Friday, July 30, 2010

Federal Judge Slows Down Immigration Law Reforms

Immigration Attorney John MacDonald noted an important injunction by a Federal Judge in Arizona. Story below.


AZ Immigration Law Is Gutted By Federal Judge

Posted by: Bruce Reilly in Immigration on July 28, 2010

A temporary injunction threw a monkey wrench in the controversial (to say the least) SB 1070 law that would empower a "Papers Please" approach to immigration.

Key parts of Senate Bill 1070 that will not go into effect Thursday:

• The portion of the law that requires an officer make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested if there's reasonable suspicion they're in the country illegally.

• The portion that creates a crime of failure to apply for or carry "alien-registration papers."

• The portion that makes it a crime for illegal immigrants to solicit, apply for or perform work. (This does not include the section on day laborers.)

• The portion that allows for a warrantless arrest of a person where there is probable cause to believe they have committed a public offense that makes them removable from the United States.

The ruling says that law enforcement still must enforce federal immigration laws to the fullest extent of the law when SB 1070 goes into effect at 12:01 a.m. Thursday. Individuals will still be able to sue an agency if they adopt a policy that restricts such enforcement.

Bolton did not halt the part of the law that creates misdemeanors crimes for harboring and transporting illegal immigrants.

Meanwhile, local folks are planning to take part in the National Day of Action on SB 1070

12pm: Statehouse: Prayers for Gov. Don Carcieri;

2pm: RI Convention Center: Bill Clinton stump speech for Caprio (Clinton's Administration severely tightened immigration standards, the construction of prisons, and provided for the mass detentions post 9/11)

"We must not tolerate illegal immigration. Since 1992, we have increased our Border Patrol by over 35%; deployed underground sensors, infrared night scopes and encrypted radios; built miles of new fences; and installed massive amounts of new lighting. We have moved forcefully to protect American jobs by calling on Congress to enact increased civil and criminal sanctions against employers who hire illegal workers. Since 1993, we have removed 30,000 illegal workers from jobs across the country."

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

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