PHOENIX - The Court of appeal of the United States for the Ninth Circuit ruled against the State of Arizona Monday and let stand a lower court decision blocking the most contentious parts of immigration law of the State to go into force.
The decision calling the unconstitutional provisions was a victory for the administration of Obama, who argued that the amended Act with the authority of the Federal Government on immigration. Two judges ruled against Arizona, and a dissenting in part on their part.
Last July, a few days before the Act was to take effect, federal judge Susan Bolton of Court of District issued an order blocking the parties thereof. Governor Jan Brewer, a Republican who takes in charge the repression against immigrants, filed an appeal seeking the injunction lifted.
After the Appeals Court rejected the request of the State Monday and has published a lengthy decision indicating that he believed that the State had exceeded its powers, State Senator Russell k. Pearce, a Republican who is the main sponsor of the lawremained defiant, saying that the issue would be decided by the Supreme Court.
"This battle is a battle of epic proportions", Mr. Pearce said in a statement suggesting that he was not surprised by the decision. "It is subject to law of the State to enforce the laws of this country and protect its citizens against those who violate our laws."
Ms. Brewer and the Arizona Attorney General, Tom Horne, also promised to keep fighting for the right. "I think that the Ninth Circuit decision will be overturned by the United States, the Supreme Court and I undertake to make all possible efforts to achieve this result", said Mr. Horne.
Critics of the Act, who have held demonstrations and commenced trial to invalidate it, were delighted with the decision.
"One of the reasons for which we have a judicial system is so that the crowd does, so that when Parliament oversteps its bounds there is someone to stop them, said Omar Jadwat A.C.L.U. immigrants ' Rights Project.".
It was not immediately clear, how the State would take place. Could appeal the decision to the full Ninth Circuit, or he might immediately appeal to the Supreme Court. The State could also stop to call and return to the Court of Federal District in Phoenix, where j. Bolton continues to oversee challenges to the Act.
"In upholding the decision of the judge Bolton, the Ninth Circuit has reported, with a strong, clear voice, effort of Arizona to regulate the immigration law and policy directly violates the Constitution and will not be maintained, said David Leopold.President of the American Immigration Lawyers Association.
The decision will be closely monitored in several States considering similar laws that are specific to them. The Senate of the Georgia has been set to discuss the issue Monday, and an another Bill appeared on the move in Alabama.
Other States, including Mississippi and Kansas, watered down or abandoned bills difficult to avoid disputes and protests facing Arizona. After the lawmakers in Utah found that administration of Arizona challenge was likely to prevail, they took a different tack. They voted for a milder law of application project, but has also voted to create a program of invited illegal immigrant workers.
Backers of the law of Arizona said they were satisfied with disagreements among the judges of the Court of appeal. Judge Carlos Bea issued a partial dissent in which he criticized the majority argument by quoting Lewis Carroll "Alice in Wonderland country."
The Act would have required the police to question people about their immigration status if they had been arrested for other issues, and the officers found a reasonable suspicion that they were illegal immigrants. Critics said that is an invitation to racial profiling.
Also in dispute were provisions requiring immigrants carrying their papers and making this a violation of illegal immigrants to work or look for work.
Julia Preston contributed reports of Princeton, N.J.
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