Judge hears arguments over Arizona immigration law
Jul 23
2010
PHOENIX
The Arizona immigration law came under new legal scrutiny in a packed courtroom Thursday as a federal judge considered whether the crackdown should take effect next week amid a flurry of legal challenges.
Judge Susan Bolton did not issue a ruling after two court hearings stemming from lawsuits brought against the law, which has reignited the national immigration debate.
The hearings drew considerable interest as Republican Gov. Jan Brewer and the Justice Department's top lawyer in Arizona both attended, along with dozens of spectators.
Seven opponents of the law were arrested after they sat in the middle of a busy thoroughfare outside the courthouse and unfurled a massive banner that said ''We will not comply.''
Bolton has been asked to block the law from taking effect as she hears several lawsuits that question the constitutionality of the measure.
Opponents say the law will lead to racial profiling and trample on the rights of the hundreds of thousands of illegal immigrants in Arizona. Supporters say the law is a necessary response to combat the litany of problems brought on by illegal immigration and the federal government's inability to secure the border.
Bolton, an appointee of former President Bill Clinton, repeatedly questioned Justice Department attorney Edwin Kneedler to explain how specific provisions of the law intruded on federal authority as he had argued.
''Why can't Arizona be as inhospitable as they wish to people who have entered the United States illegally?'' she said.
Without prodding from attorneys, the judge also pointed out to lawyers the everyday realities of Arizona's immigration woes, such as signs that the federal government erected in a wilderness area south of Phoenix that warns visitors about drug and immigrant traffickers passing through public lands.
She also noted the immigrant smuggling stash houses that are a fixture on the news in Arizona. ''You can barely go a day without a location being found in Phoenix where there are numerous people being harbored,'' Bolton said.
Kneedler said the law's requirements that law enforcement check on people's immigration status set a mandatory policy that goes beyond what the federal government requires and would burden the federal agency that responds to immigration-status inquiries.
Attorney John Bouma, who represents Brewer, said the federal government wants to keep its authority while turning a blind eye to illegal immigrants.
''You can't catch them if you don't know about them. They don't want to know about them,'' he said.
Brewer said she's confident the state will prevail, adding that Bolton ''certainly understands the dangers that Arizonans face in regards to harboring illegals.''
During the morning hearing, Bolton told lawyers for the American Civil Liberties Union that she's required to consider blocking only parts of the law, not the entire statute as they had requested.
ACLU attorney Omar Jadwat said the law's provisions are supposed to work together to achieve a goal of prodding illegal immigrants to leave the state. He called it unconstitutional and dangerous.
Most of the controversy about the law centers on provisions related to stops and arrests of people, new crimes related to illegal immigrants, and a requirement that immigrants carry and produce their immigration papers.
Other parts of the law getting little attention deal with impoundment of vehicles and sanctions against employment of illegal immigrants.
Bouma told Bolton that those challenging the law haven't demonstrated that anyone would suffer actual harm if it takes effect, and that facts -- not conjecture -- must be shown.
''In Arizona we have a tremendous Hispanic heritage. To think that everybody that's Hispanic is going to be stopped and questioned ... defies reality,'' Bouma said. ''All this hypothetical that we're going to go out and arrest everybody that's Hispanic, look around. That's impossible.''
Defendants include various county officials from throughout the state, most of whom sent lawyers to the hearing. Cochise County Sheriff Larry Dever was there in person, sitting at the front of the courtroom.
Dever's county is on the Arizona-Mexico border and he knew a rancher who was killed in March on his sprawling border property by a suspected illegal immigrant, possibly a scout for drug smugglers.
The killing of Robert Krentz in many ways set the stage for the new Arizona law to pass, with politicians calling for action amid border violence.
Before the hearings, opponents gathered in prayer and carried paper doves attached to plants representing olive branches, a symbol of peace.
The law requires officers, while enforcing other laws, to check a person's immigration status if there's a reasonable suspicion that the person is here illegally. It also bans people from blocking traffic when they seek or offer day-labor services on streets and prohibits illegal immigrants from soliciting work in public places.
Since Brewer signed the measure into law in April, it has inspired rallies in Arizona and elsewhere by advocates on both sides of the immigration debate. Some opponents have advocated a tourism boycott of Arizona.
It also led an unknown number of illegal immigrants to leave Arizona for other U.S. states or their home countries and prompted seven challenges by the Justice Department, civil rights groups, two Arizona police officers, a Latino clergy group and a researcher from Washington.

