Judge Bolton Enjoins Arizona Immigration Law

I am at the downtown court complex in Phoenix this morning for other matters but have obtained a copy of Judge Bolton’s decision in United States of America v. State of Arizona, the most significant of the multiple litigations against the controversial Arizona Immigration law, known as SB 1070. In a nutshell, the most critical and important parts of the law have all been enjoined – i.e. have been stayed pending further litigation.

The full written decision is here.

The summary, as written by Judge Bolton, is:

Applying the proper legal standards based upon well-established precedent, the Court finds that the United States is likely to succeed on the merits in showing that the following Sections of S.B. 1070 are preempted by federal law:

Portion of Section 2 of S.B. 1070 – A.R.S. § 11-1051(B): requiring that an officer make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested if there is a reasonable suspicion that the person is unlawfully present in the United States, and requiring verification of the immigration status of any person arrested prior to releasing that person

Section 3 of S.B. 1070 – A.R.S. § 13-1509: creating a crime for the failure to apply for or carry alien registration papers

Portion of Section 5 of S.B. 1070 – A.R.S. § 13-2928(C): creating a crime for an unauthorized alien to solicit, apply for, or perform work

Section 6 of S.B. 1070 – A.R.S. § 13-3883(A)(5): authorizing the warrantless arrest of a person where there is probable cause to believe the person has committed a public offense that makes the person removable from the United States

The Court also finds that the United States is likely to suffer irreparable harm if the Court does not preliminarily enjoin enforcement of these Sections of S.B. 1070 and that the balance of equities tips in the United States’ favor considering the public interest. The Court therefore issues a preliminary injunction enjoining the enforcement of the portion of Section 2 creating A.R.S. § 11-1051(B), Section 3 creating A.R.S. § 13-1509, the portion of Section 5 creating A.R.S. § 13-2928(C), and Section 6 creating A.R.S. § 13-3883(A)(5).

The decision is very well taken and written. It should be noted that this is not a final decision on the merits, but only a ruling on questions of preliminary injunction on enforcement of the law. While Bolton has not enjoined the entire law, what she has done effectively guts any ability of the State of Arizona and its law enforcement agents to utilize the statute for the purpose intended.

I will also note that I have known and had experience with Judge Bolton for the better part of two decades going back to her term as a Maricopa County Superior Court judge; she is bright and not a wild card in the least; reserved although not conservative. She writes sound decisions and is not prone to being overruled. For these reasons, and from a quick reading of her analysis here, I think she is on very solid ground and this decision bodes well for the future, both in the 9th Circuit and Supreme Court. Again, however, although this is a very good read as to where Judge Bolton will go in her final decision, there is still formal litigation on the merits to follow prior to reaching the appellate levels.

All in all a good day here at the Sandra Day O’Connor Federal Courthouse in Phoenix Arizona.

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  1. DWBartoo says:

    Thank you, bmaz.

    And, thank you, Judge Bolton.

    A bright spot, for certain, this decision, on a rather bleak legal horizon.

    DW

  2. AZ Matt says:

    This is good. Of course people who’s skin shades aren’t pink will still have to put up with the usual racial profiling.

  3. AZ Matt says:

    Russell is upset:

    Sen. Russell Pearce, R-Mesa, who crafted the legislation, vowed an immediate appeal.

    “I’m disappointed Judge Bolton doesn’t have more respect for the law, the damage to America” from illegal immigrants, he said.

    Why does Judge Bolton hate America?

  4. BoxTurtle says:

    Prediction: The 9th and the supremes will uphold that injunction.

    When an actual decision reaches the supremes, I suspect they’ll decide in favor of federal power pre-empting.

    Boxturtle (Presidential power is more important to that bunch than stomping on Scary Brown People)

    • Badwater says:

      Presidential power is more important to that bunch than stomping on Scary Brown People

      I wonder if the Republics on the Supreme Court don’t actually see the current President as a Scary Brown Person?

  5. Arbusto says:

    Sandra Day O’Connor Federal Courthouse

    Who says government doesn’t have a sense of humor like naming the J. Edgar Hoover Building for a drag queen or a courthouse for someone who undermined the Constitution for their own ideals or party.

