Brewer ponders next move in fight for SB1070


by Jim Cross/KTAR and Associated Press (April 12th, 2011 @ 12:47pm)

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PHOENIX -- Gov. Jan Brewer hopes to decide by Wednesday the next step in her fight to implement Arizona's tough immigration law.

The major portions of the law, known as SB1070, have been in limbo for a year since U.S. District Court Judge Susan Bolton issued an injunction keeping them from taking effect.

A three-judge panel of the 9th U.S. Circuit Court of Appeals on Monday denied Brewer's request to lift the stay. That left state leaders with the option of going to a full 11-member panel of the 9th Circuit or going directly to the U.S. Supreme Court.

"There's a lot of different ways to look at that," Brewer said Tuesday. "I'll be honest with you. At the current time, I'm feeling that we maybe should appeal to the 11-panel court."

She added, "I am still meeting with my staff and I want to get together with the Legislature, which is now part of the suit, and with my attorney general, Tom Horne."

After Monday's ruling, both Brewer and Horne expressed confidence that SB1070 eventually will be upheld.

"I believe the 9th Circuit devision will be overturned by the United States Supreme Court, and I pledge to make every possible effort to achieve that result," said Horne.

The provisions of SB1070 banned by the injunction include a requirement that law enforcement officers verify immigration status when they arrest an individual and have reasonable suspicion to believe they're in the country illegally, and a mandate that specific alien or foreign visitors register with the government and carry documentation.

Arizona State University law professor Paul Bender, asked by FOX 10 about the U.S. Supreme Court accepting the case, said, "I think it is sort of 50-50 whether they would take it. I think the national prominence of the issue is the big factor in whether they would take it or not."

The U.S. Attorney in Phoenix, one of those challenging SB1070, had little to say about Monday's ruling.

Spokesman Robbie Sherwood said, "All I'm really at liberty to say is that we are pleased with the ruling, but we understand that there could be a long way to go with this litigation."

State Senate President Russell Pearce, architect of SB1070, was among those disappointed by the appeals court ruling, although he said the makeup of the 9th Circuit made the decision "utterly predictable."

Immigration activists rejoiced at the decision, and State Sen. Steve Gallardo, a Democrat, said he will introduce legislation to repeal it.

The appeals court said the government is likely to succeed in its arguments that Congress has given the federal government sole authority to enforce immigration laws and that the Arizona law violates the Supremacy Clause of the Constitution.

Pearce said the basis for the court's action "is flawed."

"If Congress wanted to pre-empt the states from enforcing laws, it would have used its plenary powers. There has never been a pre-emption of states' authority to enforce immigration laws."

Pearce called the fight over SB1070 "a battle of epic proportions."

He said, "It is about a state's right to enforce the laws of this land and protect its citizens from those who break our laws."

Gallardo said SB1070 has damaged the state "no only economically, but it has placed a black cloud over the state of Arizona like no other piece of legislation ever has."

He said, "Enough's enough. We no longer need 1070 in our courts. We should not be having to deal with it here at the state."

Gallardo called on Congress to pass comprehensive immigration reform.

"That is the only way we are going to truly solve the immigration problem we have in this country," he said.

The U.S Justice Department sued to block the law shortly after it was passed. The Justice Department argued it violates the Constitution because enforcing immigration law is a federal issue.


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