America

Arizona Appeals U.S. Judge's Immigration Ruling

Phoenix immigration protest

Police block a street Thursday, July 29, 2010 in Phoenix while protesters rally against Arizona's new immigration law, SB1070. Matt York/AP hide caption

itoggle caption Matt York/AP

Arizona on Thursday filed an expedited appeal of a U.S. judge's preliminary injunction that blocked key parts of the state's controversial anti-illegal immigration law from taking effect for the time being.

Gov. Jan Brewer had made if clear Wednesday after U.S. District Judge Susan Bolton issued her opinion that an appeal was coming.

An excerpt from a Brewer news release:

“Today I filed an expedited appeal with the Ninth Circuit asking the court to lift the injunction put in place by Judge Bolton yesterday against certain provisions of SB 1070 and to allow those provisions to go into effect pending a decision on the merits of this case. I have also asked the Ninth Circuit to expedite the briefing schedule and its ruling, since Congress and the President have once again failed to act.

“The Notice of Appeal and Motion for Expedited Briefing and Hearing Schedule filed today asks the Ninth Circuit to establish a timeline that would have the State file a substantive brief on August 12, the United States file its response brief on August 26, and the State file its reply brief on September 2. I have asked the Ninth Circuit to schedule oral arguments on the appeal the week of September 13 and to expedite its ruling.

“America is not going to sit back and allow the ongoing federal failures to continue. We are a nation of laws and we believe they need to be enforced. If the federal government wants to be in charge of illegal immigration and they want no help from states, it then needs to do its job. Arizona would not be faced with this problem if the federal government honored its responsibilities.

“Illegal immigration is an ongoing crisis the State of Arizona did not create and the federal government has refused to fix. SB 1070 protects all of us, every Arizona citizen and everyone here in our state lawfully. It ensures that the constitutional rights of ALL in Arizona are undiminished.

As was widely reported Wednesday, Judge Bolton ruled that provisions that were central to SB1070, a law meant to fight illegal immigration, shouldn't take effect before they are further aired in federal court.

For instance, she barred police in the state from asking individuals they stop for speeding or some other reason for proof that they are legally in the U.S.

The following excerpt from an Arizona Republic piece explains the provisions she stopped until further notice:

•  The portion of the law that requires an officer make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested if there's reasonable suspicion they're in the country illegally.

•  The portion that creates a crime of failure to apply for or carry "alien-registration papers."

•  The portion that allows for a warrantless arrest of a person where there is probable cause to believe they have committed a public offense that makes them removable from the United States.

• The portion that makes it a crime for illegal immigrants to solicit, apply for or perform work. There are three parts to that part of the law. Two of them will go into effect, one of them will not.

But she allowed other parts of the law to take effect, such as a provision that effectively makes it impossible for sanctuary cities to exist in the state.

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