    • Teddy Partridge says:

      Agreed, absolutely.

      Also see: The George H. W. Bush Center for Intelligence (CIA HQ, Langley)

          • RevBev says:

            Well yeah. He will want his own opus to come in there, and maybe Laura’s….but it may completely overshadow his.;)

            About the legal discussion here; I was just in the car and heard a bit from Hannity. He is beside himself about the ruling…lamenting “activist” judges and all that he thinks wrong with the decision. So, provokes the question of what Law School did he attend? Pass the Bar? Oh.

    • bmaz says:

      Sandra Day has a long and very good reputation here, and she is personally a very, very nice lady. She deserved to have the Federal courthouse named after her and I do not believe there was any dissent from anybody here about doing so.

      • Teddy Partridge says:

        It’s your thread so I won’t engage but you do know this is not a unanimous opinion in America, so I won’t engage.

      • Arbusto says:

        While I wouldn’t know SA O’Connor if she tried picking me up in a bar, I do know she abrogated any accolades she might be accorded by her sustaining Bush v. Gore, after being overheard stating the popular election of Gore shouldn’t stand. As I stated before she applied politics over the Constitution. Where has that lead in the past10 years?

        • Teddy Partridge says:

          She wanted to retire, her husband said so on Bush v Gore night, and hoped for a GOP victory so she could do. Imagine it actually being in her hands and she didn’t recuse after openly discussing it at a DC Salon on election night!

          To her eternal shame.

          There, I engaged, sorry bmaz and all the other Arizonans who like her so.

          • bmaz says:

            This is just popular legend and total crap. First off, John was already significantly into Alzheimers by that date and what he said in an addled state is of no moment. Secondly, you are imprinting your own mores and prejudices on her; she may have made a bad decision, but she was one of five justices that did so and I guarantee you that she may have regrets how the Bush presidency turned out (I know she does), she voted her conscience not her personal convenience. The singling out of her out of the five and hatred of her and demonization and disparaging of a fine legal career is sad and wrong. I do not agree, and in fact strongly disagree, with many of her decisions; but she is a wonderful and gracious person and has led an admirable and important life.

            • DWBartoo says:

              bmaz, I do wish that O’Connor were not one of those five, and I have often wondered if she did have regrets. What I know of her confirms your considered assessment, so I am relieved to hear that you affirm that she does, in fact, have regrets.

              DW

              • bmaz says:

                I do not know her well enough to have discussed it in depth with her; however, from a several different people who do, some friends of mine others like Jeff Toobin I have only read, yes I think she has regrets. As far as I know, those are regrets about how it turned out with Bush’s Presidency; I am not sure that means she would vote differently on the same case if presented again. I think she still had issues with the legal arguments on the Gore side. Myself, I think the Supreme court had no business invading the province of the state court on the issue of counting the votes. That said, the Gore campaign made many tactical errors in how they handled themselves that led to the situation being in the posture it was to start with and that led to their downfall in some regards; however bottom line is that the Supremes should not have invaded the province of the Florida state court at the point in time and in the manner they did. I don’t know, yes it is a very black mark on her, but it is far, far from the totality of her career.

                • DWBartoo says:

                  I find myself in complete agreement with your entire assessment of this sad chapter in our nation’s history, bmaz.

                  Where I had but speculation you had (and have) much more to work with.

                  I appreciate your confirmation and your very kind description O’Connor and what is, for the most part, a very decent and honorable career.

                  I hope that O’Connor may understand, that despite Bush v Gore, she is viewed with respect and appreciation in the opinion of many.

                  DW

  6. wirerat1 says:

    Any update on actual enforcement of federal law banning the hiring of illegal aliens? If only we’d punish the businesses that use illegal labor as opposed to pursuing the actual immigrants instead. No, that’d be “too hard” and obviously we only want to pay lip service to the problem. If businesses were fined enough and forced to comply with vetting their employees there would be no problem, because they’d be unable to get jobs.