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Comments
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01:32 AM
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12:33 AM
katelih says
The guys shirt reads "We will not comply". If all of us become united and refuse to comply with government regulations, they wouldnt know who to single out. I have to tell the truth here. I think Mexicans are becoming the NEW negroes and I am worried about white people becoming the minority ! That's why I think all races should come together and just be the human race.
05:26 PM
gene44870 says
To All Law Makers across the GOOD OL U.S.A
Dont make laws that you know cant be inforce , like the one that is being discussed here .
I know one way that you can stop it all from happening , and that is to put more presure on Obama to live up to the post election promise to end the wars , and bring our People back and then you will have more then enough man power to tie up all the loose borders . Once and for all.
Comeon goverment , get with it , it dont take a lot to figure this one out .
08:55 AM
brutus smith says
You got it katelih.
12:31 AM
katelih says
The only illegal Hispanic people in Arizona not in jeopardy of deportation are the ones who are making companies a lot of $$$$$.
10:56 PM
Salvatore says
Oy!!! I cannot use the word "buff" getting my comments deleted!!!!!!!!!!!!!
10:44 PM
Yellow Snow says
Now, Salvatore, you know Mr. Prez. doesn't combine the words "Muslim" and "terrorist", he doesn't want to offend them, your comment might earn you a SR boot.
10:34 PM
Salvatore says
How about a Muslim terrorist wearing that T-shirt boarding an airplane? Not comply? I look Middle Eastern but I comply. WHY? Because it is the easy thing to do. No hassle!!!! Why take the hard road? I show my credentials and I am on my way very quickly. NO HASSLE! VERY EASY!
10:19 PM
Yellow Snow says
SB1070 is good for AZ. and good for the US. Nine states have publicly stated their support for this bill. Four are currently crafting their own version. Obama was invited to visit the border, it's been over 50 days, and still a no show, but vacations can't wait for him. While the majority of the country supports this legal bill, why don't the feds? It mirrors Federal Law.
Los Angeles government is "boycotting" Arizona. If this bill is defeated, Arizona should buy every illegal person a 1-way ticket to Los Angeles so LA can support them.
08:00 PM
bobaluey says
Well, if none of them has complied after all these years, why would we expect them to start now? We can't even count on our federal government to enforce the rules.
07:54 PM
starryeyes83 says
Careful Yellow Snow, that's what I said twice and was deleted for it.
07:53 PM
starryeyes83 says
Now who am I personal attacking?
That guys t-shirt says it all doesn't it?
Obviously, the SR has its' own agenda.
06:50 PM
Yellow Snow says
Look at his SHIRT! We will not comply? That's the way to convince someone you should be able to stay illegally. What if US citizens decided not to "comply" with federal laws, where do you think we'd end up?
05:46 PM
starryeyes83 says
Moderators have removed this comment because it contained personal attacks. Discussion Guidelines04:59 PM
Pete says
The reason the Fed is so bent out of shape about the Arizona law is that a state actually had the gall to defend itself from a foriegn invader. They do NOT like a state taking up issues on their own. They (the current adminstration) believes that all matters are best handled by those in Washington, not an individual state. They are completely bent out of shape that a state would want to take care of an issue that the Federal Goverment is much better at taking care of yet has completely and totally failed to handle
04:43 PM
outsider says
Why are we worried about infringing on the rights of illegals? How about we stand up for American citizens and the laws already on the books.
03:04 PM
starryeyes83 says
Moderators have removed this comment because it contained racist or discriminatory remarks. Discussion Guidelines01:34 PM
mikel says
isn't it funny that the us gov wants/demands that bp pays for the oil spill for the irrepairable harm it has done to this country? then why not demand the mexican gov pay for the harm their citizens have done to this country? the mexican gov advocates this practice because of all of the money the illegals send back home to their families. so, what do you say prez, send mexico a bill today!
01:20 PM
ragtop66 says
I do not understand why so many are against AZ enforcing laws that are not only already on the books but for their own salvation, especially the government.
And I guess I do not understand why the government wants to grant amnesty to the illegals.....they've already proven they're capable and will break our laws.
My ancestors came from Germany, but, they entered this country LEGALLY. What is so hard to understand about LEGAL?
If you have nothing to hide, why make such a big deal out of having to show proof of identity.