Federal Judge Susan Bolton ordered an injunction today of Arizona’s immigration enforcement law, formerly known as SB1070, just hours before it’s scheduled to take effect. Supporters of immigration enforcement are angry and frustrated over the ruling, but there is hope in the halls of Congress – of all places. If Congress passed the SAVE Act and CLEAR Act, these two bills together would secure the border, mandate E-Verify nationwide, and provide local law enforcement officials with the tools to help federal officials enforce immigration laws obviating the need for SB1070.
Let’s take a look at exactly what today’s ruling by Judge Bolton actually represents. It’s an injunction – or a temporary suspension – of several provisions within Arizona’s immigration enforcement law. It’s not the final decision. After hearing both sides of the case in a lengthy civil trial, Judge Bolton could decide that the federal government did not do a satisfactory job of proving their case, thereby causing her to lift her injunction. While that’s highly unlikely, it is possible.
Judge Bolton’s decision did strike down SB1070’s most famous clause that requires local police officers to check an individual’s immigration status if they have ‘reasonable suspicion’ that the individual is in the country illegally.
The decision did not suspend provisions that prohibit sanctuary cities, require state and local cooperation with federal officials, allow its residents to sue local leaders for refusing to cooperate with federal officials, prohibit the transport of illegal aliens, and restrict solicitation of illegal alien day laborers.
Arizona’s mandatory E-Verify law that was passed several years ago is still intact, including its sanctions for businesses that knowingly hire illegal aliens. Plus, any communities that participate in the federal government’s 287(g) and Secure Communities programs can still do so, and SB1070 prevents local municipalities from outright refusing to cooperate with federal enforcement officials.
In other words, despite Judge Bolton’s ruling today, SB1070 is still a step in the right direction for Arizona.
Showing posts with label preliminary injunction. Show all posts
Showing posts with label preliminary injunction. Show all posts
Thursday, July 29, 2010
Wednesday, July 28, 2010
Tennessee congressional candidate tries to block Obamacare
A Tennessee constitutional lawyer running for Congress is flying to Washington D.C. today to make an attempt at personally serving top Democrats with a class action lawsuit against President Obama’s health care bill.
Van Irion says he’s planning on doing everything he can to personally serve a complaint and motion for a preliminary injunction on President Obama, House Speaker Nancy Pelosi, Senate Majority Leader Harry Reid and Attorney General Eric Holder. The preliminary injunction is the first motion of its type to be filed and seeks to immediately bar the government from enforcing any aspect of the health care reform bill passed last March.
Irion is the lead attorney in the lawsuit against the recently passed Patient Protection And Affordable Care Act. It’s likely viewed as a campaign gimmick, considering the lead plaintiff in the suit is Anthony Shreeve, who is running Irion’s congressional campaign. But Irion says over 25,000 Americans have signed up as co-plaintiffs on the lawsuit.
Van Irion says he’s planning on doing everything he can to personally serve a complaint and motion for a preliminary injunction on President Obama, House Speaker Nancy Pelosi, Senate Majority Leader Harry Reid and Attorney General Eric Holder. The preliminary injunction is the first motion of its type to be filed and seeks to immediately bar the government from enforcing any aspect of the health care reform bill passed last March.
Irion is the lead attorney in the lawsuit against the recently passed Patient Protection And Affordable Care Act. It’s likely viewed as a campaign gimmick, considering the lead plaintiff in the suit is Anthony Shreeve, who is running Irion’s congressional campaign. But Irion says over 25,000 Americans have signed up as co-plaintiffs on the lawsuit.
Tuesday, June 22, 2010
New Orleans judge lifts White House moratorium on drilling
A New Orleans federal judge lifted the six-month moratorium on deepwater drilling imposed by President Barack Obama following the largest oil spill in U.S. history. Shares of drilling services companies jumped on the news.
Obama temporarily halted all drilling in waters deeper than 500 feet on May 27 to give a presidential commission time to study improvements in the safety of offshore operations. More than a dozen Louisiana offshore service and supply companies sued U.S. regulators to lift the ban.
U.S. District Judge Martin Feldman today granted a preliminary injunction, halting the moratorium. Government lawyers told Feldman that ban was based on findings in a U.S. report following the sinking of the Deepwater Horizon rig off the Louisiana coast in April.
“The court is unable to divine or fathom a relationship between the findings and the immense scope of the moratorium,” Feldman said in his 22-page decision. “The blanket moratorium, with no parameters, seems to assume that because one rig failed and although no one yet fully knows why, all companies and rigs drilling new wells over 500 feet also universally present an imminent danger.”
Obama temporarily halted all drilling in waters deeper than 500 feet on May 27 to give a presidential commission time to study improvements in the safety of offshore operations. More than a dozen Louisiana offshore service and supply companies sued U.S. regulators to lift the ban.
U.S. District Judge Martin Feldman today granted a preliminary injunction, halting the moratorium. Government lawyers told Feldman that ban was based on findings in a U.S. report following the sinking of the Deepwater Horizon rig off the Louisiana coast in April.
“The court is unable to divine or fathom a relationship between the findings and the immense scope of the moratorium,” Feldman said in his 22-page decision. “The blanket moratorium, with no parameters, seems to assume that because one rig failed and although no one yet fully knows why, all companies and rigs drilling new wells over 500 feet also universally present an imminent danger.”
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