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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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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