Arizona Immigration Law Ruling Refuses To Lift Ban On Enforcing Major Aspects Of Measure
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PHOENIX (AP) -- A federal appeals court on Monday refused to lift a stay blocking major parts of Arizona's immigration law from taking effect and said the federal government is likely to be able to prove the controversial law is unconstitutional.
The 9th U.S. Circuit Court of Appeals turned down an appeal filed by Gov. Jan Brewer. She had asked the appeals court to lift an injunction imposed by a federal judge in Phoenix the day before the law was to take effect on July 29, 2010.
The U.S Justice Department sued to block the law, saying it violates the U.S. Constitution because enforcing immigration law is a federal issue.
U.S. District Court Judge Susan Bolton issued an injunction preventing four major parts of the law from going into effect pending a trial. Monday's ruling by the three-judge panel upheld that injunction.
The appeals court said the government is likely to succeed in its arguments that Congress has given the federal government sole authority to enforce immigration laws, and that the Arizona law violates the Supremacy Clause of the Constitution.
Brewer's lawyers said the federal government hasn't effectively enforced immigration law and that the state law will assist federal authorities.
The bill's author, state Sen. Russell Pearce, issued a statement saying the appeals court ruling was "utterly predictable."
"SB 1070 is constitutionally sound, and that will be proven when the U.S. Supreme Court takes up this case and makes the proper ruling," he said. "This battle is a battle of epic proportions. It is about a state's right to enforce the laws of this land and protect its citizens from those who break our laws."
Parts of the law blocked from taking effect while the case works its way through the courts include a provision requiring police to question people's immigration status while enforcing other laws if there is a reasonable suspicion they're in the country illegally. Other provisions on hold include: requiring all immigrants to obtain or carry immigration registration papers; making it a state criminal offense for an illegal immigrant to seek work or hold a job; and allowing police to arrest suspected illegal immigrants without a warrant.
In a separate opinion concurring with the panel's ruling, Appeals Court Judge John T. Noonan noted the intent of the state statute is clear and goes beyond what federal law allows.
"If we read Section 1 of the statute, the statute states the purpose of providing a solution to illegal immigration in the United States. So read, the statute is a singular entry into the foreign policy of the United States by a single state," he wrote.
Judge Carlos Bea would uphold two of the provisions - those allowing police to question people about their immigration status and to make warrantless arrests - and wrote a pointed dissent.
"As I see it, Congress has clearly expressed its intention that state officials should assist federal officials in checking the immigration status of aliens," he wrote. He also included a footnote that quoted Lewis Carroll's "Alice in Wonderland" to criticize what he called the majority's convoluted reasoning.
The passage of SB 1070 last year reignited an immigration debate that has simmered in Arizona and across the nation for years.
Opponents of the law protested in the streets as it was about to take effect and called for a boycott of the state. Proponents called the law a long overdue effort by a state that has been overburdened by illegal immigration and a lack of federal action on the issue.
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First Posted: 04/11/11 02:33 PM ET Updated: 06/11/11 06:12 AM ET