Arizona Sends Immigration Case to Supreme Court
- Posted on August 11, 2011 at 6:30am by
Jonathon M. Seidl
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Gov. Jan Brewer.
PHOENIX (AP) — Arizona Gov. Jan Brewer filed an appeal Wednesday with the U.S. Supreme Court to overturn a ruling that put on hold key parts of the state’s immigration enforcement law.
The appeal comes as Brewer faced a deadline for contesting a district court’s decision that, among other things, barred a requirement that police – while enforcing other laws – question the immigration status of those they suspected of being in the country illegally.
Brewer lost her first appeal in April when a three-judge panel of the 9th Circuit Court of Appeals rejected her request to overturn the decision. The nation’s highest court has discretion on whether to hear her appeal. It will likely be three months before the Supreme Court decides whether to hear arguments in the case.
Lawyers for the governor argued that Arizona bears the brunt of America‘s border problems and that the 9th Circuit’s decision conflicts with Supreme Court precedents and with immigration decisions from another appeals court. The 9th Circuit had said the federal government is likely to be able to prove the law is unconstitutional and likely to succeed in its argument that Congress has given the federal government sole authority to enforce immigration laws.
The governor said in a written statement that her appeal raises issues that apply to other states. “It’s about the bedrock constitutional principle of federalism under which states have the inherent authority to protect the safety and welfare of their citizens,” Brewer said.
The U.S. Department of Justice, which sued Arizona in a bid to invalidate the law, declined to comment on Brewer’s appeal.
Her appeal said the federal government hasn‘t heeded the state’s pleas for tougher immigration enforcement and therefore leaves Arizona open to illegal border crossings that result in the state having to eat the costs of educating illegal immigrants at K-12 schools, jailing illegal immigrants convicted of state crimes and providing health care for illegal border-crossers.
Brewer‘s lawyers pointed out that police in the Arizona border city of Nogales had warned their officers in the summer of 2010 to carry guns when they weren’t at work after smugglers threatened to retaliate against off-duty officers who stopped a vehicle that was carrying marijuana.
The appeals said the 9th Circuit’s decision suggests there is almost nothing the state can do to supplement inadequate federal immigration enforcement.
“The 9th Circuit, essentially, is almost looking for something in federal statute that gives states permission to take steps to deal with the problem” while Arizona contends states have that power unless federal law prevents them from doing so, Brewer attorney Paul Clement said in an interview.
In the past, the federal government has argued the law intrudes on its exclusive authority to regulate immigration, disrupts relations between the U.S. and Mexico, hinders cooperation between state and federal officials and burdens legal immigrants.
Kevin Johnson, law school dean at the University of California-Davis and an expert in immigration law, said there’s a good chance that the Supreme Court will hear the case. “In this case, you have some conflicting lower court decisions and pressing policy issues,” Johnson said.
Less than a day before the law was to take effect in July 2010, U.S. District Judge Susan Bolton blocked key provisions from going into effect, including also a requirement that immigrants get and carry registration papers.
But Bolton allowed other parts, such as a ban on obstructing traffic while seeking or offering day-labor services on streets.
The law was passed in April 2010 amid years of complaints that the federal government hasn’t done enough to assist Arizona, the nation’s busiest illegal entry point, with border security. The legislation inspired protests, led to lawsuits seeking to overturn the law and a debate about whether the law would lead to racial profiling.
Brewer filed a lawsuit earlier this year against the federal government that alleges that Washington has failed to control the Arizona-Mexico border and enforce immigration laws. Federal authorities are seeking the dismissal of that lawsuit.
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Comments (62)
palerider54
Posted on August 11, 2011 at 6:55pmMy solution is to build two fences, could be inexpensive barbed wire fences, about 100 yards apart.
Place machine gun towers every 1000 yards.
Kill any human being caught between the two fences, no mater what.
End of problem.
Report Post »PASSIONFORCHRIST
Posted on August 11, 2011 at 7:43pmHey palerider54, I COMPLETELY AGREE! BRING OUR TROOPS HOME AND PUT THEM AROUND THE UNITED STATES BORDER LINES!!!!!!!!!!!!
Report Post »palerider54
Posted on August 11, 2011 at 8:12pmThanks PASSIONFORCHRIST, (Great screen name)
At least our troops would be actually protecting us instead of sacraficing their lives to just be targets for radical Islam.
Heck we could man the towers with volunteer milita for that matter.
Only rule would be if you see someone in between the two fences, (the killing zone) KILL THEM.
No matter who they are, what they are doing, which direction they are going, KILL THEM.
It would stop the drug problem, end the illegal immigrant taking our jobs problem, stop the hemorrhaging of money going south problem.
Report Post »bumpbs
Posted on August 12, 2011 at 12:01amI hate to say it, but both Bush and Obama have failed. We are coming up on the 10 year anniversary of 9/11 and our borders are still open and these illegals are coming through in record number.
