacted in April. Supporters hailed it as a strong measure to stem the tide of illegal immigration. Civil rights and immigration advocates feared it would lead to harassment of Hispanics. The Obama administration objected to Arizona’s intrusion into federal border policy.

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