Arizona takes immigration appeal to Supreme Court
Gov Jan Brewer of Arizona has announced on Monday that she will ask the US Supreme Court to overturn a ruling that put the most controversial parts of the state’s immigration enforcement law on hold. This comes after Brewer lost an appeal on April 11, when a three judge panel of the 9th Circuit Court of Appeals refused to reverse a lower court’s order that prevented key parts of the law from being enforced.
Ruling of the panel was that federal officials were likely to prove the law is unconstitutional and succeed in their argument that Congress has given the federal government sole authority to enforce immigration laws. Yet Brewer’s attorneys have argued that the federal government hasn’t effectively enforced any immigration law at the border, and in Arizona’s interior and that the state’s intent in passing the law was to assist federal authorities as Congress has encouraged.
Also being argued is that US District Judge Susan Bolton erred by accepting speculation by the federal government that the law might burden legal immigrants and by concluding the federal government would likely prevail.
Less than a day before the law was to take effect in July, Bolton blocked key provisions from being enforced, including requirements that immigrants get and carry immigration registration papers and that police — in enforcing other laws — question the immigration status of those they suspect are in the country illegally. But Bolton let other parts take effect, such as a ban on obstructing traffic while seeking or offering day-labor services on streets.
The law, SB 1070, was passed in April 2010 amid years of complaints that the federal government hasn’t done enough to lessen the state’s role as the nation’s busiest illegal entry point. The Arizona law isn’t the only one that has challenged federal primacy in immigration.
Civil rights groups have filed a lawsuit aimed at halting a new immigration law in Utah, saying it is too much like portions of Arizona’s immigration law.
This entry was posted on Wednesday, May 11th, 2011 at 5:08 pm and is filed under General, Immigration, In The Courts, In the News, Politics. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.