Report Post »The Third Archon
Posted on August 12, 2011 at 11:11pmWell you’re just clearly insane. That would look really good on CNN or the BBC–America murders helpless civilians as they cross the desert. If you are going to suggest a solution, why don’t you try to make it suitable to this century and not the 12th. That would never fly. And it’s completely retarded–if you presuppose that there are enough people to man all the machine gun turrets, then those people could conceivably stop and arrest, or at the very least prevent the entry, of the people you are proposing we categorically and without reservation, murder (you do know children are sometimes brought across right? Would you murder them too, or just their parents?)
Report Post »EqualJustice
Posted on August 11, 2011 at 6:47pmI won’t hold my breath with the extremely liberal courts we have these days. It shouldn‘t make a difference since they don’t LEGISLATE from the bench, right? WRONG.. they DO.
Report Post »tmplarnite
Posted on August 11, 2011 at 5:12pmAny illegal picked up by the police should have all property confiscated; cars, bank accounts, houses etc, etc. sell all to help defray illegal costs!
Report Post »Servant Of YHVH
Posted on August 11, 2011 at 5:52pm@tmplarnite
Report Post »I like both your posts and one other thing would be to have “all property confiscated; cars, bank accounts, houses etc, etc” of everyone that is helping them and also the ones that hire them.
Obama Been Lauding
Posted on August 12, 2011 at 6:36amSecure the border!!!!
Report Post »Fine all businesses that knowingly hired an “Illegal Alien”!!!!
Arrest all “Illegals”, and confiscate all assets and money!!!!
Use “Fine Money” to pay for additional ICE agents, and border security!!!!
Use confiscated funds to “Redistribute The Wealth”, by pooling moneys’ for deportation expenses!!!!! “We The People”(taxpayers and citizens of the U.S.) should not have to pay for “Illegals” transportation!!!! They got here on ‘Their Dime’, let them return home on ‘Their Dime’!!!!!
Stop all government funds from being used for Anchor Babies, education, entitlements, health care, etc.!!!!
As this plan is being implemented, you will see the unemployment rate drop!!!!
You will also see our deficits, from local to federal government, drop by some $1-$2 TRILLION!!!!
Imagine that!!!!!!
tmplarnite
Posted on August 11, 2011 at 5:10pmStart shooting illegal parasite trespassers and drug runners the onslaught will stop fast!
Report Post »ConservativeHitman
Posted on August 11, 2011 at 3:03pmI say build a electrical fence with just enough voltage too give a person a nice shock and make them think twice about trying too climb it
Report Post »Drakkhanlord
Posted on August 11, 2011 at 1:56pmWant to do something For your Country…?
Take your friends , Your weapons and go and Defend the Border.
It is obvious this BS govt is not going to do anything…
Want something done , Do it yourself.
Me and Mine have been chasing illegals away from the border for years …Make no mistake , it is dam dangerous …
Fun part is , if come across a bunch of illegals , they will be better Armed than you are…Courtesy of the US Govt…On the upside , might obtain some nice new weapons for yourselves…
Just FYI , during the day ,traffic is light …but the snakes are very active. Need to wear Long Boots or Leathers to protect from bites…
Live Free . Die Well…
(Am speaking of the Texas Border ,, Have no idea of the travel habits of illegals in other States)
Report Post »roni024
Posted on August 11, 2011 at 2:22pmHow bout this…
Build concrete forms all along the border and pour a solid concrete wall that is 6‘ thick and 14’ tall. Mount solar panels all along the top of it to generate electricity. It will produce as much power as the Hoover Dam, and satisfy the “green-ies” at the same time.
Report Post »roni024
Posted on August 11, 2011 at 2:36pmJust ran some numbers…
The Hoover Dam was poured with 4.4 mil yds of concrete, and generates 4.2 bil kWh/yr.
A 6‘x14’ wall running the entire southern border would be 1969 mi long. It would take 28,877,511 yds of concrete (plus re-bar, etc) to construct. If topped continuously with solar panels would generate 272 mil kWh/yr. More cost to build and less energy produced than the dam, but serving a dual purpose. Not to mention all the jobs it would create (Can you say “shovel-ready”?) and all the money it would save by letting our taxes support our citizens and not those of a foreign land.
“But, what would stop illegals from just climbing over the wall” you ask? Why, the continuous line of windmills mounted right along side it would chop any determined illegal to spicy bits. Consider the added energy from the windmills. And, if the bits fall on our side of the border, we can burn them for energy. This would minimize our dependency on coal.
