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

Published: Feb 17, 2012 8:45 am

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 ordered a temporary injunction in May 2011.

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