    Looking at every other western country, they all have very strict laws in regards to immigrants and hiring of aliens. I think the US should have the same. I am all for illegal aliens being here if they want, but if they are unable to find a job, odds are they won’t stay. Problem solved.

    Yes, we should provide opportunities for immigration. I’m all for that. Unfortunately, instead of passing a harsh law like this in regards to the businesses, we take our anger out on the immigrants themselves.

    It is a shame we can’t police our businesses and Wall St. so harshly.

    • BoxTurtle says:

      If the migrants would just bring checks made out to the RNC, I’m sure they could get the same treatment as Wall St.

      Boxturtle (There would probably be a surcharge for being Scary and Brown, however)

      • ThingsComeUndone says:

        The Cubans did however I don’t think even they are dumb enough to want to visit AZ now unless they have to.

    • BoxTurtle says:

      Rumor is that Glenn Beck’s next show will be telecast from Lake Meade. They’re figuring he can top it off.

      Boxturtle (It’s a perfectly good rumor, as I just started it)

  7. ThingsComeUndone says:

    Any ideas how this will effect AZ political races? I was worried the police would use this law to discourage Hispanic voter turnout on election day.
    The police could have made up any reason to check every Hispanics ID before voting and of course the ID checking computers will be down or overwhelmed by data that day driving up the time for Hispanics to vote by hours.
    Will the GOP give us a Christmas Present and keep running on this issue? Pissed off voters tend to vote. We need to tell Every Hispanic on Hispanic Media a vote for any Republican is a vote for Papers!

    • ThingsComeUndone says:

      I suggest an ad campaign a Wealthy Cuban Man in a 3 piece suit and a BMW is pulled over with his family wife Grandma etc while driving their kid to AZ for college he has a Death to Castro, and I voted for Bush bumper stickers on his car. ( Camera Pans in an holds on the stickers )
      He is asked for his papers he forgot his wallet he tries to explain and the police say he is resisting arrest Camera goes black the sound is on and we hear the police say insults to Hispanics that we pull from the web that were originally said by Pat Buchanan, Michelle Malkin, that Redstate guy on CNN and any current GOP politician.
      We list the names of the GOP pundits and pols who originally said those words and a web site where they can fact check this on a streaming ticker like CNN uses.

    • bobschacht says:

      Will the GOP give us a Christmas Present and keep running on this issue?

      You can bet your patootie they will. And don’t count on disaffected Hispanics outnumbering enraged wingnuts in the voting booths, at least, not here in AZ.

      Bob in AZ

      • ThingsComeUndone says:

        And don’t count on disaffected Hispanics outnumbering enraged wingnuts in the voting booths, at least, not here in AZ.

        Thats sad about AZ however this should help us nationwide. Besides isn’t McCain likely to win his switch on immigration cost him Hispanic support and his previous stance on immigration won’t make the Tea Baggers trust him or vote for him.
        I think we can take his seat.

  8. brittanicus says:

    Hey! Whether its the economically strained state of Arizona, Fremont Nebraska, Hazleton, Pennsylvania, Californians, Proposition187 or any other small town, hamlet or community suffering from being forced by IRS regulations to subsidize illegal aliens? Or just the overwhelming criminal activity that has spread throughout America like a pestilence unfettered drunk drivers, assaults, murders, rapes, child predators and other terrible afflictions played on innocent victims. Americans are like taut bands of cat gut that cannot expand any more. They are angry and exasperated with every administration that has offered irrelevance to Citizens-legal residents. We will–NEVER–get the truth from certain media, such as the Liberal oriented Los Angeles Times, New York Time or the most ultra left Huffington Post? The rhetorical and propaganda that spills like toxic spit, is downright dishonorable to the taxpaying public

    The US GOVERNMENT has unremittingly lied to us, Lied about the real border fence, lied about the quantities of illegal aliens squatting here in the US and continuously lied to us about the costs in supporting illegal aliens and their households. I hope every American develops into a whistle-blower to inform ICE where illegal aliens are? And just like our own government connives with the open border nuts, I do hope every American uses his wits to ponder some way to track these criminals and get them handcuffed and deported. Inform on business holders who are using illegal labor or some other method, should get a reward. YOU CANNOT BELIEVE ONE WORD OUR GOVERNMENT TELLS US, AS THIS HAS BEEN SHOWN BY THE SECRET FILES RELEASED TO THE NEW YORK TIMES ABOUT THE WAR IN AFGHANISTAN.

