CNS photo/Joshua Lott, Reuters

A man prays during a vigil protest against Arizona's controversial S.B. 1070 immigration law outside the state capitol in Phoenix July 28.

Judge enjoins controversial aspects of SB 1070

SB 1070 will take effect tomorrow, but without many of the controversial aspects supporters and opponents have argued about for the last several months.

U.S. District Court Judge Susan Bolton enjoined, or blocked, key provisions of the immigration crackdown, including a requirement that law enforcement officers make “a reasonable attempt” verify immigration status during any “stop, detention or arrest.”

It also will not be a crime for immigrants not to carry proof of their status at all times and police will not be able to make arrests simply because a person is suspected of being in the country illegally.

Looking for work without proper paperwork will also not be a crime when SB 1070 takes effect tomorrow.

These four aspects of the law, which Gov. Jan Brewer signed back in April, won’t be implemented until they are addressed in court, according to the ruling. 

“I’m really pleased,” Bishop Thomas J. Olmsted said of the ruling. “I think this helps us to see that the legislation is not suited for meeting the real, serious problem we’re facing.”

The solution to the immigration problem, he said, has to come from the national level.

“The judge’s ruling says that and makes sure the present law won’t be one that harms our people,” he said.

Bishop Olmsted, along with Tucson Bishop Gerald F. Kicanas, Gallup Bishop James S. Wall and Phoenix Auxiliary Bishop Eduardo A. Nevares, issued a statement through the Arizona Catholic Conference, the local Church’s public policy arm.

“The tragic consequences of the failure of our nation’s political leadership to enact reform of our immigration system have included the deaths of thousands of people,” the bishops’ statement read.

“Migrants -- women, men, children in desperate circumstance -- have died trying to enter our country. U.S. citizens have died because of crimes committed by drug smugglers, people smugglers and weapons smugglers.”
The bishops offered their prayers.

“We have been in prayer for the last several months, the bishops and our parishes, so that Judge Boulton would have the wisdom of the Holy Spirit to make a ruling that’s just and fair, and she has made a just and fair ruling,” Bishop Nevares said in an interview with The Catholic Sun.

Still, the bishops have some concerns.

“So we want to pray and continue to hope that there be a complete immigration reform so that there will be peace,” he added.

The ruling let stand the provision that allows local police to enforce federal immigration law to the fullest extent.

“This is open to interpretation,” said Ron Johnson, executive director of the Arizona Catholic Conference. “That would be a concern, I suppose, if it’s interpreted the wrong way. The goal of it is arguably to prevent a sanctuary city that would not allow immigration law to be enforced.”
SB 1070’s supporters are already issuing statements denouncing the ruling.

“This fight is far from over,” Gov. Brewer said. “In fact, it is just the beginning, and at the end of what is certain to be a long legal struggle, Arizona will prevail in its right to protect our citizens.”

J.D. Hayworth, who’s running for the U.S. Senate, said Judge Bolton “gutted the law.”

“The vast majority of Americans and Arizonans want this law implemented and the judge's action simply circumvents the people’s will,” he said.
Hayworth’s primary opponent, Sen. John McCain, issued a statement with Sen. Jon Kyl also denouncing the ruling.

“We are deeply disappointed by the court’s ruling today and disagree with the court’s opinion that the Arizona law will unduly ‘burden’ the enforcement of federal immigration law,” the statement said.   

Catholic News Service contributed to this story.