Salon.com > Paul Davenport

Arizona going to Supreme Court over immigration

Mon, 09 May 2011 18:25:00 +0000

Arizona Gov. Jan Brewer wants 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 appeal comes after Brewer lost an initial appeal April 11, when a three-judge panel of the 9th U.S. Circuit Court of Appeals refused to reverse a lower court's order that prevented key parts of the law from being enforced.

The U.S. Justice Department filed a lawsuit in a bid to invalidate the law.

Brewer's lawyers have argued the federal government hasn't effectively enforced immigration law and that the state's intent in passing the law was to assist federal authorities.

The U.S. Justice Department has argued the law intrudes on its exclusive authority to regulate immigration and burdens legal immigrants.

Less than a day before the law was to take effect in July, U.S. District Judge Susan Bolton blocked key provisions of the law from being enforced.

Those included 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.

Ariz. seeks online donations to build border fence

Sun, 08 May 2011 21:41:00 +0000

Arizona lawmakers want more fence along the border with Mexico -- whether the federal government thinks it's necessary or not.

They've got a plan that could get a project started using Internet donations and prison labor. If they get enough money, all they would have to do is get cooperation from landowners and construction could begin.

Gov. Jan Brewer recently signed a bill that sets the state on a course that begins with launching a website to raise money for the work.

Arizona -- mired in a budget crisis -- is already using public donations to pay for its legal defense of the SB1070 illegal immigration law.

Part of the marketing pitch for donations could include providing certificates declaring that individual contributors "helped build the Arizona wall," Smith says.

Arizona governor vetoes college campus gun bill

Tue, 19 Apr 2011 14:39:00 +0000

Arizona Gov. Jan Brewer has vetoed a bill that would have allowed guns on public rights of way on public university and community college campuses.

Brewer, a Republican, has signed other major gun rights measures over the last two years. But she said in her veto message Monday that she rejected the campus bill because it was "poorly written."

The governor says the measure didn't define a public right of way and could have been interpreted to apply to K-12 schools in addition to universities and community colleges.

The bill originally would have allowed the carrying of concealed weapons in buildings, including classrooms. The Senate amended it partway through the legislative process to apply only to rights of way.

Texas lawmakers are considering legislation similar to the original Arizona bill.

Immigration stance boosts Arizona governor’s chances

Sun, 08 Aug 2010 17:30:00 +0000

As the year began, Arizona Gov. Jan Brewer faced a competitive field of fellow Republicans who wanted her job, with some GOP critics sensing she was particularly vulnerable as she sought voter approval of a sales tax increase she'd proposed to shore up the state budget.

All of that began to change in April, when she signed a tough new state law cracking down on illegal immigrants, which soon put Arizona at the heart of a rabid national debate on immigration. Now, with Arizona's Aug. 24 GOP primary just two weeks away, not only she is riding high, but she can confidently boast of an enviable reputation among conservatives across the country.

"She essentially flipped the whole election," said Matthew Jette, the only candidate still actively campaigning against Brewer. "She was pretty much dead last, except if you count me."

All of the prominent challengers have either withdrawn or stopped actively campaigning. And while early polling had put Brewer 20 points below the presumptive Democratic nominee, Attorney General Terry Goddard, recent polling had her leading him by that much.

And Republican candidates in other states have been welcoming her endorsements.

Judge hears arguments on Arizona immigration law

Thu, 22 Jul 2010 21:31:00 +0000

A judge held two hearings in a courtroom packed with spectators and top Arizona officials Thursday on whether the state's new immigration law should take effect amid a flurry of legal challenges against the crackdown.

Arizona Gov. Jan Brewer attended the second hearing, as did the U.S. Attorney for Arizona, Dennis burke.

Judge Susan Bolton did not issue a ruling at the end of the first hearing. The afternoon hearing focused on the U.S. Justice Department requesting a preliminary injunction blocking key sections of the law from taking effect next week.

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. She said the law has a section allowing parts to still take effect even if other parts are struck down.

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.

Arizona immigration law faces new road blocks

Thu, 29 Apr 2010 12:18:00 +0000

A referendum drive and a lawsuit have emerged as potential road blocks to Arizona's tough new law on illegal immigration that has thrust the state into the national spotlight.

