The Tonka Report

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Judge Bolton Blocks Disputed Parts Of Immigration Law In Arizona

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July 28, 2010: Randal C. Archibold / The New York Times – July 28, 2010

PHOENIX — A federal judge on Wednesday, weighing in on a clash between the federal government and a state over immigration policy, blocked the most controversial parts of Arizona’s immigration enforcement law from going into effect.

In a ruling on a law that has rocked politics coast to coast and thrown a spotlight on a border state’s fierce debate over immigration, Judge Susan Bolton of Federal District Court here said that some aspects of the law can go into effect as scheduled on Thursday.

But Judge Bolton took aim at the parts of the law that have generated the most controversy, issuing a preliminary injunction against sections that called for police officers to check a person’s immigration status while enforcing other laws and that required immigrants to carry their papers at all times.

Judge Bolton put those sections on hold while she continued to hear the larger issues in the challenges to the law. “Preserving the status quo through a preliminary injunction is less harmful than allowing state laws that are likely pre-empted by federal law to be enforced,” she said. “There is a substantial likelihood that officers will wrongfully arrest legal resident aliens,” she wrote. “By enforcing this statute, Arizona would impose a ‘distinct, unusual and extraordinary’ burden on legal resident aliens that only the federal government has the authority to impose.”

The judge’s decision, which came as demonstrators on both sides of the law gathered here, and after three hearings in the last two weeks in which the judge peppered lawyers on both sides with skeptical questions, seemed unlikely to quell the debate.

“I am disappointed by Judge Susan Bolton’s ruling,” Gov. Jan Brewer said in a statement. “This fight is far from over. In fact, it is just the beginning, and at the end of what is certain to be a long legal struggle, Arizona will prevail in its right to protect our citizens…I have consulted with my legal counsel about our next steps. We will take a close look at every single element Judge Bolton removed from the law, and we will soon file an expedited appeal at the United States Court of Appeals for the 9th Circuit.”

State Senator Russell Pearce, a Republican and chief sponsor of the law, said in a statement that he was confident that the sections blocked by Judge Bolton will survive on appeal. “With past rulings supporting Arizona’s employer sanctions law, the courts have made it clear states have the inherent power to enforce the laws of this country,” he said. “I am confident that the courts will back the provisions in SB 1070 temporarily blocked by Judge Bolton.”

Judge Bolton’s ruling seemed destined to do fuel even more rhetoric on the campaign trail, with Arizona’s attorney general, Terry Goddard, who opposes the law and is seeking the Democratic nomination for governor, quick to praise the ruling and condemn Gov. Brewer, a Republican, for signing it. “Rather than providing the leadership Arizona needs to solve the immigration problem, Jan Brewer signed a bill she could not defend in court which has led to boycotts, jeopardized our tourism industry and polarized our state,” Mr. Goddard said.

The ruling came four days before 1,200 National Guard troops were scheduled to report to the Southwest border to assist federal and local law enforcement agencies there, part of the Obama administration’s response to growing anxiety over the border and immigration that has fed support for the law.

Legal experts predict the case is bound for the United States Supreme Court. The law, adopted in April, was aimed at discouraging illegal immigrants from entering or remaining in the state. It coincided with economic anxiety and followed a number of high-profile crimes attributed to illegal immigrants and smuggling, though federal data suggests crime is falling in Arizona, as it is nationally, despite a surge of immigration.

Seven lawsuits have been filed against the law, challenging its constitutionality and alleging it will lead to racial profiling. The Justice Department lawsuit was among the more high profile, filed after President Obama and Attorney General Eric H. Holder Jr. condemned the law. It also led to mass demonstrations in Phoenix, for and against it, and a national campaign by civil rights groups to boycott the state.

The Mexican government warned its citizens about traveling to the state and filed a brief in court supporting the lawsuits. Its human rights commission was sending inspectors to the border in anticipation of an escalation in deportations. But the law also has attracted support, with polls showing a majority of Americans support the notion of local police assisting in federal immigration enforcement. The Obama administration struggled to respond.

