Thread: Brewer asks court to hear immigration law appeal

Associated Press

Brewer asks court to hear immigration law appeal

By JACQUES BILLEAUD , 08.10.11, 08:17 PM EDT

PHOENIX -- Arizona Gov. Jan Brewer filed an appeal Wednesday with the U.S. Supreme Court to overturn a ruling that put on hold key parts of the state's immigration enforcement law.

The appeal comes as Brewer faced a deadline for contesting a district court's decision that, among other things, barred a requirement that police - while enforcing other laws - question the immigration status of those they suspected of being in the country illegally.

Brewer lost her first appeal in April when a three-judge panel of the 9th Circuit Court of Appeals rejected her request to overturn the decision. The nation's highest court has discretion on whether to hear her appeal. It will likely be three months before the Supreme Court decides whether to hear arguments in the case.

Lawyers for the governor argued that Arizona bears the brunt of America's border problems and that the 9th Circuit's decision conflicts with Supreme Court precedents and with immigration decisions from another appeals court. The 9th Circuit had said the federal government is likely to be able to prove the law is unconstitutional and likely to succeed in its argument that Congress has given the federal government sole authority to enforce immigration laws.

The governor said in a written statement that her appeal raises issues that apply to other states. "It's about the bedrock constitutional principle of federalism under which states have the inherent authority to protect the safety and welfare of their citizens," Brewer said.

The U.S. Department of Justice, which sued Arizona in a bid to invalidate the law, declined to comment on Brewer's appeal.

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Arizona appeals to Supreme Court on immigration law
James Vicini Reuters

5:00 p.m. CDT, August 10, 2011

WASHINGTON (Reuters) - Arizona Wednesday asked the U.S. Supreme Court to hear its appeal and overturn a ruling that put on hold key parts of the state's tough law cracking down on illegal immigrants.

The law, signed by Republican Governor Jan Brewer in April 2010, requires police to check the immigration status of anyone they detained and suspected was in the country illegally.

A federal judge blocked that provision and other key parts just before the law was to take effect in July last year. A U.S. appeals court upheld that ruling, prompting the state's appeal to the Supreme Court.

Other provisions put on hold require immigrants to carry their papers at all times and ban people without proper documents from soliciting for work in public places.

"I am hopeful that the U.S. Supreme Court will choose to take this case and issue much-needed clarity for states such as Arizona that are grappling with the significant human and financial costs of illegal immigration," Brewer said in a statement.

The Obama administration had sued, challenging the law on the grounds it improperly interfered with the federal immigration system. The judge and appeals courts agreed.

About 11 million illegal immigrants are believed to be in the United States. Immigration has become a major issue in states such as Arizona that border Mexico.

Opponents of the law, including President Barack Obama, many Democrats and civil rights groups have said it would lead to harassment of Hispanic-Americans. But supporters have said the federal government has failed to do enough to stop the flow of illegal immigrants into the country.

Obama has supported a comprehensive overhaul of immigration laws, but such legislation has gone nowhere in the Congress.

Brewer announced in May the state would appeal to the Supreme Court and the 41-page appeal was filed Wednesday.

Former Bush administration attorney Paul Clement said in the appeal that the case involved "a matter of pressing importance."

"It is widely recognized that the federal immigration laws are not adequately enforced," he wrote. "This broken system leaves the people and government of Arizona to bear a disproportionate share of the burden of a national problem."

The Obama administration is expected to oppose the appeal. The Supreme Court during its upcoming term that begins in October will decide whether to hear the case.

(Reporting by James Vicini, Editing by Christopher Wilson)

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U.S. Supreme Court asked to review Arizona immigration law
By the CNN Wire Staff
August 10, 2011 5:33 p.m. EDT

(CNN) -- Arizona's governor formally asked the U.S. Supreme Court on Wednesday to intervene and allow the state to enforce its controversial immigration law known as Senate Bill 1070.

State officials filed a petition seeking to overturn a federal judge's order preventing parts of the law from going into effect. Gov. Jan Brewer signed the sweeping legislation, which went became official last month.

The Obama administration and immigration rights groups have opposed efforts to have local law enforcement apprehend and help deport illegal immigrants. After the federal government responds to the state appeal, the justices will meet privately and decide whether to accept the case for review. If they do, arguments probably would be held sometime early next year.

