Thread: AZ. Legislature Becomes Party in Immigration Case

Legislature Becomes Party in Immigration Case

Updated: Tuesday, 05 Apr 2011, 5:28 PM MDT
Published : Tuesday, 05 Apr 2011, 5:28 PM MDT

PHOENIX (AP) — A judge granted a request by the Arizona Legislature to let lawmakers help defend the state's immigration enforcement law from a challenge by the federal government.

U.S. District Judge Susan Bolton says in a ruling Tuesday that the Legislature's participation won't delay the U.S. Justice of Department's lawsuit that seeks to invalidate the law.

Attorneys representing the Legislature argued lawmakers should be made a party to the case because they have unique insight into the law's creation.

Justice Department lawyers contended that the Legislature's participation would prolong the case and that lawyers for Gov. Jan Brewer and the state Attorney General's Office were already adequately representing the state's interest.

The most controversial parts of the law were put on hold by Bolton in July.

Brewer is appealing that ruling.

http://www.myfoxphoenix.com/dpp/news/im ... t-4-5-2011

Lawmakers get in on SB 1070 suit

Howard Fischer Capitol Media Services Arizona Daily Star
April 7, 2011 12:00 am

PHOENIX - State lawmakers will get their own voice in defending last year's law aimed at illegal immigration.

U.S. District Court Judge Susan Bolton on Tuesday ruled the Legislature, which enacted SB 1070 last year, is entitled to play a role in trying to prove to her the measure is constitutional. She also noted lawmakers approved - and Gov. Jan Brewer signed - legislation specifically authorizing intervention.

Most significantly, the judge rejected arguments by the attorney for the Department of Justice, which is challenging the law, that adding another player at this time would delay action on the lawsuit.

The law, signed last year by Brewer, is designed to give police more power to detain and arrest illegal immigrants. Several suits were filed challenging the constitutionality of various provisions, including one by the Obama administration.

To this point, the main defense has been mounted by Brewer, who hired a private law firm. The fees for that have come from donations to a special defense fund.

Attorneys for lawmakers argued they have "paramount interest" in seeing the law was upheld.

Most of the measure has never taken effect. Bolton enjoined enforcement last year while the lawsuit plays out in court, saying there were serious legal questions about the legality of key provisions, including:

• Requiring a police officer to make a reasonable attempt to check the immigration status of those they have stopped.

• Forbidding police from releasing anyone they have arrested until that person's immigration status is determined.

• Making it a violation of Arizona law for anyone not a citizen to fail to carry documentation.

• Creating a new state crime for trying to secure work while not a legal resident.

The 9th Circuit Court of Appeals has not yet ruled on Brewer's challenge of that injunction. Brewer has also countersued, saying the Obama administration has failed in its legal duty to secure the border.

http://azstarnet.com/news/local/border/ ... 86f63.html

this is good news for Russell Pearce and others