Thread: Arizona immigration law: Court refuses to lift stay

Arizona immigration law: Court refuses to lift stay

by Alia Beard Rau and Michael Kiefer - Apr. 11, 2011 01:35 PM
The Arizona Republic

The U.S. Court of Appeals for the 9th Circuit has ruled that a lower federal court judge was right in her decision to halt parts of Senate Bill 1070 from going into effect last year.

The ruling comes almost a year after Gov. Jan Brewer signed the nation's toughest immigration law into effect and five months after the appeals court was asked to consider overturning the injunction issued by U.S. District Court Judge Susan Bolton in the lawsuit filed by the U.S. Department of Justice.

The original lawsuit challenges the constitutionality of SB 1070, arguing that immigration regulation is the jurisdiction of the federal government and not the state.

Bolton's ruling halted four of the more than a dozen parts of the law from going into effect:

• The portion of the law that requires an officer make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested if there's reasonable suspicion they're in the country illegally.

• The portion that creates a crime of failure to apply for or carry "alien-registration papers."

• The portion that allows for a warrantless arrest of a person where there is probable cause to believe they have committed a public offense that makes them removable from the United States.

• The portion that makes it a crime for illegal immigrants to solicit, apply for or perform work.

There are three parts to that part of the law. Two of them went go into effect, one of them did not.

The 9th Circuit agreed that all four of those portions of the law should be halted from going into effect.

"The question before us is not, as Arizona has portrayed, whether state and local law enforcement officials can apply the statute in a constitutional way," the court ruling reads. "There can be no constitutional application of a statute that, on its face, conflicts with Congressional intent and there fore is preempted by the Supremacy Clause."

The U.S. Department of Justice's only comment on the ruling was that they were "pleased with the court's decision."

The Governor's Office has not responded to a request for comment.

Defendants of SB 1070 said the fight is far from over. They can now ask the 9th Circuit to revisit the issue en banc, which is by a larger panel of judges. Or they can try to go straight to the U.S. Supreme Court.

Both the state and bill sponsor Sen. Russell Pearce, R-Mesa, who was recently granted a request to be named as a defendant representing the entire state Legislature in the lawsuit, said they will ask the Supreme Court to review the ruling.

"I'm pledged to work as hard as I can to bring the case to the U.S Supreme Court and win it there," Arizona Attorney General Tom Horne said.

Horne focused on certain points made by Judge Carlos T. Bea, the lone dissenter of some part of the ruling. Horne said that asking police to consult with federal immigration officials is "no burden; It's an easy thing to carry out." He said they already are required by federal statute to respond to inquiries regarding immigration.

As for the section of the law that makes it a state crime not to carry identification showing immigration status, Horne said, "The federal government can't be pre-empted from enforcing a law that's identical to federal law."

Pearce said he was not surprised to see such a ruling from what he calls "the most liberal court in the nation."

"They have a history of supporting law breakers over lawmakers," he said. "We'll move on the Supreme Court where we'll have much better success."

Pearce declined to go so far as to criticize attorney John Bouma, who was hired by Brewer to represent the state and who argued the case before the 9th circuit.

"But that was one of the reasons I wanted to be at the table," he said. "Being the author of this and being involved in this issue for 25 years, there are some arguments that I thought should have been made. This is about states' rights."

Omar Jadwat, an attorney representing the American Civil Liberties Union in another SB 1070 case, called the ruling a "strong affirmation of the injunction."

"It should send a strong message that SB 1070 is unconstitutional - at least those parts of it - and it should send a strong message to other states thinking of this kind of legislation," he said.
About two dozen states this year considered immigration measures similar to that of SB 1070. Most have failed; five state legislatures are still debating the issue.

Immigrant-rights activist Salvador Reza called the ruling a bittersweet victory. He said he won't rest until the Legislature overturns SB 1070. He said they are planning a large rally at the Capitol on April 23, the anniversary of the signing of the law.

Sen. Steve Gallardo, D-Phoenix, said he has draft legislation written that proposes to overturn the law, but was waiting to propose it until the court ruled. He said if an opportunity arises, he will propose it as an amendment to an existing bill this session.

