AZ Gov Brewer Takes Immigration Appeal to SCOTUS

Written by FrumForum News on Monday May 9, 2011

The AP reports:

Arizona Gov. Jan Brewer announced Monday she will ask the U.S. Supreme Court to overturn a ruling that put the most controversial parts of the state's immigration enforcement law on hold.

The planned appeal to the high court comes after Brewer lost an appeal 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.

The panel said 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.

Brewer's lawyers argued the federal government hasn't effectively enforced 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.

They also argued U.S. District Court 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.

The U.S. Justice Department urged the appeals court to uphold the order that blocked enforcement of parts of the law.

The federal government argued the law intrudes on its exclusive authority to regulate immigration, disrupts relations between the United States and Mexico, hinders cooperation between state and federal officials, and burdens legal immigrants.

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.

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