Judge Dismisses Part of Challenge to Ariz. Immigration Law

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Published December 11, 2010 | Associated Press

PHOENIX -- A federal judge has dismissed parts of the U.S. Department of Justice's challenge to Arizona's new immigration law.

U.S. District Judge Susan Bolton's ruling on Friday struck down the federal government's challenge to the portion of the law that prohibits the transport of illegal immigrants.

But Bolton's ruling didn't have any effect on the portions of the law that she previously prevented from taking effect, including a requirement that immigrants get or carry immigration registration papers.

In that ruling in July, Bolton let other portions take effect, including a ban on obstructing traffic while seeking or offering day-labor services on public streets.

Bolton on Friday denied Gov. Jan Brewer's request to dismiss challenges to the law's most controversial sections.

States Join Legal Brief Supporting Ariz. Immigration Law as Donations Roll Into Gov. Brewer's Defense Fund

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Published September 04, 2010 | Associated Press

PHOENIX -- Nearly a dozen states have filed a legal brief in support of Arizona's controversial immigration  law.

A"friend of the court" brief filed with the San Francisco-based 9th U.S. Circuit Court of Appeals on Friday argues that a federal judge was wrong to block implementation of key provisions of the law.

The brief submitted by Michigan Attorney General Michael Cox argues that the judge used the wrong legal standard to rule on the U.S. Justice Department's request for a preliminary injunction.

It also says the judge erred in ruling that the law interferes with the executive branch's immigration enforcement priorities.

Alabama, Florida, Idaho, Louisiana, Nebraska, Pennsylvania, South Carolina, South Dakota, Texas and Virginia joined in the filing.

In addition to the legal brief, a Wyoming man has given more than $1.5 million to help defend Arizona's controversial immigration enforcement measure in court, Gov. Jan Brewer's office said Thursday.

The contribution from Timothy Mellon of Saratoga is the largest to Brewer's defense fund, which has amassed more than $3.6 million from 41,000 donors nationwide. Mellon could not immediately be reached for comment.

The latest legal bills released Thursday show Brewer's office has spent more than $440,000 for the first two months of defending the law.

The bills, obtained through a public records request by The Associated Press, are for work performed through June by Phoenix law firm Snell & Wilmer. They do not cover July hearings in federal court before a judge Susan Bolton temporarily blocked enforcement of the law's most controversial provisions.

Brewer has appealed Bolton's order to the 9th U.S. Circuit Court of Appeals.

Her office is defending the state against seven lawsuits challenging Arizona's law, including cases filed by the U.S. Justice of Department, civil rights groups and two police officers.

Bolton has dismissed two of the cases.

"The fees incurred have been, and will continue to be, sizeable," Brewer spokesman Paul Senseman said, noting there have been more than 900 legal filings totaling more than 12,000 pages.

Arizona's law would generally require officers enforcing other measures to check the immigration status of people they suspect are illegal immigrants.

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Arizona Hits Back at Immigration Ruling as 'Wrong' on Law

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Arizona Files Legal Brief Hitting Back at Federal Ruling Against State's Immigration Law

Published August 26, 2010 | FoxNews.com  

PHOENIX -- Gov. Jan Brewer's lawyers on Thursday filed the first brief in their appeal of a ruling that put the most controversial elements of Arizona's new immigration law on hold.

The governor says the federal ruling blocking portions of Arizona's controversial immigration law "has caused irreparable harm" to the state's residents.

Brewer wants the 9th U.S. Circuit Court of Appeals in San Francisco to reverse the ruling U.S. District Judge Susan Bolton made last month.

The governor's office says Bolton abused her discretion by applying the wrong legal standards and basing her ruling on the federal government's speculation that it would be harmed by Arizona's law. Brewer says the judge ignored key provisions of federal law that allow states to enforce immigration law.

"The decision to suspend portions of SB 1070 has caused irreparable harm to the safety and well-being of Arizona's citizens who continue to suffer every day that the federal government refuses to do its job," Brewer said in a written statement.

The U.S. Justice Department went to court in a bid to invalidate the law.

The Justice Department had no immediate comment Thursday.

Bolton blocked provisions of the law that requires immigrants to obtain or carry immigration registration papers and that require police, while enforcing other laws, to question people's immigration status if there is a reasonable suspicion they're in the country illegally.

But the judge let other portions take effect late last month, such a ban on blocking traffic when people seek or offer day-labor services on streets, and amendments to existing state immigration laws.

The Associated Press contributed to this report.
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Ariz. Shelves Plan to Alter Immigration Law

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- Associated Press, August 18, 2010

PHOENIX -- Arizona legislators are setting aside Gov. Jan Brewer's suggestion that lawmakers consider changing parts of the state's controversial immigration law.

Brewer on July 30 floated the idea of making "tweaks" to the law shortly after a federal judge blocked implementation of numerous provisions. Legislative aides said Tuesday the idea has been shelved, at least temporarily, mainly because of the state's pending appeal to the 9th U.S. Circuit Court of Appeals.