    I HAVE JUST HEARD THAT FEDERAL JUDGE BOLTON IN ARIZONA HAS RULED THAT CERTAIN PORTIONS OF THE LAW ARE NOT APPLICABLE. MORE THAN EVER NOW WE MUST BOYCOTT ANY BUSINESS, COMPANY, OR STORE THAT DOESN’T USE E-E VERIFY AS A DIRECT DANGER TO OUR JOBS. TO OUR NATIONWIDE.WELFARE SYSTEM. WE MUST PUBLICIZE ALL THOSE CORPORATE, BUSINESS WORMS WHO ARE USING ILLEGAL LABOR. DIRECT THE BLAME SEN. HARRY REID OF NEVADA, A LIBERAL-DEMOCRAT FOR STOPPING A PERMANENT E-VERIFY IN THE SENATE. REMOVE THIS CORRUPT POLITICIAN FROM OFFICE IN NOVEMBER. THROW OUT ALL INCUMBENTS OUT OF OFFICE. CALL YOUR REPRESENTATIVE IN WASHINGTON AND DEMAND THEY STOP THE FOREIGN OCCUPATION OF NATION AT 202-224-3121 MILLIONS ARE JOINING http://WWW.NUMBERSUSA.COM AND FIGHTING BACK AGAINST GENERATIONS OF LYING GOVERNMENT

    The Liberal Democrats are desperate and it’s conceivable in the next ten days they are going to forcibly enact “The Dream Act” They are trying to show that they are troubled for the children caught up in the illegal immigration invasion. NumbersUSA say’s “NO”, –because our schools are already crippled to overcrowding as our government in the past have past disgraceful laws and opening more avenues for illegal immigrants to get stealth formulas of AMNESTY. It means US children will be displaced as they are already now and illegal alien progenies having more rights than persons born here or legal immigrants who came through the proper entrance. If we allow the Dream Act to pass, it will inevitably be the precursor for even more immigration laws, to be enacted through clandestine sessions in Washington.

    Enable yourself and advance your angry opinion at the corrupt reservoir of politicians, who are feathering their nests on your taxes. Call, fax or protest your adversity to any kind of AMNESTY, including the DREAM ACT.

    Attention to every American and legal resident:

    Immigration Amnesty Would Provide Hundreds of Billions in Social Security Money to Illegal Workers

    WASHINGTON, July 27 The “Earnings Suspense File” (ESF), used by the Social Security Administration (SSA) to track names and Social Security numbers that do not match government records, has tripled over the past decade. “The major cause of growth in the ESP file is unauthorized work by non-citizens,” according to SSA Inspector General Patrick P. O’Carroll in his report.

    Under contemporary law, an illegal alien who achieves authorization to work in the United States at some later date may become entitled for Social Security benefits and that’s even for work performed in this nation illegally using an appropriated Social Security number. The upon receiving a valid Social Security number, unauthorized earnings can be reestablished into the laborers’ new, lawful Social Security account and that’s without penalty, and at “YOU” the taxpayer expense.

    “Millions of senior and disabled supporters are adamant on one thing, that they don’t need one cent of their already fixed income or Social Security checks now, or in the future, to be taken away by any SSA administration and given to today’s illegal labor as an incentive for illegal work. This is about protecting Social Security’s dwindling funds for the pensions of American citizens.” The Liberals are determined by any means to extend a welcome, to all members of the illegal alien occupation of our country. But over the years, both parties are equally to blame for this chaos that is now evident in every neighborhood throughout America.
    Remember that those politicians in Washington and state level, along with Governors, Mayors and officials must be driven out of office, beginning with pro-amnesty Senator Reid (D-NV) in November. Reid does reside over a very heavily populated state, where illegal aliens have congregated. Like California both states have been overwhelmed. But unlike Arizona the politicians have spoken out and are trying to enforce a policing law, to extract foreign interlopers who are criminals by intent. Call your Representative at 202-224-3121

      • earlofhuntingdon says:

        And angry, but unmeasured. Assuming, perhaps questionably, that it’s not the plant of material from a troll, to get “it” out there and tarnish this site, it suggests the kind of anger that has followed for centuries when one economically disadvantaged group is set against another by the powers that be.

