Thread: Tensions Run High in Arizona Immigration Hearing

Tensions Run High in Arizona Immigration Hearing

7 protesters outside arrested

Updated: Thursday, 22 Jul 2010, 6:59 PM MDT
Published : Thursday, 22 Jul 2010, 6:30 PM MDT

PHOENIX - Inside the courtroom, it was the state of Arizona vs. the federal government. Outside the courtroom, it was protesters vs. supporters.

SB 1070 forces officers to check someone's immigration status if they have a reasonable suspicion that person is in Arizona illegally. Supporters say it mirrors federal statute and is only enforcing federal law -- opponents say it will lead to racial profiling and preempts federal law.

U.S. District Judge Susan Bolton heard two different cases Thursday: the first one filed by several civil rights groups including the ACLU, the second filed by the Justice Department. Federal lawyers asked for an injunction to stop the law from going into effect on July 29.

Inside the courtroom

The judge asked both sides some very tough questions, but as the nearly 2-hour session came to a close, it became fairly clear how the judge feels about parts of this law.

With Governor Brewer in the courtroom, lawyers for the federal government blasted parts of SB 1070.

Deputy solicitor general Edwin Kneedler, who's argued more than 100 cases before the Supreme Court, said SB 1070 infringed on the federal government's unquestionable and exclusive power to enforce immigration law. He also cited the damage it could cause foreign relationships.

After relentless questioning from Judge Bolton, Governor Brewer left the courtroom feeling optimistic.

"I believe that it was a well-prepared presentation of where Arizona is going and which direction we want to take our state," she says.

It appears the judge may have an issue with Section 3 of the law, which makes it a state crime to be here illegally. Federal lawyers argued that that steps on the government's toes.

The judge also pointed out that 1070 contains a severability clause, which means she could strike down parts of the law, not necessarily the whole thing.

It is possible that the judge could, for example, say it's unconstitutional to bring undocumented immigrants to jail on a state crime, but she may be okay with requiring officers to ask about someone's status and turn them over to ICE.

"I think it is distinctly possible that she still look through each section of the law and make an individual decision on it. She is not going to strike down 1070," says John Bouma, attorney for Arizona.

Earlier Thursday, Judge Bolton heard the case filed by several civil rights groups including the ACLU, the Mexican American Defense League, and Friendly House. Their suit claims the law will lead to racial profiling and could harm the people of Arizona.

"What we're saying is the law is creating a situation where officers are being putting in an impossible circumstance of trying to form reasonable suspicion on immigration status, just on what they can observe," says MALDEF's Nina Perales.

There's no indication on when the judge could rule.

Outside the courtroom

While some supporters gathered outside Phoenix's Federal Courthouse, the majority of gatherers outside the building were protesters.

Armed with drums, hand-made signs and megaphones, opponents rallied to make their opinions heard.

"The people in Mexico are starving and that's why they come to the United States. People don't walk a 100 miles across the blazing desert for their health, people come here because their families are starving," says protester Sarah Fox.

"It's a law that targets people of color, it is an unconstitutional and immoral law, and we can't be living in apartheid conditions in the 21st century," says protester Sarahi Uribe.

But counter-protester Jerry Harris says, "For three administrations, the federal government has done absolutely nothing to help solve the illegal immigration problem. Something must be done, the legislature passed this law which simply mirrors the federal law."

The protest remained peaceful until the end of the afternoon -- a group of 7 people parked themselves in the middle of an intersection and refused to leave -- and were arrested and booked into jail.

The group was holding a banner that read, "We will not comply," and face charges of obstructing a public thoroughfare. Police say they gave them several warnings and opportunities to disperse but they refused.

First reported by MyFoxPhoenix.com

http://www.myfoxphoenix.com/dpp/news/te ... -7-22-2010

now thats the kind of side steppin i like to see. the dems are terrified. no win situation.