Bilbray gathers support for Arizona immigration law

Lawmaker plans to file brief criticizing Obama lawsuit against state

By EDWARD SIFUENTES - esifuentes@nctimes.com
July 16, 2010 7:39 pm

Rep. Brian Bilbray, R-Solana Beach, said Friday that he and a group of lawmakers plan to file a court brief in opposition to the Obama administration's legal challenge of Arizona's controversial new immigration law.

Bilbray, who leads the GOP-dominated Immigration Reform Caucus, said the group will file an amicus brief, also known as a friend-of-the-court brief, calling the federal government's lawsuit "frivolous."

"This lawsuit highlights the fact that the federal government has failed to enforce our immigration laws," Bilbray said. "The White House continues to hold our nation hostage by ignoring bipartisan support for common-sense legislation."

The immigration law, known as SB 1070, would require authorities to check the immigration status of those stopped or arrested, if police suspect they're in the U.S. illegally and if it's feasible to do so.

The Justice Department filed a lawsuit earlier this month to block the Arizona law, which would go into effect July 29, arguing that the law interferes with federal authority on immigration.

U.S. District Court Judge Susan Bolton in Phoenix heard oral arguments Thursday on one of the seven lawsuits challenging the constitutionality of the law. Bolton is expected to hear arguments on several of the cases next week, including the one brought by the Obama administration.

Bilbray said Friday the Immigration Reform Caucus will file a brief next week to support Arizona's right to enforce its law. He added the law does not pre-empt federal immigration laws; it only seeks to enforce them.

Critics of the Arizona law disagreed and said Bilbray's move was to be expected.

"It comes as no surprise," said Pedro Rios, San Diego director of the human rights group American Friends Service Committee. "Brian Bilbray has always pushed for anti-immigrant legislation at the local, state and federal level."

Rios said he disagreed with Bilbray's claim that the federal government failed to enforce immigration laws. He and other immigrant rights advocates say the federal government is spending more than ever on immigration enforcement.

Arizona overstepped its authority by passing the immigration law, said David Blair-Loy, legal director of the American Civil Liberties Union of San Diego and Imperial Counties.

"Whether you think the federal government is doing its job or not is beside the point," Blair-Loy said. "The state of Arizona trespassed into the legal prerogative of the federal government. ... Arizona doesn't get to play in the immigration sandbox."

Call staff writer Edward Sifuentes at 760-740-3511.

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