        It’s not about immigrants taking jobs – many of them, like ag work in 100+ degree weather, no one not in extremis would take. It’s not about their crime sprees; as a group, they are more law abiding than anyone. And no immigration law is going to stop drug lords moving their wares. It’s about fear and jealousy, stoked by those who want to keep the disadvantaged at each others’ throats rather than fighting back against the people and system that keep them disadvantaged.

        • b4real says:

          What planet are you living on?

          It is about the jobs and driving/keeping wages low etc.

          The criminal statistics are not verifiable, because only the criminals identified as illegal are counted. The majority are not and when court time arrives, they already have a new name and ss#, available at your local swap meet for fifty bucks.

          I worked as a supervisor for Halliburton in Los Angeles once upon a time, refinery work. The INS audited the employment records and everyone that had a discrepancy was temporarily laid off until the problem could be resolved. The next Monday, the same laborers were back, with different names.

          The reason why there are those jobs that “supposedly” they will only do, is because their presence disrupts the market forces which would cause wages in those positions to rise to a level that would attract labor.

          I worked construction for over twenty years and have seen the invasion first hand. Its not a hate thing, its a survival thing. When you see your livelihood being threatened it would be irrational not to react accordingly.

          Yes, the employers are at fault also, I have no love for the construction companies I worked for that utilized the illegals, and refuse to work with them.

          The problem needs fixing, and amnesty is not the answer. This is one time I am hoping the Supreme court leans even further to the right.

          The majority of the illegals are criminals involved in many activities that deprive our society of tax dollars, from their unlicensed stores/businesses to the car stereos they steal.

          The illegal aliens do keep wages depressed.

          They should be deported immediately.

  9. Peterr says:

    Kris Kobach, the UMKC law professor who helped write this law, is running for KS Secretary of State. I can’t wait to hear his reaction on the local news tonight.

    Meanwhile, his opponent in next Tuesday’s GOP primary is slamming him for spending so much time working on out-of-state business:

    epublican secretary of state hopeful Kris Kobach on Wednesday was criticized by one of his opponents for continuing to work on illegal immigration litigation in other states.

    “We now know, with Professor Kobach taking another job just days before the election, that he was misleading voters, and that he will be a part-time secretary of state,” said J.R. Claeys, a consultant from Salina.

  10. bobschacht says:

    Actually, although I doubt she’ll say so in public, I think Gov. Brewer may welcome this decision: It gives her a campaign issue without the messiness of having to deal with court cases involving actual undocumented aliens enmeshed in a case with allegations of racial profiling.

    Thanks, bmaz, for covering this.

    Bob in AZ

  11. ThingsComeUndone says:

    16
    Hey! Whether its the economically strained state of Arizona, Fremont Nebraska, Hazleton, Pennsylvania, Californians, Proposition187 or any other small town, hamlet or community suffering from being forced by IRS regulations to subsidize illegal aliens? Or just the overwhelming criminal activity that has spread throughout America like a pestilence unfettered drunk drivers, assaults, murders, rapes, child predators and other terrible afflictions played on innocent victims.

    Crime is down in all the border states despite the rise in immigrant and legal population. Please try and get a clue.

  12. mzchief says:

    Thank you, bmaz! Some good news of sanity in AZ. I look forward to hearing more such good news …

  13. bobschacht says:

    O/T:
    The End of the Fox News Era?

    Posted on Jul 25, 2010 by E.J. Dionne, Jr.