After the law was adopted, the administration defended its handling of the border and immigration while urging Congress to enact a sweeping change in immigration law. Justice Department lawyers argued that the state law amounted to regulation of immigration, the exclusive authority of the federal government. They said the law went too far in requiring local police to make immigration checks and that federal agencies would be overwhelmed in responding to the requests. 4In addition, they argued that the law could lead to harassment of legal residents and citizens who fell under suspicion by the police and could damage relations with Mexico and other countries the United States relies on for cooperation with law enforcement and other matters.

Judge Bolton, in her three hearings, at times did not sound open to the federal government’s arguments. “Why can’t Arizona be as inhospitable as they wish to people who have entered or remained in the United States?” she asked Deputy Solicitor General Edwin S. Kneedler last week. “It is not for one of our states to be inhospitable in the way this statute does,” he replied, echoing arguments from other lawyers who have warned against a patchwork of state and local immigration laws.

At another point, she asked, “Where is the pre-emption if everybody who is arrested for some crime has their immigration status checked?” She suggested the immigration agency could simply refuse to pick up someone referred by the police, a tactic federal officials have hinted could be their response if the law goes forward. But she seemed reluctant to accept that local police making the inquiry intruded on federal authority.

John Bouma, a lawyer for the state, said the law closely hewed to federal statutes and followed the intent of Congress to give states a role in enforcing immigration laws. He said Arizona was being irreparably harmed by the flow of immigration across the border — more people are apprehended crossing the border in Arizona than any other state — and the state should not be penalized for stepping in where the federal government has not. “The status quo is simply unacceptable,” he said.

But Judge Bolton seemed flustered by vague wording in the law and questioned, among other things, if people arrested for any crime would be detained for unusually long periods while their immigration status was being determined, as the law requires. She also questioned whether local police could arrest somebody without a warrant if they believe they have committed a deportable offense. Determining who gets deported is typically left to a judge.

The Tonka Report Editor’s Note: Federal Judge Susan Bolton has ruled in violation of both the Tenth and Eleventh Amendments to the United States Constitution

10th Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

11th Amendment: “The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.”

This is treason by both the Obama administration for filing a lawsuit against the Sovereign State of Arizona, and Federal Judge Susan Bolton for prohibiting the aforementioned from exercising their Constitutional right of Sovereignty. If a US citizen travels to a foreign country and is stopped or apprehended for an alleged violation or crime, they must show identification and proof of national origin. You tell me where else in the world do foreign nationals have carte blanche to immigrate to another country illegally and then be given amnesty for breaking the law! That, my friends, is the epitome of treason by this illegal Federal government– SJH 

Link to original article below…

http://www.nytimes.com/2010/07/29/us/29arizona.html?pagewanted=1&_r=1&hp

7 Responses

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  1. “House Bill 2013” and “SB1070”
    0 = Arizona
    2 = USA/ Our Constitution/ We the People of the United States

    This month of July 2010, our U.S. Federal courts have found the so called State of Arizona hate filled legislation namely “House Bill 2013” and “SB1070” Un-constitution (So much for the intellect of Jan Brewer, “Did you read the bills you signed?”). But we all know that they will go crying to the Supreme Court of the United States, please, please, please go. We will fight you in Arizona, any other state, and yes in Washington DC. We will not tire, we will not be silent and we will persevere, I promise you.

    In my opinion the Republican Party has been taken over the most extreme of clans; the Baggers, Birthers and Blowhards (people who love to push their beliefs and hate on others while trying to take away the rights of those they just hate) and that’s who they need to extract from their party if they real want to win in November. Good Luck, because as they said in WACO, “We Ain’t Coming Out”.

    It’s all about politics: Jan Brewer you were never elected to be Governor, but you have no problem trying to get elected on the back of undocumented workers, you loser (sure you may win but the long-term effects to your so called State is just beginning). Here is a partial list of your hate filled legislation;

    1. S.B. 1070,
    2. House Bill 2013
    3. No permit conceal weapons law,
    4. The famous Birthers law,
    5. Banning Ethnic studies law,

    6. Could she be behind the Mural in Prescott, Arizona, ordered to be whiten,
    7. On deck to pass, no citizenship to babies born to undocumented workers,

    8. If she can read she should look up Arizona’s House Bill 2779 from two years ago (which was un-constitution and failed when legally challenged),
    9. The boycotted Martin Luther King Day, what idiots don’t want another holiday? Yes, you guessed it Arizona.

