Yesterday, U.S. District Judge Susan Bolton preliminarily struck down key provisions in Arizona's infamous SB 1070 law and ruled that states cannot preempt federal law. While important, this is a victory that rings hollow for me and all those who care about the true reform of our immigration system. In many ways, the damage to neighborhoods and communities had already been done, as people did not wait to see how the law would affect them. Many mixed-status families pulled their children out of school and moved out of state, closing stores and restaurants and leaving many immigrant neighborhoods like ghost towns. This did not just affect undocumented immigrants but all those whose status might be called into question -- including citizens, permanent legal residents, and temporary visa holders.
The court's preliminary decision is only the beginning of the litigation process, which will unfold in the coming months. Yesterday's ruling, however, is a necessary first step in affirming the principle that it is the federal government's responsibility to set immigration policy and to enforce that policy. It affirms that even if the federal system is failing, states do not have the authority to set or enforce their own policies.
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