Judge blocks Arizona’s immigration law

  Today Judge Susan Bolton has put a stop to most of the controversial aspects of Arizona’s new immigration law which was due to go into effect tonight at midnight. This decision is not surprising but it is disappointing nonetheless. There was no way in hell that a federal judge was going to allow this legislation to be implemented while the federal government was challenging its constitutionality.

  Here is a list of the portions of the Arizona immigration law that have been blocked:

• 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.

  Let’s look at these issues one at a time.

  First: the law would allow the Arizona police to hold a person until their immigration status is confirmed. If a person is arrested and does not have the proper identification there is no reason that the police should not be allowed to verify the person’s immigration status, yet now the police will not be able to hold this person. If an American citizen is stopped for a vehicular violation that person is REQUIRED to show identification– IE a drivers license– if that person does not show the proper drivers licence they are punished. Yet a perspective illegal alien– under this ruling– is not subjected to the same laws that an American citizen is held to. They will be allowed to walk away while an American citizen will be subjected to additional charges. This is not fair no matter how you look at it.

  This leads us directly into issue two: a immigrant who is in this country either legally or illegally is not going to have to carry their immigration papers with them. As I stated above, American citizens are required to carry their identification with them at all times that they may be driving, yet aliens will not be held to the same standards as Americans citizens.

  Third: Arizona is not allowed to make it a state crime for an illegal alien to seek work, yet it is still a crime for an American citizen to hire an illegal alien. So under this ruling if an illegal alien seeks work and is hired by an American citizen, the illegal alien has done nothing wrong yet the American citizen can be prosecuted for hiring an illegal alien. How does this make any sense whatsoever? This ruling is backwards. How can an American citizen be prosecuted for a crime when the person that the citizen has hired is allowed to walk free? This is not a defense of a person or company who hires illegal aliens– I believe they should be punished, but so should the person who was here illegally looking for that same job that the American citizen provided.

  Fourth: Arizona will not be able to arrest a suspected illegal alien without a warrant. Honestly, this is the one aspect of the bill that I do not favor. If a person is suspected–but his or her status is not known– of being here illegally there is no need in my opinion to deny this person his or her constitutional right under the fourth amendment before their immigration status is known. Once it is determined that the person is here illegally they should lose all constitutional rights, but until that point they must be considered to have constitutional rights. We cannot begin to usurp the constitution for no reason or it will just lead to more constitutional infringements on the American people.

  So as this legislation makes its way through the courts our borders will remain open and Jan Brewer’s efforts to protect the citizens of her state are for naught. Barack Obama and Eric Holder are suing the state of Arizona over jurisdiction– claiming that it is the federal government’s job to enforce immigration policy; and they will probably win for even though the constitution does not directly mention immigration there is already case law on this subject in their favor. The Supreme Court has already ruled in the case of Hampton v. Mow Sun Wong that  because the constitution grants congress the power to regulate the naturalization process in Article 1 Section 8, that this naturally extends to the federal government the authority  to create and enforce immigration law.

  Jan Brewer has vowed to fight on and I admire her for that, but this is a losing effort– the Obama regime is going to win this battle. But this does highlight exactly where Barack Obama stands on this issue. The federal government has the authority to enforce immigration law but they are unwilling to do so. And they are unwilling to do so because Barack Obama favors the people who are in this country illegally more than he does in protecting the American people from the violence of the drug cartels at the American border.

  Jan Brewer was trying to protect her residents because the Obama regime does not care to do so, but because she was going against the wishes of the Obama regime by enforcing federal immigration law she has run afoul of the regime. Who enforces the law when the federal government refuses to do so? Nobody, according to the Obama regime and this justice department. Arizona passed this law as one last desperate plea to the federal government for help securing the border and protecting American citizens, hoping that this would show Barack Obama how desperate the situation has become. But what does Barack Obama do? He uses this for the sole purpose of trying to gain support for giving amnesty to illegal aliens while ignoring the plea of a beleaguered governor and her people.

  If this case does nothing more than prove to the American people that Barack Obama does not have the protection of the citizens as his first priority while favoring the rights of people who broke the law to get here instead, perhaps some good will come of this fiasco. At least this case will shine a light on the inadequacies of the federal government and its failure to secure the borders while Americans are being killed by the drug cartels.

  It is just a shame, who knows how many Americans will be murdered or robbed, and who knows how many Americans will have their property vandalized by people who have come over the border illegally after this decision was rendered who could have been stopped and deported.

    Barack Obama, Eric Holder and Susan Bolton will have blood on their hands for every illegal alien that commits a violent crime which could have been prevented if it wasn’t for this ruling.