"It's time for members of this Legislature to recognize that we no longer need SB 1070," Gallardo said. "It has put a black cloud over the state of Arizona like no other piece of legislation."

The appeals court ruling does not impact the underlying case, which is still moving forward under Bolton.

http://www.azcentral.com/news/election/ ... -stay.html

READ the Decision from the NINTH Circuit Court of Appeals

http://www.azcentral.com/ic/pdf/0411ruling.pdf

Related Thread: Court rules against Arizona immigration law.


http://www.alipac.us/ftopicp-1211311.html#1211311

The portion that creates a crime of failure to apply for or carry "alien-registration papers."

I have never left home, without a form of ID and driver's license on my person and I do not know of any other people that goes out in public without Id's and proof of citizenship. It should be required in all States for safety of citizens and the Country.

Sure we all predicted this decision coming from the 9th circuit of
KANGAROO'S.
Just gives the Liberal and Rino's in the legislatures an excuse to NOT to pass more common sense laws in other states. That is the real loss. For the State of Arizona and America.
More illegal aliens in Arizona know of this decision than Arizona/American
citizens.
Everyday things get a bit worse as our law enforcements hands are tied.
Everyday, every hour, every minute, the criminals get a break it costs us lives and money.
Laws are pick and choose according to the federal courts. Obviously!
But only to the benefit of the chosen ones. And not One Nation Under God.

Reaction pours in to appeals court ruling on SB1070
Posted: Apr 11, 2011 6:19 PM CDT Updated: Apr 11, 2011 7:22 PM CDT

Web Producer: David Rush

PHOENIX (KGUN-TV) - Arizona governor Jan Brewer promised to keep the fight going against the federal government over SB1070, the state's controversial crackdown on illegal immigration.

Monday morning the U.S. 9th Circuit Court of Appeals refused to overturn an injunction barring key provisions of the law. Including the provision which would have required police to verify the immigration status of any suspect prior to that person's release.

U.S. District Court Judge Susan Bolton ordered the injunction pending a full trial. Governor Brewer filed to have that injunction overturned.

In a joint statement with Attorney General Tom Horne, Brewer called Monday's ruling dangerous to Arizonans. "I remain steadfast in my belief that Arizona and other states have a sovereign right and obligation to protect their citizens and enforce immigration law in accordance with federal statute," said Governor Jan Brewer. "Monday's decision...does harm to the safety and well-being of Arizonans who suffer the negative effects of illegal immigration."

Attorney General Horne noted that these sections of SB 1070 either mirror federal law or comport with earlier Ninth Circuit Court decisions. Horne stated: "I believe the Ninth Circuit decision will be overturned by the United States Supreme Court, and I pledge to make every possible effort to achieve that result."

On the other side of the issue, the civil rights group MALDEF welcomed Monday's ruling. ""The Ninth Circuit decision stands as a strong warning to any state that is still considering enacting its own unconstitutional regulation of immigration by replicating or expanding upon Arizona's ill-fated SB 1070," said Thomas A. Saenz, President and General Counsel, MALDEF. He added, "Such legislation will only invite costly litigation that will inevitably result in the unconstitutional laws being struck down."

The Anti Defamation League also applauded the appeals court's ruling. The group released a statement saying in part: ADL is gratified by the decision which recognizes that key provisions of Arizona's anti-immigrant law are unconstitutional. The court correctly concluded that these provisions are preempted by federal law and would have a "detrimental effect on foreign affairs."

The national latino group Somos Republicans is calling on Governor Brewer to, "show leadership to end the expensive litigation that is costing the State of Arizona millions and millions of dollars to defend."

The group stated, "SB 1070 has caused the State of Arizona economic damage and business leaders have spoken against these restrictionist laws that do not foster pro business and pro growth ideas."

http://www.kgun9.com/global/story.asp?s=14425736

Arizona Immigration Law: Enforcement Blocked by Circuit Court

Controversial Law Is One of Toughest in the Nation; Headed for Supreme Court?

http://abcnews.go.com/Politics/arizona- ... d=13350124