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Wednesday, July 28, 2010

Goliath Steps on David, Arizona Fights On!




The other local immigration law that was set to go into effect tomorrow is in the town of Fremont, Nebraska. The ordinance was approved by voters last month and would have prohibited the hiring of, or renting to, illegal aliens.

But the town council there voted last night to suspend the measure because of the prohibitive costs of fighting the ACLU and MALDEF in court:

Fremont appears to be leaning away from a court fight for cost reasons – officials have estimated that implementing the ordinance, including legal fees, would average $1 million per year.

Legal experts say that sets a bad precedent.

Critics of the suits say they amount to intimidation. “The strategy is essentially, ‘You may want to take actions to deal with illegal immigration? It may be what the citizenry wants, but if you try, we’ll bleed you dry in the courts,’“ says Ira Mehlman, spokesman for the Federation for American Immigration Reform (FAIR).




It's not overturned but an injunction against the most important parts of the bill until a full trial takes place.

A federal judge on Wednesday blocked the most controversial parts of Arizona's immigration law from taking effect, delivering a last-minute victory to opponents of the crackdown.
The overall law will still take effect Thursday, but without the provisions that angered opponents — including sections that required officers to check a person's immigration status while enforcing other laws.

The judge also put on hold parts of the law that required immigrants to carry their papers at all times, and made it illegal for undocumented workers to solicit employment in public places.

U.S. District Judge Susan Bolton ruled that those sections should be put on hold until the courts resolve the issues. Other provisions of the law, many of them procedural and slight revisions to existing Arizona immigraiton statute, will go into effect at 12:01 a.m.

..."There is a substantial likelihood that officers will wrongfully arrest legal resident aliens under the new (law)," Bolton ruled. "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."

Legal Insurrection has the decision.

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