9th Circuit Won't Ask You For Your Papers

The 9th Circuit Monday upheld the action by an Arizona district court blocking parts of Arizona’s controversial immigration law from going into effect.  The law, which would have allowed law enforcement to question people about their immigration status based on a “reasonable suspicion” that they are in the country illegally, was previously barred pending a challenge to the law’s constitutionality by the Obama Justice Department.

Though this decision only upholds the decision preventing the law from taking effect, the majority opinion from Judge Richard A. Paez signaled strongly that the law may be preempted by federal law relating to immigration.  A concurring opinion by Judge John T. Noonan called the law “a chilling foretaste of what other states might attempt.”  The 9th Circuit, which has a majority of Democratic appointed judges, is expected to strike the law down when the full challenge comes before the court.

Arizona has become the forefront of the debate between the Obama administration and states that claim the federal government is not doing enough to enforce existing immigration law.  The ruling by District Judge Susan R. Bolton that the court upheld blocked provisions in the law that would allow for warrantless arrests of suspected illegal immigrants and would criminalize the failure of immigrants to carry registration papers.

Written by

Noah Kaplan is the Senior Executive Editor for Online Content. He is a 3L at Harvard Law School focusing on constitutional law and criminal procedure. He has interned at the Boston United States Attorney's Office and the Colorado Attorney's General's Office. Before law school, Noah taught 4th grade as a Teach for America corps member in Phoenix, Arizona.

Latest comments

    The 9th circuit court is in the Sanctuary city of San Francisco which is an appeals court hated by patriotic Americans. It is overrun by activist judges (Liberal Progressives) has blocked major sections of the strict Arizona illegal immigration law. Perhaps now the financially hurting State of Arizona can fast track their grievances to the highest court of the land. Illegal Immigration is not a victim less crime, as it stealing jobs from low wage Americans and routing huge profits to criminal businesses. We need to stop the millions of illegal migrant and immigrant leeches draining our dollars. Even our school system is overcrowded with foreign nationals, demanding for even more bilingual teachers. Throw out all the pro-illegal immigrant politicians, Governors, Mayors, Police Chiefs and councilors and city managers in the streets. Don’t let the Liberals in our administration sidetrack it, as they did with proposition 187 in California. It seems like only the growing millions in the TEA PARTY understands that America is heading for insolvency, thanks to the Liberal progressives. The TEA PARTY is waiting for your membership to stop these travesties of the “Rule of Law.” and press Congress from borrowing more money from Communist China and other investors, to pay the interest on the 14 Trillion dollar debt.

  • @Noah…your democratic roots are showing dear…and I think the American public is pretty tired of it.

  • Wow – you really brought the Tea Party out with this one son!

  • why are only feds allowed to racially profile and arrest illegal immigrants who are suspected of being in the country illegally are state and local police to stupid to help or is it because the feds really don’t want to inforce the law after all airzonia wants to do is help the feds