"Everyone agreed ... that it would have been acting in haste to act at this point," said Victor Riches, chief of staff for the House of Representatives' Republican majority.

There's still a possibility that lawmakers could take up the issue in the future but nothing is in the works now, Riches added.

Brewer spokesman Paul Senseman did not immediately respond to a request for comment.

Brewer didn't suggest specific changes to the law but expressed a willingness to consider changes in response to the preliminary injunction issued July 28 by U.S. District Judge Susan Bolton.

Legislative leaders voiced skepticism about Brewer's idea from the get-go but had aides review it before concluding that no immediate action should be taken.

"It's in the middle of the appeal process. We need to see how at least what the 9th Circuit says," said Greg Jernigan, general counsel to Senate Republicans.

Legislative aides said Brewer raised the possibility of considering changes to the immigration law during a brief special session held last week on an unrelated topic, but she ultimately didn't include it in her special session call.

Jernigan noted that the appellate court has agreed to put the case on a fast track, scheduling a hearing on the case in early November.

Although lawmakers could narrow the reach of a blocked provision barring release of arrested people pending checks of their immigration status, it wasn't realistic to consider changing other provisions blocked by Bolton on grounds that they're pre-empted by federal authority over immigration matters, Jernigan said.

The pre-emption issue will have to be settled by the courts, Jernigan added.

Besides the provision on immigration checks for arrested people, blocked provisions included a requirement that police check a person's status while enforcing other laws if there's a reasonable suspicion the person is in the United States illegally. Bolton also blocked provisions that required immigrants to carry their papers and banned immigrants from soliciting employment in public places.
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Court Denies Arizona Speedy Appeal Process

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Well, what can we expect from the 9th Circuit Court. Not expecting much from their eventual ruling, either. Might as well sit back, endure the 9th Circuit, and wait for the rulng that will matter; the USSC...

- Associated Press, July 30, 2010  

Arizona Appeal of Immigration Ruling Set For November

SAN FRANCISCO -- A federal appeals court says it will hold a hearing in November on Arizona's challenge to a ruling that put the most controversial parts of the state's immigration law on hold.

The 9th U.S. Circuit Court of Appeals in San Francisco issued a two-page order Friday denying Arizona Gov. Jan Brewer's request for an earlier hearing date.

U.S. District Judge Susan Bolton issued a ruling Wednesday putting much of the law on hold. Brewer had asked for an expedited appeals process, with a hearing scheduled for the week of Sept. 13.

State lawyers had argued that the appeal involves an issue of "significant importance" -- the state's right to implement a law to address "irreparable harm Arizona is suffering as a result of unchecked unlawful immigration."
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Arizona Sheriff: I Won't Be Stopped, Intimidated

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- FoxNews.com, July 30, 2010

Arizona Sheriff Not Relenting After Court Ruling 

Maricopa County Sheriff Joe Arpaio has been doing aggressive crackdowns on illegal immigration for years. And despite Wednesday's ruling by a federal judge to temporarily block portions of Arizona's new law, the former federal drug agent will continue to carry out sweeps in the country's busiest human and drug trafficking corridor.

Arpaio's tactics have made him the undisputed poster boy for local immigration enforcement, sometimes instructing his deputies to carry out sweeps in Hispanic neighbors to arrest illegal immigrants. His latest sweep was launched Thursday afternoon, when roughly 200 sheriff's deputies and trained volunteers searched metropolitan Phoenix for traffic violators who may be in the country illegally.

"It's my job," said Arpaio, standing beside a sheriff's truck that has a number for an immigration hotline written on its side. "I have two state (immigration) laws that I am enforcing. It's not federal, it's state."

According to U.S. Immigration and Customs Enforcement statistics, Arpaio's efforts are not misguided, as a total of 55,699 individuals have been deported from the Phoenix field office in fiscal year 2010, easily besting the second-most deportations during that time -- 38,569 -- in the San Antonio area. A total of 268,910 illegal immigrants have been deported as of July 13, 2010, compared to 387,790 for the entire fiscal year 2009.

Deputy Bob Dalton and volunteer Heath Kowacz spotted a driver with a cracked windshield in a poor Phoenix neighborhood near a busy freeway during Thursday's sweep. Dalton triggered the red and blue police lights and pulled over 28-year-old Alfredo Salas, who was born in Mexico but has lived in Phoenix with a resident alien card since 1993.

Dalton gave him a warning after Salas produced his license and registration and told him to get the windshield fixed.

Salas, a married father of two who installs granite, told The Associated Press that he was treated well but he wondered whether he was pulled over because his truck is a Ford Lobo.

"It's a Mexican truck so I don't know if they saw that and said, 'I wonder if he has papers or not,"' Salas said. "If that's the case, it kind of gets me upset."

Sixty percent of the nearly 1,000 people arrested in the sweeps since early 2008 have been illegal immigrants. Thursday's dragnet led to four arrests, but it wasn't clear if any of them were illegal immigrants.

