Federal Judge Blocks Arizona’s Day Laborer Restrictions

Fox News, February 29, 2012

A federal judge blocked police in Arizona from enforcing a section of the state’s 2010 immigration enforcement law that prohibited people from blocking traffic when they seek or offer day labor services on streets.

U.S. District Judge Susan Bolton ruled Wednesday that groups seeking to overturn the law will likely prevail in their claim that the day labor rules violate the First Amendment.

The ban was among a handful of provisions in the law that were allowed to take effect after a July 2010 decision by Bolton halted enforcement of other, more controversial elements of the law. The previously blocked portions include a requirement that police, while enforcing other laws, question people’s immigration status if officers suspect they are in the country illegally.

The U.S. Supreme Court has agreed to hear Gov. Jan Brewer’s appeal of Bolton’s decision to put the most contentious elements of the law on hold. Another appeals court has already upheld Bolton’s ruling.

Three of the seven challenges to the Arizona law remain alive. No trial date has yet been scheduled in the three cases.

The Mexican American Legal Defense and Educational Fund and other opponents had asked the judge for a preliminary injunction to block enforcement of the day labor rules, arguing they unconstitutionally restrict the free speech rights of people who want to express their need for work.

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  • Gah, federal judges need to butt out already. How can these geniuses be so unaware of the 9th and 10th amendments?

    Somehow Jose blocking the streets and clogging up Home Depot parking lots is “interstate commerce” or there is some emanation from a penumbra or whatever other b.s. they wish to say that means felony invaders can inconvenience citizens in order to mow the lawn for a Republican presidential candidate. Ugggh.

    Of course it just has to be a woman making this ruling, too. Christ, the more I think about it the more I realize just how right the people who started America were when they restricted legal positions and voting to White men.

     

  • crystal evans

    There was a case I heard about in Georgia about a woman that was killed by a day laborer that her husband brought home to do some work at their house.  The majority of them may be harmless but some are not and this is the result of not knowing who is in our country.

  • Southern__Hoosier

    I wonder when some state is going to say enough is enough and ignore these federal judges?

    • Eagle_Eyed

      No kidding.  If I’m Brewer I state “the judge has made the ruling, now let’s see her enforce it.”

  • This same judge, when she issued the first round of injunctions in July 2010, let this traffic provision stand because she thought the Feds would not be able to knock down what was essentially a state traffic law in Federal court.

  • Energizer2112

    So the day laborers are allowed to “block traffic”? These Federal judges are pod people who hate America.

  • Another judical activist, distorting the Constitution in order to  render a verdict in favor of illegal invaders. Federal judges can twist and mangle the Constitution, in order to fit their open borders, pro-illegal invader agenda.

     This country does not stand a chance with this insanity from our judiciary!

  • John Maddox

    The state’s cowardice has always amazed me. Federal Judges can rule, but they have no power of enforcement. The president holds that power. For most states its not the threat of the federal government sending national guard troops and federal marshals in to enforce a courts ruling. Its the loss of federal funds. Government money from the pork barrel is the tool that the Feds use to keep potentially errant state governments in line. The founders warned against this sort of thing.

  • MartelC

    I have said this before but.. the law is whatever the power elite want. We get laws passed, they strike them down, or flagrantly ignore them – as with california and various anti-affirmative action props. 

    White kids scattering cottonballs on campus as charged with hate crimes and threatened with imprisonment, blacks who beat whites  or block voting booths have the charges dropped. We pass immigration reform, it is ignored.  A candidate runs on reform and turns coat in office, existing laws – like basic border enforcement – are ignored… agendas with no mandate or law are carried out… 
    Hate speech laws scope expands.. blatant death and violence threats against  amren and the AR conference get tired ‘we’ll look into ‘ responses from the FBI, while the sight of a hangman’s noose sparks a federal investigation and three days of front page NYT coverage.
    SLowly, ‘our’ voices are being silenced and opposition to multicultralism criminalized.

    They have made a mockery of the law, of the constitution and the democratic process. What options are left? 

  • The very invaders this ruling is meant to aid and abet do not acknowledge our laws. Therefore, why
    should the State of Arizona acknowledge this ruling in favor of illegal invaders? Just ignore it and go about your business as the invaders do! Therefore, you lose some highway
    funding. Big whoop!

    Most local cites and counties have laws against loitering. Start enforcing the law!
    Besides, It’s not as if we have an abundance of American citizens ,loitering in front of Home Depot soliciting “work.”

  • William_JD

    The Mexican American Legal Defense and Educational Fund and other opponents had asked the judge for a preliminary injunction to block enforcement of the day labor rules, arguing they unconstitutionally restrict the free speech rights of people who want to express their need for work.

    Insane.  In principle, this judge is saying the First Amendment guarantees the “right” of prostitutes or hit men, for that matter, to advertise.

  • bluffcreek1967

    I sometimes see these ‘day laborers’ (Mexican illegal immigrants) picked up by White men (presumably DWL’s, although not all of them are) to help with their yards or projects at their homes. They’re looking for cheap labor and they know these Mexicans, for the most part, will actually put in a full day’s work. But all it’s doing is contributing to the Mexican invasion that’s occurring in our country. Moreover, the people who hire these individuals know absolutely nothing about them – and this means bringing potential criminals into their homes. A good portion of them are thieves and criminal opportunists. It is important to remember that Mexico does not give us their best and brightest (they in fact remain in Mexico), but their worst! This explains why many of them cannot read, cannot even write their names, and are just plain dim-witted. Those who regularly come into contact with the Mexican invaders (or daily, as I do), know it to be true.