Tolleson joins lawsuit vs. immigration law

by David Madrid - Oct. 17, 2010 12:00 AM
The Arizona Republic

Tolleson is supporting a U.S. Justice Department lawsuit against Senate Bill 1070, the tough new immigration law.

The city has filed an amicus brief in the Justice lawsuit, which will go to the 9th U.S. Circuit Court of Appeals on Nov.1.

The city made the move after a federal judge in August dismissed a lawsuit by a Tucson police officer who claimed SB 1070 is unconstitutional.

Tolleson had joined in the suit in U.S. District Court.

Jose de Jesus Rivera, a Phoenix attorney with a Tucson-based law firm, told the Tolleson City Council on Tuesday that Tucson, Tolleson and the other cities he represents are not sanctuary cities but that SB 1070 seeks to make cities an arm of immigration enforcement.

"In fact, it takes your resources away from other crimes," Rivera told the council, adding that under SB 1070, anyone who believes the city isn't following the law can sue the city.

The friend-of-the-court brief states that "if the key provisions of Arizona Senate Bill 1070 are revived on appeal, those revived provisions will impose expensive, unwieldy, and unconstitutional requirements . . .

"Those requirements will strain already overstrained budgets, divert funds needed for important programs, force the cities to enforce divisive and questionable state mandates and foster a second-rate image of Arizona that will reduce tourism and commercial development - costing jobs in each city and reducing municipal tax receipts."

Tolleson, which is about 80 percent Hispanic, joined the Tucson officer's lawsuit after the City Council on June 8 unanimously voted to allocate up to $20,000.

"I think it's money well spent," said Tolleson Mayor Adolfo Gámez, who said SB 1070 will lead to racial profiling.


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