Judge Susan Bolton’s injunction to block some of the most repugnant parts of Arizona Law SB 1070 is a great step, but it is only temporary.  It does, at least, show a strong leaning toward the federal government’s position against the law.  Unfortunately, the injunction does not provide any good news for day laborers.

The language in the injunction shows a strong commitment to the concept of federal preemption, that is, that a state cannot do this business meant for the federal government (federal immigration law trumps state law).  But more importantly, the language implies a rejection of the argument that most proponents of the law have been repeating ad nauseum: that the Arizona Law only restates federal law and adds nothing new.
Judge Bolton clearly takes the public policy and civil rights implications seriously–above and beyond preemption doctrine.  According to the New York Times, Bolton wrote “There is a substantial likelihood that officers will wrongfully arrest legal resident aliens. By enforcing this statute, Arizona would impose,” she said, citing a previous Supreme Court case, a “ ‘distinct, unusual and extraordinary’ burden on legal resident aliens that only the federal government has the authority to impose.”

We all know that Chicanos, and other Latino citizens might also be affected.  We all know somebody who never managed to talk like a gringo (yeah, I know that speaking English well does not equal “gringo,” but people who grew up in my hood know exactly what I mean!).  Heck, even the anti-immigrant Chicanos often have a very slight Spanish ring to their English (ahhh, the irony of it all).  Whether in Phoenix, LA, Chicago, or El Paso–that ring is quite universal.  Is that reasonable suspicion?

In any case the most horrendous parts, except for one section on day labor, are stalled for now.  The day labor provision is a tough one to assess.  While I personally helped pass Chicago’s day laborer ordinance which provides substantial protections to workers, as a frequent customer of Home Depot, I do think that the way workers mob cars in the parking lot and even on the street, often blocking traffic is a potential safety problem.  Criminalizing the activity is de trop , but it is definitely a real issue.  Perhaps Arizona needs to create safe worker spaces while also prohibiting such unsafe situations.  Day laborers are part of the economy like it or not.  They are in your Home Depot parking lot because citizens hire them, period.  Much like the faceless immigrants targeted in the rest of SB1070, these workers are just like you and me.  They are trying to put food on the table.  They are trying to perform a function in society–a function many of us want.  Criminalizing them will do nothing for the rest of us except bring further ruin to the economy.

En hora buena…