Judge Blocks Part of Arizona's Immigration Law

The Patriot Post · http://patriotpost.us Digest Friday, July 30, 2010 The Foundation "Born in other countries, yet believing you could be happy in this, our laws acknowledge, as they should do, your right to join us in society, conforming, as I doubt not you will do, to our established rules. That these rules shall be as equal as prudential considerations will admit, will certainly be the aim of our legislatures, general and particular." --Thomas Jefferson

Government & Politics Judge Blocks Part of Arizona's Immigration Law Clinton-appointed District Court Judge Susan Bolton blocked most of Arizona's immigration law this week, ruling that it would "impermissibly burden federal resources." In other words, enforcing federal law is a violation of federal law. The preliminary injunction, she said, would merely preserve the status quo and be less harmful to immigrants than allowing the law to be enforced in full. The next step for Arizona is an appeal before the Ninth Circuit Court of Appeals, where Bolton said that the Justice Department's suit was "likely to succeed on the merits."

Bolton blocked the primary provisions of the law -- including those requiring state law enforcement officials to check immigration status when other legitimate contact occurs, as well as the requirement that foreigners carry their papers at all times (federal law already requires this). On the other hand, 12 provisions, including some on human smuggling and transporting illegals, were left intact. All told, though, her ruling went even further than the DoJ had hoped.

The Department of Homeland Security is bound by federal law to "respond to an inquiry by a federal, state, or local government agency, seeking to verify or ascertain the citizenship or immigration status ... for any purpose authorized by law, by providing the requested verification or status information." Yet Bolton wrote, "An increase in the number of requests for determinations of immigration ... will divert resources from the federal government's other responsibilities and priorities." Or as National Review1 put it, "she accepts Justice's implicit argument that it's not the letter of the federal law that matters, but what parts of the law the executive decides to enforce."

National Review concludes:

The bottom line is that Arizona wants to enforce the law against illegal aliens. It wants them to be cognizant of the fact that the state is serious about the law, and therefore to conclude that it's best to leave or not come in the first place. Arizona did not deem these people illegal aliens. The federal government did, in laws passed by Congress and signed by the president of the United States. Arizona thinks those laws mean something. If the Justice Department's suit -- and Judge Bolton's line of argument -- prevails, then we'll know that they don't. The real law of the land will be our current, de facto amnesty, imposed by executive whim. For the administration, the bottom line isn't the law, but getting voters from the Hispanic bloc. With the help of their Leftmedia minions, they are succeeding. Meanwhile, America's immigration system remains broken and in desperate need of repair -- preferably by those who value and uphold the Rule of Law.

News From the Swamp: Rangel Cuts a Deal (or Not) Corrupt 20-term Rep. Charles Rangel (D-NY) has yet to admit to a series of serious ethical violations, thereby setting the stage for a rare and highly embarrassing public trial this fall, just before the mid-term elections. Rangel's lawyers appear to be working behind the scenes to arrange a sort of plea bargain, though, and his fellow Democrats are begging him to do so, thereby sparing them the additional electoral hardship that a trial would bring. As if the Demo "brand" weren't already damaged goods.

The House ethics committee, which must approve any deal, charged Rangel with 13 counts of breaking House rules, including granting official favors in exchange for money, taking trips to the Caribbean using corporate funds, failing to report income from rental property in the Dominican Republic and misusing rent-controlled apartments in New York City. "Even though there are serious charges," Rangel said, "I am prepared to prove that the only thing I've ever had in my 50 years of public service is service. That's what I've done. And if I've been overzealous in providing that service, I can't make an excuse for the serious violation but I can have an explanation of my intent." Oh, well then never mind.

For her part, hypocritical House Speaker Nancy Pelosi (D-CA) says that her 2006 pledge to "drain the swamp" didn't include getting rid of corrupt Democrats like Rangel, who until recently chaired the powerful House Ways and Means Committee. (Ways and Means, among its other duties, writes the nation's tax laws -- laws which apparently apply to everyone except their author.) "The swamp was described as a criminal syndicate operating out of the Republican leader's office," Pelosi said, referring to former Majority Leader Tom Delay. "This was a terrible place," she added. "We made a tremendous difference, and I take great pride in that." The more things change...