    In this article, Dionne is making the point often seen here that “fair and balanced” reporting does not mean giving air time or column inches to every loony right wing rant, regardless of merit, merely as “balance” for a sound, evidence-based analysis deemed “left-wing.” Surprise, surprise.

    Bob in AZ

  14. hijean831 says:

    Was hearing yesterday (via Randi?) that Brewer & Co are closely tied to the private prison industry, and would make out on all the folks being held in logjam for INS processing. Is that getting local play?

  15. Petro says:

    bmaz, thanks for getting this and distilling it for us. As an “ex-pat” Phoenician, it is nice to see that the court may be able to limit the humiliation that the state seems so committed to self-inflict (I need not need to list the incidences of this… *cough* Mecham *cough*…)

    Also from the same perspective, I have to agree with you on the dispute about O’Connor. Yea, her endgame was a bit frustrating, but she was a pretty straight-up jurist during her career.

    (Sorry, TP, future neighbor! Look forward to that FDL/PDX thing you were talking about the other night… ;)

  16. b4real says:

    This is what FDL has become? My dissenting opinion removed even though civil in every respect? I may as well hang out at dkos…

    • bmaz says:

      I did that by mistake actually; sorry about that, it has been restored. Although I do profoundly disagree with many of your conclusory statements about immigrants; they are not borne out by my experience nor by business leaders I am familiar with in Arizona.

      • b4real says:

        Thanks bmaz,

        You don’t know how much I admire and appreciate yours and EW’s analysis’.

        Much respect

        gem

  17. viejolex1 says:

    i had posted what i thought was a factual response to bmaz, first thanking him for the opinion and then disagreeing with his appraisal of sandra day o’connor.

    it has been scrubbed.

    i did not know that prof. stanley fish was moderating remarks among consensual adults. i will simply stop commenting.

    i would have thought that in either this (apparently marcy’s site) or firedoglake, the concept of censorship would have been lightly employed.

    oh well, avedon carol and susie and other adults are still around.

    • victortruex says:

      Speaking of censorship:

      Good friend of mine, guy who introduced me to FDL, got booted off for having the temerity to disagree with Jane over audit the fed.

      Speaking of adults around (or not around):

      Haven’t seen any postings from Selise lately. Know she has some health concerns. Anybody know if she’s okay? If you see this Selise, please let us know you’re still kickin’.

    • bmaz says:

      You accused Rehnquist of physically assaulting people and effectively accusing O’Connor of being a racist; both are false. Rehnquist was accused of questioning voters as to whether they were literate or not, and even old time Democrats I have known do not recall him doing very much in that regard, if anything at all. There have never been any facts alleging physical brutality. Similarly, there is no evidence from anything in her time in Arizona, which is all of her adult life other than when she was in Washington, to indicate anything racist in the least about her. You are right, your comment got scrubbed. Rehnquist was a complete dick, but I am not keen about propagating lies about him, O’connor or anyone else, for that matter. I live in Arizona, have all my life, and I find the “facts” you and b4real are pitching to be complete bunk and directly contrary to the reality here.

  18. victortruex says:

    A few things for those celebrating to ponder:

    a) What does the federal government now do to change the fact that, according to the gov’t’s own stats, 50% of all illegal aliens come through Arizona? That’s roughly 480,000 – 500,000 per year, or 1,300 a day?

    b) b4real is right. I’ve seen the same kind of thins in the construction industry here in SoCal. What used to be good paying jobs were taken over by illegals willing to work for 40-50% lower pay, and no benefits.

    c) How many illegal aliens should be allow to come here? Everyone in the world? If not that many, then how many?

    • Sara says:

      “a) What does the federal government now do to change the fact that, according to the gov’t’s own stats, 50% of all illegal aliens come through Arizona? That’s roughly 480,000 – 500,000 per year, or 1,300 a day?”

