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Greg Siskind on Immigration Law and Policy

Judge Blocks Another Section of Arizona Law

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The District Court judge reviewing SB1070 has found that the plaintiffs will likely win on the challenge to the day laborer sections of the law. Judge Bolton's previous ruling will be the subject of a Supreme Court challenge later this spring.

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  1. George Chell's Avatar
    And the sheriff is now going after the President's birth certificate.
  2. Jack's Avatar
    Anti-day laborer laws are the weakest legally due to First Amendment arguments. I'm not sure why the pro-enforcements who draft bills bother including them. I think it's because they sometimes take a kitchen sink approach and don't expect it to stick but throw one in anyway. Still, if you're going to use traffic safety as a justification, you should make that evident as legislative intent from the beginning, not just after suit, but it seems futile because whatever the government's basis is, the court will not put that above the First Amendment. In a similar vein, they also screwed up by making the second line of 1070 that it's intent was "to make attrition through enforcement the public policy of all state and local government agencies in Arizona". The U.S. has no such official policy and it gave Obama Justice easy ammo for their conflict argument. The attrition declaration undermined the "mirror image" legal theory behind the bill itself. States should make no such declarations other than that their intention is to assist the federal government. In the first line of 1070, it mentions "cooperative enforcement of federal immigration laws". They should have just left the intent as that.
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