“Preserving the status quo through a preliminary injunction is less harmful than allowing state laws that are likely preempted by federal law to be enforced,” ruled United States District Judge Susan Bolton.
“There is a substantial likelihood that officers will wrongfully arrest legal residents aliens,” she wrote. “By enforcing this statue, Arizona would impose a ‘distinct, unusual and extradorinaiy’ burden on legal resident aliens that only the federal government has the authority to impose.”
Ms. Brewer was traveling on vacation but was preparing a comment of her own.
The ruling comes four days before 1,200 National Guard troops are expect to report to the Southwest border to help curb growing anxiety over immigration that has fed support for the law.
“Why can’t Arizona be as inhospitable as they wish to people who have entered or remained in the United States?” asked Ms. Bolton during a court hearing.
“It is not for one of our states to be inhospitable in the way this statue does,” replied Deputy Solicitor General Edwin S. Kneedler, who is representing the federal government.