      When the decision was announced today, Minnesota Public Radio quickly put together a panel to discuss the ruling, and the overall problem. Much interest here, as Emmer, the Endorsed Republican — no opposition in the August 10th Primary — is running on a promise to enact the Arizona law if he is elected. He also plans to enact the Minnesota Vet’s bill of Rights if elected, but problem is it was enacted three years ago, and he voted against it twice. Blames last matter on bad staff work, rather than iffy memory of his own voting record. Anyhow…

      Apparently of the somewhere between 11 and 12 million illegals now in the US, the Rep from ICE on the MPR panel said about half of them arrived with proper visas, but have overstayed. Just as true of Mexicans and other South and Central Americans as all other nationalities. Apparently many are former students who overstayed, and melded into the workforce.

      An Academic Immigration Researcher on the panel made the point that the Obama Administration has pushed ICE to increase deportations, and the emphasis has been on finding illegals with criminal records, and quickly deporting them. This apparently saves states much money in Prison Custody costs, and similarly saves County Government Jail costs. During the Obama Administration 400,000 such deportations have been done. Can’t remember how much of an increase this is over Bush — but it was quite large.

      The Immigration Lawyer on the panel jumped in and suggested this could lead to the broken tail-light pattern. That is, illegals would be picked up on the charge of a broken tail-light, and deported. The ICE guy said they were not wasting their resources on things that did not merit a jail sentence.

      ICE guy said that there was a significantly greater dedication of resources to employer sanctions. He gave the amount that applied to Minnesota Employers, and if I remember rightly, something like a 200% increase in employer fines. Example used was the “industry wide” sweep of office cleaning contractors last winter, that found something like 800 violations. No one was immediately deported, but their employer was enjoined from employing them, and the employer fined heavily. Apparently about 2/3rds made a voluntary departure. With a voluntary departure they may be able to return legally if immigration law reforms are made, and work visas become available.

      What this represents is application of existing law. Political commentator on panel suggests Obama is getting it from the extremes on both sides of this issue, the peril of following the middle centerist way, and just enforcing existing law. Employers are apparently furious that ICE is doing research on industries, and then following up with broad enforcement.

      • bmaz says:

        The thing about the “broken tailight” bit though is that it is not as simple as saying it does not occur because such a charge is too penny ante. That is used a a pretext for asking for identification and then the immigrant either produces fake identification or lies; the cops then arrest them for possession and use of fraudulent ID in a police stop or false information to a law enforcement officer, both of which are felonies. The felonies are then used for conviction and immediate deportation. This is exactly what Sheriff Joe Arpaio does here.

        • Sara says:

          I think the point the members of the panel were trying to make is that with ICE putting the focus on deportation of those convicted of real felonies, now in custody either in County Jails or in State Prison — and at the same time making a serious effort, industry by industry, to find employers who have a pattern of employing large numbers of illegal migrants, and using their powers to levy significant fines — but also allowing the migrants voluntary departure, thus preserving their rights to eventually return if congress develops a plan for legitimate work visas, the old and existent immigration laws can significantly reduce the number of illegal migrants in the US. They estimated 400,000 migrants with felonies, and perhaps an additional million migrants have left or been removed since the beginning of the Obama Administration and the straight-forward simple enforcement of current law. Target– Criminal Migrants and Employers with patterns of employment of large numbers of illegals.

          • bmaz says:

            My point is that there is starting to be a systematic pattern of trumping up bogus felonies in order to do so. It is not a theory, it is a fact; I have seen it and represented a couple of people in this exact predicament. In one of the cases I had the judge talk to me afterward and state his exasperation at what was being done.

  19. modnar says:

    The illegal alien issue has gotten completely out of hand, and a point which is very important is being over looked. All of our lives we have been told, we are a country of laws, and nobody is above the law. Apparently for a selected few this is incorrect.

    While everyone has lost common sense trying to be politically correct, they are giving preference to people who are not citizens of the U.S. The aliens have no citizen rights, (they do have human rights) and everybody should stop trying to put the illegal aliens above the law and the citizens of the U.S. Everyone should follow the law, round these people up, send them back, put them on a priority list to immigrate, and make them follow the laws of this country, which they want so much to enter. They are not above the law, period. This is not prejudicial, this is following the immigration laws which already exist. Following the law is something a citizen does everyday.