CNN's Bill Mears contributed to this report.

http://www.cnn.com/2011/POLITICS/08/10/ ... migration/

Supreme Court gets Ariz. immigration law

WASHINGTON, Aug. 11 (UPI) -- Arizona appealed a lower court ruling on its controversial immigration law to the U.S. Supreme Court on Wednesday.

Lawyers for Gov. Jan Brewer decided to go directly to the high court to appeal a decision that part of the law is unconstitutional, The Arizona Republic reported. A district court judge specifically blocked the state from enforcing a provision in the law that requires police to ask all detainees about their immigration status.

"I am hopeful the U.S. Supreme Court will choose to take this case and issue much-needed clarity for states, such as Arizona, that are grappling with the significant human and financial costs of illegal immigration," Gov. Jan Brewer said in a statement. "For too long the federal government has turned a blind eye as this problem has manifested itself in the form of drop houses in our neighborhoods and crime in our communities. SB 1070 was Arizona's way of saying that we won't wait patiently for federal action any longer. If the federal government won't enforce its immigration laws, we will."
© 2011 United Press International, Inc. All Rights Reserved. Any reproduction, republication, redistribution and/or modification of any UPI content is expressly prohibited without UPI's prior written consent.

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Arizona immigration law being petitioned to Supreme Court


Gov. Jan Brewer had vowed this spring to take the case to the high court. | AP Photo

By JENNIFER EPSTEIN & REID J. EPSTEIN | 8/10/11 6:58 AM EDT Updated: 8/11/11 7:36 AM EDT
Arizona Gov. Jan Brewer announced late Wednesday she has filed a petition asking the Supreme Court to consider her state’s appeal to a lower court ruling that put on hold key parts of Arizona’s anti-illegal immigration law.

“I am hopeful that the U.S. Supreme Court will choose to take this case and issue much-needed clarity for states, such as Arizona, that are grappling with the significant human and financial costs of illegal immigration,â€

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PDF Document: http://www.azgovernor.gov/dms/upload/PR ... Filing.pdf

Governor Jan Brewer Calls Upon U.S. Supreme Court to Grant Review and Hear SB 1070 Appeal

State Files Petition Requesting the High Court Overturn Ninth Circuit Ruling

PHOENIX - Governor Jan Brewer and the State of Arizona today filed a petition with the U.S. Supreme Court asking for review of lower-court decisions that blocked critical elements of SB 1070, The Support Our Law Enforcement and Safe Neighborhoods Act.

Today's filing represents Governor Brewer's steadfast commitment to defend SB 1070 and protect and defend the safety and wellbeing of Arizona's citizens.

Statement from Governor Jan Brewer

"I am hopeful that the U.S. Supreme Court will choose to take this case and issue much-needed clarity for states, such as Arizona, that are grappling with the significant human and financial costs of illegal immigration. For too long the Federal government has turned a blind eye as this problem has manifested itself in the form of drop houses in our neighborhoods and crime in our communities. SB1070 was Arizona's way of saying that we won't wait patiently for federal action any longer. If the federal government won't enforce its immigration laws, we will.

"But make no mistake, this legal battle is not just about Arizona. It's about the bedrock Constitutional principle of federalism under which states have the inherent authority to protect the safety and welfare of their citizens. State action becomes a duty in times like these when the federal government has so thoroughly abdicated its responsibility."

Statement from Attorney General Tom Horne

"One of the most shocking parts of the Ninth Circuit decision was the claim that Arizona was interfering with foreign policy, a federal monopoly. Arizona established no embassies or consulates, and signed no treaties. What it did do is adopt policies that other countries disagree with. If the Ninth Circuit holding that that is prohibited to the state is not overturned by the Supreme Court, this country's sovereignty is in trouble."

Statement from Governor Jan Brewer

"But make no mistake, this legal battle is not just about Arizona. It's about the bedrock Constitutional principle of federalism under which states have the inherent authority to protect the safety and welfare of their citizens. State action becomes a duty in times like these when the federal government has so thoroughly abdicated its responsibility."

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Alabama Leaders Slam Justice Department for Suing Over Immigration Law

http://www.alipac.us/ftopict-246421.html

Mike Hubbard, the Alabama House Speaker said:
[quote]“Make no mistake, this lawsuit will not undo Alabama’s immigration law. If the court finds problems with parts of the law, tweaks can be made,â€