posted on Jul, 25 2010 @ 05:32 PM
lawsuit hearing ends with no ruling
Even though the judge has not issued a ruling at this time, she has asked questions on both sides, not giving any indication as to how she will rule.
Both sides are not only having to answer the questions as they are asked, but also give conviencing arguments that the other side is wrong. Some of
the more intersting questions from the Judge Bolton:
She said she wasn't concerned with the portion of the law forbidding law enforcement from restricting the enforcement of federal immigration law. But
she did have concerns or questions about several other portions:
• Any person who is arrested shall have the person's immigration status determined before the person is released.
Bolton said that "goes well beyond explicit enforcement provisions."
"Does this have the potential to violate the Constitution on reasonableness of detention?" she asked.
• A peace officer without a warrant may arrest a person if the officer has probable cause to believe the person to be arrested has committed any
public offense that makes the person removable from the United States.
"Who gets arrested that couldn't get arrested before?" Bolton asked. "The determination of what makes an individual removable from the U.S. is a
determination only the federal government can make."
• In addition to any violation of federal law, a person is guilty of willful failure to complete or carry an alien registration document if the
person is in violation of 8 United States Code Section 1304(e) or 1306(a).
"Isn't that really just an attempt to get around the fact that Arizona can't have its own alien-registration law?" Bolton asked.
It is believed that the Judge will strike down parts of the law, while leaving the other parts on the books. This bears to watch, as it is going to
get more interesting. That and why is it that 8 other countries, led by Mexico is getting involved in this, to determine what is legal in the US?