Arizona Governor Jan Brewer

U.S. District Judge Susan Bolton blocked the provision of the law that could have resulted in the arrest of legal immigrants, and granted a preliminary injunction that prevents police from questioning people about their immigration status.

The provision that has been the real source of the controversy related to the bill requires police to “make a reasonable attempt” to determine the immigration status of a person stopped, detained or arrested if the officer has a “reasonable suspicion” that the person is in the U.S. illegally.

Judge Bolton also blocked provisions in the law that made it a crime for an immigrant not to carry alien registration papers, and one that authorized the arrest of individuals if there is sufficient reason to believe they might be subject to deportation.

The law targets employers who hire illegal immigrants or transport them to the jobs they offer them.

Last month, the federal government filed a lawsuit against the state of Arizona for passing a law (signed by Brewer last April) which, the lawsuit claimed, interfered with federal law that has responsibility for national immigration policies.

The lawsuit was before the federal court in Phoenix, Arizona presided over by Judge Bolton. Her ruling was eagerly anticipated by both the Arizona government and opponents of the law. The ruling was announced some 12 hours before the law was due to be enforced.

Aside from the federal government, six lawsuits had been filed to block the entire law.

Judge Bolton’s ruling is almost certain to advance to the higher courts in the land, and could take months to be resolved. Gov. Brewer said the state would most likely appeal the ruling, which means it will go to a federal Court of Appeals, and subsequently to the U.S. Supreme Court for a final decision. Although the appeal could be taken up by the Court of Appeals in a matter of days, it may not be before November that the Supreme Court could even begin looking at the case. The court is now on summer recess and already has cases to review when it resumes sitting in October.

Ironically, the ruling offers some satisfaction to those on both sides of the law. Although opponents of the law did not succeed in blocking the implementation of the full law, the more problematic provision will not be implemented, making the law less potent. The supporters of the law have, although watered down, an immigration law in place, and the law still makes it illegal for undocumented workers (mainly day workers) to solicit employment in public places.

President Barack Obama, a critic of the Arizona law, did not comment on Wednesday’s ruling.

Retired constitutional lawyer Melvin Bartholomew of Fort Pierce said, “I don’t expect the president to be celebrating Judge Bolton’s ruling. He has to be cautious. The ruling could be reversed by the Court of Appeals, or the Supreme Court. This may be a victory of sorts, but Obama’s legal team still has work to do.”

The U.S. Justice Department in a statement said the Arizona court “ruled correctly… States can and do play a role in cooperating with the federal government in its enforcement of the immigration laws, but they must do so within our constitutional framework.”

The Department of Homeland Security statement said the ruling affirms the federal government's responsibilities in enforcing the nation's immigration laws.