Judge: Public Has No Idea What Its Interests Are [UPDATEDx4]

A judge on Wednesday blocked the most controversial parts of Arizona’s new immigration law due to come into force Thursday.

U.S. District Judge Susan Bolton blocked sections that allow police to determine the immigration status under certain circumstances and also blocked a portion that makes it a crime for persons failing to carry immigration papers.

“Requiring Arizona law enforcement officials and agencies to determine the immigration status of every person who is arrested burdens lawfully-present aliens because their liberty will be restricted while their status is checked,” said Bolton.

“The Court by no means disregards Arizona’s interests in controlling illegal immigration and addressing the concurrent problems with crime including the trafficking of humans, drugs, guns, and money,” the ruling said.

“Even though Arizona’s interests may be consistent with those of the federal government, it is not in the public interest for Arizona to enforce preempted laws,” Bolton’s ruling added.

Bullshit. There seems also to be substantial slippage between “require and “allow,” if I may say so, Your Honor.

I’ll tell you what: how about reciprocal agreements with other countries to allow our citizens to go without papers there? Any takers?

UPDATE: Core of argument is that second sentence of one section need not be read in light of first sentence, so as Chief Grammarian I strike this provision down. Any increased detention time will be an undue burden on the law-abiders, even if it means they pay for services to illegals, which is apparently not a burden. NB: The people who are arguing this are the same ones who are pushing for Biometric ID after blanket amnesty, and for taking DNA samples of anyone arrested, be they charged or not.

I presume that there are cases in the law books dealing with precedent regarding what is a burden. It’s a burden for me to pay my taxes. It’s a burden for me to go to the DMV, get an inspection, wear a helmet, do without salt, do my friggin’ job. Whatever. The Nanny State can always justify its burdens. Screw ‘em.

You know, if you want to hold your own citizenship cheap, that’s fine. But when you start holding others’ cheap, including those who’ve immigrated legally, then I’ve got a problem with you.

UPDATEx2: A more lawyerly deconstruction from Heather Mac Donald via La Malkin.

UPDATEx3: Also from Michelle, fingerprinting, ID registration no “burden” for mortgage brokers.

And . . .

UPDATEx4: More proof Fannie Mae hasn’t a clue.