Yesterday a federal judge put the brakes on the meat of Arizona’s new immigration law.
Specifically, the federal judge issued an injunction that blocks the provision that requires police to "make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested" if the officer determines that she/he has reasonable suspicion that the person is in the United States illegally.
CNN’s Jeffrey Toobin points out that the federal judge’s ruling was based on the likelihood of the federal government to win their argument that the provision violates federal sovereignty and control of immigration laws. He also believes that this case will ultimately end up in front of the Supreme Court.
It’s important to understand that this ruling did not speak to whether the provision would violate a person’s civil rights. The judge did point out that the law could lead to the detention of citizens who are in the country legally...but she blocked the provision ‘cause it violates federal law.
I don’t want to live in a country where each state has it’s own immigration law. We already have a nation where a person’s reproductive freedom varies state to state and that’s a damn shame...that a woman in one state has reproductive rights that a woman in another state doesn’t is fucked up from the floor up and un-American as hell. So, I’m glad the federal judge blocked that provision and sent a message that the federal government makes immigration policy and enforces that policy for the nation.
By the gods, I hope support for uniformity becomes a fucking judicial trend.
But that leaves us with a federal government that still needs to revise our immigration policy…and a bunch of polls that seem to say that Americans support the spirit of the now blocked profiling provision from Arizona.
So we still face the real possibility that the same forces that were at play in Arizona will take their "cause" to the Hill and add that kind of provision to a reform of federal immigration law…and then opponents would challenge it…and our best bet would be for the Supreme Court to take up the case.
The struggle continues…
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