SB1070: appeal seeks to reinstate all parts of Arizona law
The toughest provisions of SB1070, the Arizona law about illegal immigration, were blocked Wednesday by a judge. Arizona Gov. Jan Brewer said Thursday she is appealing the decision.
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Under normal circumstances, the legal challenges to the Arizona law would now be subject to a trial before Bolton. But because of the importance of the issue, state officials took the somewhat unusual step of asking the appeals court to hear their appeal even before a trial has been held.Skip to next paragraph
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“This appeal involves an issue of significant importance – the State of Arizona’s right to implement a law its Legislature enacted to address the irreparable harm Arizona is suffering as a result of unchecked unlawful immigration,” the Arizona lawyers said in their brief to the Ninth Circuit.
They urged the appeals court to speed up its consideration of the case in light of the “serious criminal, environmental, and economic problems Arizona has been suffering as a consequence of illegal immigration and the lack of effective enforcement activity by the federal government.”
The governor’s lawyers asked for the court to embrace a schedule that would call for the state’s opening brief by August 12, a response by the Justice Department by August 26, and a reply by Arizona by September 2. They asked that the court schedule the case for oral argument the week of September 13.
If the Ninth Circuit declines to take up the case, or takes it up and upholds Bolton’s ruling, Arizona could then still file an expedited appeal to the US Supreme Court.
At the center of the case is a dispute over the intersection of federal authority to set immigration policies and enforce immigration law versus state government efforts to protect the health and safety of local residents threatened by a large influx of illegal immigrants by making passing a state law that mirrors several unenforced federal laws.
“If the federal government wants to be in charge of illegal immigration and they want no help from the states, it then needs to do its job,” Brewer said. “Arizona would not be faced with this problem if the federal government honored its responsibilities.”
She added, “Illegal immigration is an ongoing crisis the State of Arizona did not create and the federal government has refused to fix.”
- Arizona immigration law 2010: As SB1070 takes effect, Mexicans say 'Adios, Arizona'
- Why Judge Susan Bolton blocked key parts of Arizona's SB 1070
- With ruling, battle over Arizona immigration law enters new phase