Thread: Arizona Gov. Brewer's case against feds dismissed

Arizona Gov. Brewer's case against feds dismissed

by Associated Press (October 21st, 2011 @ 4:50pm)

PHOENIX - A federal judge Friday dismissed Arizona Gov. Jan Brewer's lawsuit that accused the Obama administration of failing to enforce immigration laws or maintain control of her state's border with Mexico.

The dismissal by U.S. District Judge Susan Bolton comes in a counter-lawsuit filed by Brewer as part of the Justice Department's challenge to Arizona's controversial immigration enforcement law.

The Republican governor was seeking a court order that would require the federal government to take extra steps, such as more border fencing, to protect Arizona until the border is controlled.

Bolton said Brewer's claim that Washington has failed to protect Arizona from an ``invasion'' of illegal immigrants was a political question that isn't appropriate for the court to decide.

The judge also barred some of Brewer's claims because the issues were dealt with in a 1994 case by Arizona and can't be litigated again. Court precedent also requires the dismissal of some claims, Bolton wrote.

``While Arizona may disagree with the established enforcement priorities, Arizona's allegations do not give rise to a claim that the counter-defendants (the federal government) have abdicated their statutory responsibilities,'' Bolton wrote.

Brewer said in a written statement that she wasn't surprised by Bolton's ruling.

``It is but the latest chapter in a story that Arizonans know all too well: The federal government ignores its constitutional and statutory duty to secure the border. Federal courts avert their eyes. American citizens pay the price,'' Brewer said.

The Department of Justice issued a one-sentence statement saying it was pleased by Bolton's decision.

The DOJ sued the state of Arizona last year in a bid to invalidate Arizona's immigration enforcement law. Bolton put key parts of the law on hold, such as a provision requiring police, while enforcing other laws, to question a person's immigration status if officers had ``reasonable suspicion'' the person was in the country illegally.

Brewer has asked the U.S. Supreme Court to hear her appeal of Bolton's ruling.

Brewer's attorneys had argued that her lawsuit was necessary to help bring relief to Arizona from the burdens of being a busy illegal entry point into the country.

The governor's lawsuit didn't seek a lump-sum award, but rather asked for policy changes in the way the federal government reimburses states for the costs of jailing illegal immigrants who are convicted of state crimes. Such changes would have given the state more money.

Justice Department lawyers, who asked the judge to throw out the lawsuit, argued successfully that federal court isn't the right place to consider the political questions raised by Brewer.

The judge also agreed with their contention that several claims by the governor should be thrown out because a court rejected similar legal claims in a 1994 case brought by Arizona, and an appeals court decision prohibits Brewer from moving forward with her case.

http://ktar.com/6/1463772/Gov-Brewers-c ... -dismissed

Judge: Arizona can't sue feds over border security

October 21, 2011 6:15 PM


BY HOWARD FISCHER - CAPITOL MEDIA SERVICES



PHOENIX — Arizona has no legal right to sue the federal government for failing to secure the border, a federal judge ruled Friday.

Judge Susan Bolton acknowledged that federal law directs the Department of Homeland Security to achieve “operational controlâ€

Statement from Governor Brewer regarding State of Arizona's suit against federal government

by Associated Press (October 21st, 2011 @ 4:05pm)

Comments:1


A statement from Arizona Governor Jan Brewer on the judges decision to dismiss Arizona's suit against the federal government.

"Today's U.S. District Court decision to dismiss Arizona's suit against the federal government is frustrating but not entirely surprising. It is but the latest chapter in a story that Arizonans know all too well: the federal government ignores its Constitutional and statutory duty to secure the border. Federal courts avert their eyes. American citizens pay the price.

"Remember that Arizona did not choose this fight. Our counterclaim followed the federal government's almost unprecedented decision to sue the state over SB 1070. Despite today's decision, the core of Arizona's counterclaim holds true: the federal government has failed in its Constitutional and statutory duty to secure the border, failed to protect the State of Arizona against the harms of illegal immigration, been negligent in reimbursing the state for its costs to incarcerate illegal aliens and pre-empted the state from protecting the health and welfare of its citizens.

"Interestingly, neither the federal government nor the federal court dispute that the people of Arizona have been injured as a result of the rampant illegal immigration that our nation has allowed to occur. Instead, the court says this is a political matter beyond its oversight. When it comes to illegal immigration, however, the political process has been an unmitigated failure for decades. Arizonans deserve better.

"This decision makes it even more critical that the U.S. Supreme Court hear our defense of SB 1070. If the courts won't hold the federal government accountable - as today's decision makes clear - then states like Arizona need clarity in terms of the authority they have to combat illegal immigration."

http://ktar.com

Added an article from above to the Homepage:
http://www.alipac.us/article-6695--0-0.html

Bolton: You were picked by Bill Clinton; therefore, you will always help the democrats and your illegal aliens. The feds do not do anything about illegal immigration. Therefore, states must act. If you do not want to help states, Bolton, get out of the way and resign. We do not want illegal aliens in this country. And people like you Bolton, are not helping in this department. YOU MUST RESIGN BOLTON IF YOU DO NOT WANT TO HELP AMERICANS.

Its time we put a president in who will replace these illegal pandering black robes and put some people in there place who have a set and are willing to do the right thing in allowing tougher immigration laws. The feds lead by the narcistic buffoon in the whitehouse have clearly set a path ignoring the law and of allowing the USA to be invaded. Its time we tell the Feds to go pound sand and take up the battle state by state.