A ruling by U.S. District Judge Susan Bolton on Wednesday put on hold parts of S.B. 1070 that would have required officers to dig deeper into the fight against illegal immigration. Arizona says it was forced to act because the federal government isn't doing its job to fight immigration.

The issue led to demonstrations across the country Thursday, including one directed at Arpaio in Phoenix in which protesters beat on the metal door of a jail and changed "Sheriff Joe, we are here. We will not live in fear."

Meanwhile, Gov. Jan Brewer's lawyers went to court to overturn the judge's ruling so they can fight back against what the Republican calls an "invasion" of illegal immigrants.

Ever since the main flow of illegal immigrants into the country shifted to Arizona a decade ago, state politicians and local police have been feeling pressure to confront the state's border woes.

In addition to Arpaio's crackdowns, other efforts include a steady stream of busts by the state and local police of stash houses where smugglers hide illegal immigrants. The state attorney general has taken a money-wiring company to civil court on allegations that smugglers used their service to move money to Mexico. And a county south of Phoenix has its sheriff's deputies patrol dangerous smuggling corridors.

The Arizona Legislature have enacted a series of tough-on-immigration measures in recent years that culminated with the controversial new law signed by Brewer in April, catapulting the Republican to the national political stage.

Critics say deputies racially profile Hispanics. Arpaio says deputies approach people only when they have probable cause.

"Sheriff Joe Arpaio and some other folks there decided they can make a name for themselves in terms of the intensity of the efforts they're using," said Benjamin Johnson, executive director of the pro-immigrant Immigration Policy Center. "There's no way to deny that. There are a lot of people getting caught up in these efforts."

The Justice Department launched an investigation of his office nearly 17 months ago over allegations of discrimination and unconstitutional searches and seizures. Although the department has declined to detail its investigation, Arpaio believes it centers on his sweeps.

Arpaio feels no reservations about continuing to push the sweeps, even after the federal government stripped his power to let 100 deputies make federal immigration arrests.

Unable to make arrests under a federal statute, the sheriff instead relied on a nearly 5-year-old state law that prohibits immigrant smuggling. He has also raided 37 businesses in enforcing a state law that prohibits employers from knowingly hiring illegal immigrants.

"I'm not going to brag," Arpaio said. "Just look at the record. I'm doing what I feel is right for the people of Maricopa County."

The Associated Press contributed to this report.
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Gov. Brewer to Supporters, July 28, 9:45pm

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To Supporters of Arizona :    

The United States District Court of Arizona ruled against significant parts of Arizona’s immigration law hours ago. This decision is being hailed by those who do not want to enforce our laws.

While the decision is disappointing, it is not the end. We plan to appeal the court’s ruling, and I remain confident we will ultimately prevail.

In order to best continue the fight for our immigration law, we must step up and expand our efforts.

That’s why I’m asking you to make a secure, online contribution to the Republican Governors Association right now by CLICKING HERE.  (https://www.rga.org/arizona/)

The RGA is the only organization exclusively dedicated to electing governors like me who are not afraid to do what it takes to protect our citizens and make our borders safe.

The RGA has stood by my side and has my complete confidence - I hope they will have yours too. We know liberals in Washington, D.C., the East Coast media, and people like Al Sharpton will continue to do everything possible to distort what our law does and smear anyone who endorses it, which is why it is vital you support the RGA.

The RGA helps governors like me who are willing to tell the federal government “enough is enough.” Simply put, the RGA is a key partner and with me on the frontlines.

Please support the RGA by contributing $100, $50, $25, $10 or whatever you can afford today. I know times are tough, but every dollar makes a tremendous difference. Please CLICK HERE to donate right now.

With your support, I am confident we will prevail.

Sincerely,

Gov. Jan Brewer

P.S. Our appeal will occur very soon. Please give to the RGA immediately: https://www.rga.org/arizona/

Corporate Contributions are accepted.

Contributions to the RGA are not deductible as charitable contributions for federal income tax purposes. Contributions will not be used in connection with any federal election activity. Contributions to the RGA may be used in one of the RGA's affiliated state PACs. Contributions from foreign nationals are prohibited.

Paid for by Republican Governors Association
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No Ruling Yet After AZ Immigration Hearings

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Printed from: http://www.kfiam640.com   

Two federal court hearings in Phoenix have ended without a ruling on whether the state's new immigration law should take effect amid a flurry of legal challenges.

The second of two hearings Thursday concluded without U.S. Judge Susan Bolton issuing a ruling.

The afternoon hearing focused on whether state law is trumped by the federal government's constitutional authority to set immigration policy.

During the morning hearing, Bolton said she's required to consider blocking only parts of the law, not the entire statute as some plaintiffs had requested.

The law requires officers, while enforcing other laws, to check a person's immigration status if there's a reasonable suspicion that the person is here illegally.

Arizona Governor Jan Brewer was in the packed courtroom in Phoenix fpr the afternoon sesion. Steve Gregory reports most of the protesters in front of the courthouse Thursday morning have gone by the afternoon.


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