The U.S. Department of Justice's lawsuit against the State of Arizona for its enactment of the controversial state law "SB 1070" continues with briefs due in the next several weeks. However, the most-debated portions of the law were enjoined from going into effect on July 29, 2010, when Judge Bolton of the U.S. District Court in Arizona granted the federal government's motion for a preliminary injunction. The judge held that certain sections of the law were likely to be found unconstitutional and subject to preemption by federal law, and that the interests of the United States would likely suffer "irreparable harm" if the injunction were not granted. Specifically, Judge Bolton's decision stopped the enforcement of the provisions of SB 1070 that:

  • Require a law-enforcement officer to make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested if there is a reasonable suspicion that the person is unlawfully present in the United States, and to verify the person's immigration status prior to release;
  • Criminalize the failure to apply for or carry alien registration papers;
  • Make it a crime for an undocumented alien to solicit, apply for or perform work in Arizona;
  • Authorize the warrantless arrest of a person where there is probable cause to believe that the individual has committed a crime or offense that makes him or her removable from the United States.