Immigration ruling could send message to states

PHOENIX — States that had been watching Arizona's immigration law in hopes of copying it received a rude awakening when a judge put most of the measure on hold and agreed with the Obama administration's core argument that immigration enforcement is the role of the federal government.

The ruling marked a repudiation of the Arizona law as U.S. District Judge Susan Bolton indicated that the government has a good chance at succeeding in its argument that federal immigration law trumps state law. It was an important first-round victory for the government in a fight that may not be settled until the U.S. Supreme Court weighs in.

But opponents of the law said the ruling sends a strong message to other states hoping to replicate the law. "Surely it's going to make states pause and consider how they're drafting legislation and how it fits in a constitutional framework," Dennis Burke, the U.S. Attorney for Arizona, told the Associated Press. "The proponents of this went into court saying there was no question that this was constitutional, and now you have a federal judge who's said 'hold on, there's major issues with this bill.'"

He added: "So this idea that this is going to be a blueprint for other states is seriously in doubt. The blueprint is constitutionally flawed."

Gov. Jan Brewer called Wednesday's decision "a bump in the road" and vowed to appeal. The key sponsor of Arizona's law, Republican Rep. Russell Pearce, said the judge was wrong and predicted that the state would ultimately win the case.

In her temporary injunction, Bolton delayed the most contentious provisions of the law, including a section that required officers to check a person's immigration status while enforcing other laws. She also barred enforcement of parts requiring immigrants to carry their papers and banned illegal immigrants from soliciting employment in public places — a move aimed at day laborers that congregate in large numbers in parking lots across Arizona. The judge also blocked officers from making warrantless arrests of suspected illegal immigrants.

"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," said Bolton, a Clinton appointee who was assigned the seven lawsuits filed against Arizona over the law.

Other provisions that were less contentious were allowed to take effect Thursday morning, including a section that bars cities in Arizona from disregarding federal immigration laws.