Judge allows part of Arizona law Obama had banished

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Obama felt it was OK to illegally transport groups of illegal aliens into or through Arizona. Now a federal judge says it's OK for Arizona to prohibit that.

12/11/10, "Arizona regains footing in legal battle over immigration law," Fox News

"After suffering a major legal setback in the summer, Arizona regained its footing in court Friday when

• a federal judge dismissed parts of the U.S. Justice Department's challenge to the state's new immigration law and
• rejected several claims made by Hispanic activists and Phoenix police officers.

U.S. District Judge Susan Bolton's ruling on Friday struck down the federal government's challenge to the

• portion of the law that prohibits the transport of illegal immigrants.

It also rejected a challenge from Phoenix police officers and an advocacy group called Chicanos Por La Causa who argued that the cops could be sued for racial profiling if they enforced the law or lose their jobs if they didn't.

• Bolton agreed with Arizona that they had no valid claim of immediate harm.

Bolton also dismissed a lawsuit from the National Coalition of Latino Clergy and Christian Leaders who were seeking an injunction preventing authorities from enforcing the law because the

• group argued federal law pre-empts state regulation of national borders.
  

"I am pleased with today's decision," Arizona Gov. Jan Brewer said in a statement Friday. "I strongly believe that the citizens of Arizona will ultimately prevail in all of these legal challenges. My defense of the rule of law will continue as vigorously as ever."...

• The law makes illegal immigration a state crime and requires police to check the immigration status of anyone they stop if they suspect they are in the state unlawfully."...

To be precise: A request for ID can only be made if the person has been stopped for another reason: "B. For any lawful contact stop, detention or arrest made by a law enforcement official or a law enforcement agency of this state or a law enforcement official or a law enforcement agency of a county, city, town or other political subdivision of this state

• in the enforcement of any other law or ordinance of a county, city or town or this state

where reasonable suspicion exists that the person is an alien who and is unlawfully present in the United States, a reasonable attempt shall be made, when practicable, to determine the immigration status of the person, except if the determination may hinder or obstruct an investigation."...Reference, KETLaw.com. (Rhode Island already has a stricter law in place than Arizona.) ed.

(continuing, FoxNews): "Bolton's ruling didn't have any effect on the portions of the law that she previously prevented from taking effect, including a requirement that immigrants get or carry immigration registration papers.

In that ruling in July, Bolton let other portions take effect,

• including a ban on obstructing traffic while seeking or offering day-labor services on public streets.

Bolton on Friday denied Brewer's request to dismiss challenges to the law's most controversial sections."


via Lucianne.com