    Well Arizona, you can keep boycotting new holidays, passing hate filled legislation and the rest of our country will continue to challenge you in court of law and Boycott your so-called state.

    Lets face it, no one can real believe anything that comes out of Brewer’s mouth, in an interview, this year, in an attempt to gain sympathy, she first said her father had died in Germany fighting the Nazi in World War II (which ended 1945) but of course we find out the truth that father was never in Germany and died in California in 1955. But we are suppose to believe everything else she says, right!

    As they say in the World Cup: Gooooooooal!

    Montana

    July 28, 2010 at 10:36 pm

  2. Montana,

    Fight? The fight won’t be determined in the corrupt Supreme Court or by the illegitimate Federal government. The fight will ultimately be decided when Americans and the States have had enough of the trans-national corporations and international bankers that have infiltrated this country and are undermining the sovereignty of this Republic!

    There is no left or right. It’s an illusion! Divide and Conquer… Illegal immigration is yet another distraction and method to divide and conquer the people, just as race wars and organized religion are, to get us to fight amongst ourselves instead of focusing on the real enemies mentioned in the previous paragraph. Read history!

    As a former US Marine who took an oath to uphold and defend the US Constitution against both foreign and domestic enemies, and you apparently seem to be both, be aware that the wrath of true American patriots has yet to be unleashed. There are not only many of us who understand the laws of the Constitution, but will ultimately defend our freedom when that time comes about as this once great Republic continues its struggle to survive under the weight of occult globalism. The real fight for the minds of the people is right here and now!

    Show me in the Constitution where I need a permit for a firearm! I could care less about Brewer. This is about the Republic of the United States of America that’s at stake… If we fall, kiss your ass goodbye!

    – SJH

    Steven John Hibbs

    July 29, 2010 at 1:10 am

  3. Stevie: So when you were in the military was our system corrupt? I mean killing others for their oil and other resources is not new. We all know there is nothing new under the sun.

    The Brewer lost in court because she knew it would fail in at the State level. Have you not even taken the time to hear her comments after the decision? Apparently not. She, for now, looks like a fool, but I will see both of you in the Supreme Court of the United States, the battle continues.

    Just so you know we are ruled by the Constitution, the Bill of Rights and the Declaration of Independence, and not by majority rule, but I guess you are against all of it, too bad, you lose.

    Hey, great job in electing Republican Scott Brown, he real helped in a pinch!

    I do not share your point of view but I will tell you victory is sweet.

    Montana

    July 29, 2010 at 10:15 pm

  4. AMERICA YOU KNOW AS WELL AS I WHERE THIS IS GOING THE RULING OF JUDGE BOLTON REGARDING SB-1070. RIGHT TO THE COMMUNIST CONTROLLED SUPREME COURT. JUST LOOK AT THE CUBE I’VE PROVIDED ABOVE AND SEARCH FOR YOURSELVES WHAT I HAVE MANAGED TO CUBE FOR YOU HERE. UNLESS WE AS AMERICANS BAND TOGETHER AND TOTALLY DESTROY THE ZIONIST JEW BANKSTERS THAT ARE CONTROLLING OUR FEDERAL COURT SYSTEM, WE WILL CONTINUE WITH THIS KIND OF BS ACTION. ACTION THAT IS DESTROYING WHITE CHRISTIAN AMERICA FOR SATAN’S RISE TO POWER. THE ROTHSCHILD’S EVIL FEDERAL RESERVE BANK IS TOTALLY BEHIND THIS. IF WE TRUELY WANT AN END OF THIS EVIL TO OUR COUNTRY THEN DESTROY THEIR BANKS CONTROL OVER US NOT UNLIKE PUTIN DID IN RUSSIA. DON’T BE STUPID TO THINK THAT WAITING FOR THE NEXT ELECTION TO VOTE OUT DEMORATS IN OFFICE WILL SOLVE THIS PROBLEM. WE NEED TO DRAIN THE SWAMP OF ALL OF THE ROTHSCHILDS BANKSTERS ZIONIST HOLD OVER US. THEY HAVE OVER 100 TRILLION DOLLARS OF OUR MONEY AMERICA. THAT BUYS A LOT OF EVIL POLITICIANS AND JUDGES THE SAME ONE’S WHO ARE STOPPING THE IMMIGRATION ISSUE RIGHT NOW IN AZ. BILL CLINTON’S FLUNKY BOLTON IS GIVING PAYBACK TO ONE OF ROCKEFELLER’S RELATIVES BILL CLINTON ONE OF THE MOST VILE AND EVIL PEOPLE ON THE PLANET. UNTIL WE RID OURSELVES OF THESE KINDS OF MONSTERS FRIENDS NOTHING WILL CHANGE. http://clifylq.livejournal.com/112947.html

