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Bloggings on Deportation and Removal

by Matthew Kolken

Federal Judge to Rule on Constitutionality of Utah's Immigration Law

The Associated Press reports that U.S. District Court Judge Clark Waddoups has scheduled arguments today (Friday) to determine the constitutionality of Utah's immigration enforcement law that was signed by Utah Gov. Gary Herbert last March.

The law requires police officers to verify the immigration status of individuals arrested in Utah for serious crimes.  The law includes a discretionary component relating to individual determinations of whether or not police will investigate the immigration status of individuals charged with non-serious crimes.

The Obama administration has challenged the law arguing it is unconstitutional because it usurps federal authority and violates civil rights.  The State of Utah argues that it is constitutional because there are limitations on who the police may investigate for potential immigration violations.

Judge Waddoups must decide whether to issue a permanent injunction. The Judge order a temporary injunction in May 2011.

Click here for the source of this story.



About The Author

Matthew Kolken is a trial lawyer with experience in all aspects of United States Immigration Law including Immigration Courts throughout the United States, and appellate practice before the Board of Immigration Appeals, the U.S. District Courts, and U.S. Courts of Appeals. He is admitted to practice in the courts of the State of New York , the United States District Court for the Western District of New York, the United States Court of Appeals for the Second Circuit, and is a member of the American Immigration Lawyers Association (AILA).

The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.