A panel of the 9th U.S. Circuit Court of Appeals, ruling in a lawsuit filed by the U.S. Justice Department, said the statute interfered with the federal government’s authority to make and enforce immigration law.
The court upheld a preliminary injunction issued by a federal trial judge in Phoenix against the four sections of the law, which was enacted last year.
One section that was blocked is a requirement that state and local police in Arizona must determine the immigration status of people whom they arrest or stop for other reasons.
Circuit Judge Richard Paez wrote that the provision has the result of “turning Arizona officers into state-directed Department of Homeland Security agents.”
Another provision that was blocked was a section making it a crime for noncitizens to fail to carry immigration documents with them.
A three-judge panel of the appeals court unanimously agreed on blocking two of the provisions and ruled 2-1 in favor of suspending the other two provisions.
The court majority also said the Arizona law had a harmful effect on U.S. foreign policy.
Unless appealed further, the lower court injunction will now remain in effect until a trial on the Justice Department’s challenge to the entire law.
A spokesman for Arizona Gov. Jan Brewer had no immediate comment on whether the state will appeal to the U.S. Supreme Court.
Brewer said last year the law was passed in response to an ongoing crisis of illegal immigration into Arizona.
Julia Cheever, Bay City News