The legal action set to be filed Thursday in federal court is aimed a preventing enforcement of the controversial measure, while the ballot question could put it on hold until 2012.

Signed last week by Republican Gov. Jan Brewer, the law requires local and state law enforcement to question people about their immigration status if there's reason to suspect they're in the country illegally, and makes it a state crime to be in the United States illegally.

A draft of the proposed lawsuit obtained by The Associated Press shows the National Coalition of Latino Clergy and Christian Leaders will seek an injunction preventing authorities from enforcing the law. The group argues federal law pre-empts state regulation of national borders, and that Arizona's law violates due-process rights by allowing suspected illegal immigrants to be detained before they're convicted.

Other Hispanic and civil rights groups, including the American Civil Liberties Union and the Mexican American Legal Defense and Educational Fund, are also planning lawsuits. And U.S. Attorney General Eric Holder has said the federal government may challenge the law.

Groups try to delay Arizona immigrant law

Wed, 28 Apr 2010 22:40:00 +0000

A referendum launched Wednesday could put Arizona's tough new law targeting illegal immigration on hold until 2012 if organizers can gather the more than 76,000 signatures needed to get the measure on the ballot.

Opponents of the law have until late July or early August to file the signatures -- the same time the law is set to go into effect. If they get enough signatures, the law would be put on hold.

But the deadline to put a question on the November ballot is July 1, said Assistant Secretary of State Jim Drake, so it would likely be 2012 before the law was put to a vote.

"That would be a pretty big advantage" to opponents of the law, said Andrew Chavez, head of a Phoenix-based petition circulating firm and chairman of the One Arizona referendum campaign.

The law, which thrust Arizona into the national spotlight since Republican Gov. Jane Brewer signed it last week, requires local and state law enforcement to question people about their immigration status and makes it a state crime to be in Arizona illegally.

At least three Arizona cities are considering lawsuits to block the law. Phoenix Mayor Phil Gordon said the measure would be "economically devastating," and called on the city council to sue the state to stop it from taking effect.

Advocacy groups see racial profiling in A.Z. immigration bill

Sat, 24 Apr 2010 16:05:00 +0000

Arizona's governor vows the state's tough new law targeting illegal immigration will be implemented with no tolerance for racial profiling, but at least two advocacy groups were preparing legal challenges and Mexico has warned that the law could affect cross-border relations.

Republican Gov. Jan Brewer on Friday signed into law a bill that supporters said would take handcuffs off police in dealing with illegal immigration in Arizona, the nation's busiest gateway for human and drug smuggling from Mexico and home to an estimated 460,000 illegal immigrants. The law requires police to question people about their immigration status -- including asking for identification -- if they suspect someone is in the country illegally. It's sparked fears among legal immigrants and U.S. citizens that they'll be hassled by police just because they look Hispanic.

With hundreds of protesters outside the state Capitol shouting that the bill would lead to civil rights abuses, Brewer said critics were "overreacting" and that she wouldn't tolerate racial profiling.

"We in Arizona have been more than patient waiting for Washington to act," Brewer said after signing the law. "But decades of inaction and misguided policy have created a dangerous and unacceptable situation."

Arizona governor signs immigration enforcement bill

Fri, 23 Apr 2010 21:40:00 +0000

Gov. Jan Brewer ignored criticism from President Barack Obama on Friday and signed into law a bill supporters said would take handcuffs off police in dealing with illegal immigration in Arizona, the nation's gateway for human and drug smugglers.

With hundreds of people surrounding the state Capitol, protesting that the bill would lead to civil rights abuses, Brewer said she wouldn't tolerate racial profiling. She said critics were "overreacting."

Obama said earlier Friday that he's instructed the Justice Department to examine the Arizona bill to see if it's legal, and said the federal government must enact immigration reform at the national level -- or leave the door open to "irresponsibility by others."

"That includes, for example, the recent efforts in Arizona, which threaten to undermine basic notions of fairness that we cherish as Americans, as well as the trust between police and their communities that is so crucial to keeping us safe," Obama said.