    DON’T YOU GET THAT?

    clifylq
    http://supportbordercontrols.blogspot.com/

    READ BY OVER 10 MILLION ON THE WEB CAN YOU IMAGINE WHY?

    clifylq

    July 29, 2010 at 10:29 pm

  5. Montana,

    It is exactly this kind of blind ignorance glaring from your comments and from people like you that has put this Republic in such peril. You obviously have no clue who runs this country – and has – ever since the illegal Federal Reserve Act of 1913.

    It is quite apparent that you have no concept of history, specifically international banking, trans-national corporations, military-industrial complex, CIA drug cartels (including the chaos on the US/Mexico border), corporate mainstream media, and their intimate connections to the secret societies (CFR, TLC, Skull and Bones, Bilderberg Group, Bohemian Grove, Freemasons, et al) and the occult.

    It is also quite evident that you live and breathe in the black hole propaganda of the left-right paradigm, created for people just like you, who possess no critical thinking skills in order to see through the façade. That’s pathetic! Unfortunately, it’s indicative of this crumbling society due to the misguided ideologies of led-by-the-nose sheeple like yourself.

    Your “victory” is a poison. Arsenic is also “sweet”…

    – SJH

    Steven John Hibbs

    July 30, 2010 at 11:01 am

  6. I want AZ Governor Jan Brewer to show papers to prove she’s a human being. I think it was FOX that did a show on extraterrestrials that live among us, and Governor Brewer does resemble some alien from a B Movie, “Invasion of the Brain Snatchers”, right? I’ve have my suspicions about people like Jan Brewer, Mitch McConnell and Karl Rove because of their lack of human qualities.

    As far as the immigration issue goes… Republicans never made a big deal about immigration enforcement during Bush/Cheney but NOW all conservative hell is breaking loose… even though the Obama Administration is deporting MORE illegal’s than Bush ever did. Maybe we should adopt Ronald Wilson Reagan’s immigration policy (look it up morons)

    And funny how I didn’t hear NOT ONE WORD on the Cable News about AZ Gov. Jan Brewer’s connection with the Corrections Corp of America. Not to mention I could stop this immigration problem with one thing… ARREST ALL THOSE conservative business people WHO ARE HIRING THE ILLEGAL WORKERS! Republican Party = Hypocrisy

    On 7-28-10 I was watching Republicans on Morning Joe (MSNBC) preach about being ADULTS when it comes to our economic meltdown. I say BS! The real ADULTS are trying to demand accountability from those who got us in this financial mess. Republicans want to shift the burden of responsibility on Teachers unions and others in the American working class.

    I wonder if the spoiled Silver Spoons on Morning Joe knew how much they hurt Democrats, Progressives, Liberals when they didn’t challenge NJ Gov. Christie. NOW all over the internet the Conservative wacko groupies are swooning all over Christie like he was a rock star. Of course, because of these Republican low grade thought processes, the right wing monkeys now consider teachers, poor people and immigrants the biggest threat to our economy.

    What kind of Americans are stupid enough to believe decent wages/working conditions, regulation, Wall St. reform and making the rich pay their fair share are BAD THINGS! Republicans will take tax dollars away from grade schools to give BP tax breaks/subsidies. DON’T BELIEVE ME, you rightwing numbskulls, CHECK IT OUT FOR YOURSELVES!
    consciousmc.blogspot.com

    SPO101

    July 30, 2010 at 2:57 pm

  7. SPO101,

    I want Barry Soetoro aka Barack Hussein Obama to show papers to prove he’s an American citizen, and thus eligible to be President!

    – SJH

    Steven John Hibbs

    July 30, 2010 at 3:14 pm


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