Thread: Gov. Brewer considers tweaking Arizona's immigration law

by Ginger Rough, Alia Beard Rau and Casey Newton - Jul. 31, 2010 12:00 AM
The Arizona Republic .
Two days after Gov. Jan Brewer called a judge's temporary injunction of parts of Senate Bill 1070 a "little bump in the road," her office confirmed that she would consider tweaking the law in response to the ruling.

Brewer already has spoken to Republican legislative leaders about the possibility of calling state lawmakers into a special session to alter and strengthen the immigration law.


"We need to explore any and all options, including the possibility of tweaks to SB 1070, to get the legislation implemented as soon as possible," Brewer said in a statement e-mailed to The Arizona Republic.

Those discussions, which were characterized as extremely preliminary, have not focused on specific changes to the legislation, but rather whether it might be in the best interests of the state to consider alterations as the law makes its way through the legal appeals process.

On Wednesday, U.S. District Judge Susan Bolton ordered that four provisions of the law be temporarily blocked.

The 9th U.S. Circuit Court of Appeals in San Francisco on Friday issued a two-page order denying Brewer's request for an expedited appeals process with a hearing during the week of Sept. 13. Instead, the court said it would hold a hearing in November.

Before that decision, Brewer had already spoken with House Speaker Kirk Adams, R-Mesa, and Senate President Bob Burns, R-Peoria, about the possibility of holding a special session to address tweaking the legislation.

In some instances, the reasoning for Bolton's decision hinged on very specific wording in the law that, if changed, could resolve the issue.

For example, one part of the law she halted would have required any person arrested to have his or her immigration status determined before he or she could be released. The state said the intent was for this to apply only to individuals reasonably suspected of being in the country illegally. But Bolton said the current wording of that sentence doesn't say that and creates a burden on federal resources and legal residents.

The portions of the law Bolton did not block took effect Thursday, prompting demonstrations and acts of civil disobedience throughout the state. Dozens of people were arrested.

On Friday, both Adams and Burns seemed lukewarm to the idea of a special session. Burns said many lawmakers are in the midst of election campaigns or on vacation. Adams also pointed out that tweaking the law might weaken the state's case in court.

In the coming days, legal staffs from the House, the Senate and Brewer's office will conduct a thorough legal analysis of the law and the judge's decision.

Sen. Russell Pearce, a Mesa Republican and a primary architect of SB 1070, said he would entertain changes only if they made the legislation stronger.

"I am not sure any so-called tweaks are necessary, but if it improves the bill, I'm open . . . as long as the spirit of the bill is kept," Pearce said.

But he and Adams were among those who reiterated their contention that SB 1070, as written, is legally defensible.

"I believe ultimately that this bill, as it is currently constructed, will be found constitutional when it reaches U.S. Supreme Court," Adams said. "I think the judge's decision was flawed."

Brewer spokesman Paul Senseman said the governor had not reached out to Democratic leadership about whether to make adjustments to the law, nor did she plan to.

Democrats scoffed at the idea Friday.

House Minority Leader David Lujan, D-Phoenix, suggested Brewer and the Republicans were playing politics.

"I think this is just Governor Brewer and Republicans wanting to politicize this more right before an election," Lujan said.

Rep. Kyrsten Sinema, D-Phoenix, said alterations to the law won't make it more palatable to the courts.

"Here's the thing about the Supremacy Clause - it's not much on 'tweaking,' " Sinema said, referring to a portion of the U.S. Constitution that says documents, federal statutes and U.S. treaties are the supreme laws of the land and must prevail over state law - a key part of the Department of Justice's lawsuit over SB 1070.

"It's not something you can tweak around with," she said. "I am not sure what (Brewer) thinks can be 'tweaked.' "



Read more: http://www.azcentral.com/arizonarepubli ... z0vGniqoKo

I really hope that whatever tweaks are made will keep it strong and that it will be approved.

What Arizona should do first and foremost is stop providing welfare benefits to illegals. If the state refuses to charge taxpayers for college tuitions, medical care, schools for illegals; they'll leave on their own. There is no law anywhere that says the people of the state of Arizona must pay taxes to support a foreign government.

I agree! taxpayers should never have to pay for the costs of these illegal immigrants taking advantage of our country. I really think that their idea of "The land of the Free" isn't about Freedom at all....I think its more about what all they can get for FREE

Originally Posted by cavmom

I agree! taxpayers should never have to pay for the costs of these illegal immigrants taking advantage of our country. I really think that their idea of "The land of the Free" isn't about Freedom at all....I think its more about what all they can get for FREE

Exactly right.