    The Agriculture industry should raise the wages of the field workers to a living wage $10+Hr. and then recruit out of work Americans from the local unemployment office.

    This means big business would have to step up and act like patriotic Americans and not the greedy bastards they actually are, take it in the shorts with less profit & less millions a year in salary/benefits.

    Apparently none of you have watched “Border Wars”, if you had, this argument would be mute.

    • bmaz says:

      I live in the big bad “Border State” of Arizona, and can say that the meme that things are “out of control” is laughably wrong. There is nothing, and I mean nothing, particularly different than there ever has been or ever will be considering that there is a border in existence. It is not only no worse, overall violence and alien entry is lower than anytime in recent memory. There is a problem on the Mexican side of the border, which is troubling for those of us who like to travel there at will; but on this side, the conditions you conjure up just do not exist. It is a bunch of ginned up hooey.

      • b4real says:

        Bmaz,

        You’ve got a good heart, I can see that. You are mistaken in your assessment of the impact the illegals are having on our society. Specifically, in my own case, the construction industry, but the effects are spreading and they are no less damaging.

        A closed mind cannot be changed nor swayed.

        I left the construction industry and went to work for the cable companies, because I no longer wanted to fight what was an un-winnable war with the illegals in the construction industry. Now, the cable work orders are coming in with “Spanish speaking tech only” on them. So, I left Nevada.

        I actually do speak enough spanish to get my way, but the point is, they are requesting spanish speaking techs only as a power play. Many of these jobs I went on, the customers spoke English as well as I. It is a war, even the sobo’s (south of the border)will admit that. Some illegal annexation thing I have never bothered to google. Don’t make me provide links. :)

        One of my favorite jokes these days:

        1-800-555-5555: ring…..For English Press 1, To be deported Press 2…

        I’m now living in the most backwards state in our nation, and Canada won’t take me when my 50th birthday arrives in August, so where am I supposed to go next? When people or animals are backed into a corner the fight is to the death, you should recognize that. Sun Tzu surely did.

        I understand your sympathy. Once upon a time, I was gullible in the exact same manner. When it began to effect my lateral and upward mobility, my eyes opened and I am of a different mindset now.

        Go hang out with some construction workers, the non-latino flavored and buy them a beer and have a conversation. Perhaps then, your world will enlarge. Or get a green t-shirt and stencil INS on it and visit any construction site. Watch it empty. I’ve seen the blood mobile clear em, because they were recognized the governemnt signs but couldn’t read the words. True story.

        The illegal landscapers never bothered me until they turned into concrete finishers. They didn’t bother my step-dad until they turned into drywallers. They’re probably not going to bother you until they start turning into lawyers….

        I’ve been running construction crews since the mid 80’s. I have absolutely no reason to lie. I haven’t even been lucky enough to bed one of those fine latino’s yet, so I could argue that there aren’t enough of them here. (Mexican is a flavor missing from my necklace of conquests. The Spanish and Cuban were outstanding, especially the Spanish which has held the number 1 spot for many years. I assure you it is definitely not for lack of trying. Don’t worry, I’ll get one, but I am kind of picky too.) I’m a brown man frequently mistaken for being from Mexican, Puerto Rican, Iranian, Indian, and other middle eastern descent.

        I have been reluctant to mention this, but I sponsored an illegal for citizenship. You may know what that entails. He is still a very good friend of mine, but we definitely differ in our views on illegals today. This whole mess has strained our friendship, and I still don’t have any regrets. He is a real good guy. All of my obligations have ended and he is currently a United States citizen, but I wouldn’t do it again and if I knew then what I know now, I wouldn’t have done it then.

        “Open your mind”….what movie did that line come from… ;)

        I’m not going to cloudy anymore of your posts with my views on this issue. We the People are pretty powerless anyway. If you’d like to discuss this further, contact me at [email protected], its a throwaway, but I will give you appropriate contact info there.

        be good

        gem

        • b4real says:

          p.s. You know that after editing, it seems this software removes all carriage returns. I am not going to re-type the entire post, and am sorry that the format makes what I was trying to say difficult to read and will lessen the impact of the content. Oh well….