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HomeNewsPoliticsJudge Deals Open Borders Activists Blow on Arizona Immigration Law

Judge Deals Open Borders Activists Blow on Arizona Immigration Law


April 23, 2010: Supporters of the illegal immigration enforcement law rallied at the state Capitol in Phoenix. (PHOTO: AP)

U.S. District Court Judge Susan Bolton upheld a controversial Arizona immigration law on Friday in a ruling that supporters of the law rightly claim to be a victory. The judge found that challengers to the law failed to show that police would enforce the statute differently for Latinos than it would for people of other ethnicities.

Judge Bolton upheld the provision that allows the police, while enforcing other laws, to question the immigration status of those they suspect to be in the country illegally, and dismissed the challenge outright. The ruling essentially upheld provisions previously ruled on by appeals courts, as well as the U.S. Supreme Court, which also upheld the requirement. Still, the law’s challengers on the Left continued to try to get it overturned at a lower-level court.

Immigration activists have “not produced any evidence that state law enforcement officials will enforce SB1070 differently for Latinos than a similarly situated person of another race or ethnicity,” Bolton wrote.

Former state Sen. Russell Pearce, who sponsored the initial legislation, applauded Bolton’s judgment.

“She made it very clear the law was written very carefully not to be a race issue. It’s not a racial law,” Pearce said.

It’s unclear whether challengers will appeal Bolton’s ruling. Karen Tumlin, an attorney representing a coalition of civil rights groups, said in a statement they would “evaluate all legal options moving forward.”

Judge did permanently bar a provision of the law that prohibited people from blocking traffic when seeking or offering day labor services on the streets. An appeals court, which previously upheld the crux of the law, also said Arizona couldn’t force such provisions. Opponents argued that day labor rules unconstitutionally restrict the free speech rights of people who want to express their need for work.

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