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03
Aug 2010
States rethink illegal immigrant bills after Arizona ruling
Tea Party activist Allison Culver shouts at opponents during a demonstration against illegal immigration this weekend in Phoenix.

Tea Party activist Allison Culver shouts at opponents during a demonstration against illegal immigration this weekend in Phoenix. (John Moore, Getty Images)

Legislators who wanted to bring an Arizona-style immigration law to their own states are changing course after a federal judge temporarily halted the core of Arizona's law.

U.S. District Judge Susan Bolton ruled last week that key portions of the law could not go into effect, prompting an immediate appeal from Republican Gov. Jan Brewer that could end up before the Supreme Court.

Courtney Combs, a Republican state representative in Ohio, was planning to file a nearly identical bill this week but says he will remove the parts Bolton blocked to avert the possibility of a lawsuit.

Filing an Arizona-style bill "would be wasting taxpayers' money," Combs says. "I think we need to make sure that we comply with what the federal courts come up with."

Arizona's law, known as S.B. 1070, would have required police to question the immigration status of anyone stopped for another suspected offense if there was a "reasonable suspicion" the person was in the country illegally. Bolton issued a temporary injunction to halt enforcement of that section of the law, but she allowed others, including bans on harboring illegal immigrants and hiring day laborers from vehicles, to take effect Thursday.

Robert Geddes, the Idaho state Senate's highest-ranking Republican, says his colleagues had planned to file an S.B. 1070 replica but are making changes.

"I don't know that we would cut and paste exactly what Arizona has, based on what the judge has already ruled," Geddes says. "That doesn't help us much to engage in the same battle that Arizona has lost."

Minnesota state Rep. Steve Drazkowski, a Republican, says any law with the provisions Bolton blocked would have a hard time passing. "The political palatability of such a bill would be greatly diminished," he says.

Texas state Rep. Debbie Riddle, a Republican, plans to continue pushing for an Arizona-style law because it remains too easy to cross the southwestern border. She worries that it exposes the country to terrorists and violent gang activity.

"The first priority of any elected official should be to make sure that the safety and security of the citizens is well-established," Riddle says.

Mark Krikorian of the Center for Immigration Studies, which backed the Arizona law, says a few states might go forward with the core components of S.B. 1070 to see if other judges rule differently.

"There may be some states that figure, 'What the heck, Arizona was the first responder and has done well, and the governor has done well politically,' " he says, but, "most states are going to want to stand back and let Arizona do the heavy lifting."

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