Daily Archives: August 27, 2010

Arizona Legal Brief On SB 1070 Filed With Appeals Court

Brewer files brief appealing SB 1070 ruling.  Arizona Central.

Governor Jan Brewer of Arizona is stepping up to the plate again.  A legal brief has been filed to uplift the portions of Arizona SB 1070 that Judge Susan Bolton placed on hold. 

The four critical parts suspended by the Fed’s injunction.

  1. Requiring 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; requiring the immigration status of any person arrested to be determined before the person can be released.
  2. Creating a crime of failure to apply for or carry “alien-registration papers.”
  3. Allowing 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 U.S.
  4. Making it a crime for illegal immigrants to solicit, apply for or perform work.

The rationale.

Brewer’s argument to the appeals court is that Bolton “abused her discretion,” used the wrong legal standard to make her decision and based that decision on plaintiffs’ claims of hypothetical and speculative harm instead of real harm that would occur if SB 1070 were enacted.

Arizona Hits Back at Immigration Ruling.  Fox. 

“The decision to suspend portions of SB 1070 has caused irreparable harm to the safety and well-being of Arizona’s citizens who continue to suffer every day that the federal government refuses to do its job,” Brewer said in a written statement.

Let’s hope a state’s right to enact a law to protect itself can go ahead unimpeded.  Particularly when the law enacted runs parallel to federal law in place already.  Interestingly, if the federal goverment would do its job, then there would be no need for the state of Arizona be standing up for its rights like this now. 

Arizona SB1070 as amended by HB2162 PDF.