Report Post »ashestoashes
Posted on August 11, 2011 at 3:09pmIf this was still the good ole USA….. well really, if this were still the good ole USA we wouldn’t even be having this problem now would we? Brewer could…if we still had a legitimate government , do a reverse lawsuit along with filing papers for impeachment..but with all the liberals in positions of power..that is pretty much futile.Gotta hand it to them… they certainly had a master plan. This blue print has been in the making for a long long time. Fill the country with illegals, Somali’s, and muslims…give them all free stuff, and watch heads roll. Just like the rest of the world’s unrest. Obama…the “peacemaker”
Report Post »Drakkhanlord
Posted on August 11, 2011 at 3:35pmWith the money barry has given away we could have built a 300 ft wall around the United States…
If wanted Jobs created , Could have put millions of Americans on the Border …
will it ever happen …NO.
Report Post »Drakkhanlord
Posted on August 11, 2011 at 3:35pmnice ideas tho…keep thinking
Report Post »an irishgal
Posted on August 11, 2011 at 12:51pmThe border is open by design. The demise of America is by design. It is not that Obama and the likes don’t get it. Rather it is that you, whom don’t get it…THEY ARE ON PURPOSE, ON TARGET with their mission. Get it, understand it…this is by design since 1913, and yes, indeed the Bush, Clinton, and list goes on and on. The “one world order”…the gov. knows if America can‘t produce it’s own food, clothing and products we need to survive and prosper then we are held hostage by the enemy and we are. Designed toward the demise of America” freedom and liberties…and currency. Thank the gov. the 10% of the people voted while citizens slept. American you are being called upon to get educated and wake up. Know you the candidate…before you vote.
Report Post »LOJ
Posted on August 11, 2011 at 12:38pmArizona and the Border Patrol need our financial support. They should build the fence. The Sheriffs and the Governor are the last barricade between the Infiltration of Illegals and the Loss of America’s sovereignty.
Report Post »Seede
Posted on August 11, 2011 at 12:28pmNow the people know what started the so called civil war which was not a civil war at all. It started just like this has been going on in AZ. The DC gang wants the unlimited control of the states and the revenues of the people. Course we didn’t have a DC gang then but we still had the identical situation with the exception that the thirteen southern states that receded from the union, did so legally and had already set up their own Govt.when they were brutally invaded as a sovereign nation. Little told story isn’t it? Can happen again if this gang doesn’t straighten the mess out. One day this supreme court will fall just like the senate will fall. Both are useless and a detriment to free people. The states were intended to be self governing without interference from outside sources and that was the reason for the invasion of the United States invading the American Federation. .
Report Post »The Third Archon
Posted on August 12, 2011 at 11:20pmYou left out the part were they were seceding (not receding) so that the oppressive federal government (the “DC gang”) couldn’t take away their SLAVES. Or how they fired the first shot by attacking Ft. Sumter SC, because they were worried that the North would use the military base to fight a war to seize their SLAVES. The Confederacy were traitors to the Union–they betrayed the Constitution, if not by leaving, then certainly by waging a war against the legitimately elected government under aforementioned constitution. For being such “patriots” and “loving” the constitution so much, conservatives (at least some of them) have an odd fascination with a seditious bunch of traitors that rebelled against the legitimate government of the United States of America, committed acts of terrorism upon its citizens (although we gave back as good as we got), and was the aggressor to a bloody war in which many of the citizens of the USA lost their lives….oh yeah, and they kept SLAVES.
Report Post »justruth
Posted on August 11, 2011 at 11:46amIt’s way past time to conclude the obvious: Barak Obama is the sworn enemy of the United States of America. He has perjured himself relative to his oath of office. He has comitted treason. He is guilty of crimes against the American people. He is guilty of conspiring with America’s enemies. He is guilty of funding anti-America terrorist organizations. He is guilty of conspiring for the overthrow of the United States of America. He is guilty, guilty, guilty. He should be indicted, impeached, and thrown out of office.
Report Post »Preparing for civil Unrest
Posted on August 11, 2011 at 12:00pmAdreed Justruth agreed
Report Post »JoMo
Posted on August 11, 2011 at 5:37pmI simply cannot understand why he is allowed to remain in office with so many incidents of treason against our country. Each time I re read the constitution, it is SO CLEAR that he not only needs to be removed, but then prosecuted.
Report Post »Uechi
Posted on August 11, 2011 at 11:11amThe only thing missing from the caution sign is the hail of bullets,the bale of cannabis and bags of Meth. If you aren’t here legally get the Hell out of our country.
Report Post »godlovinmom
Posted on August 11, 2011 at 1:59pmVery misleading sign…they don’t usually tow their children behind them…they have those here…should be a bag of whatever they carry over the border, be it meth, pot or whatever!
Report Post »Junter
Posted on August 11, 2011 at 10:45am“federal government has argued the law intrudes on its exclusive authority to regulate immigration, disrupts relations between the U.S. and Mexico, hinders cooperation between state and federal officials and burdens legal immigrants.”
Stop the BS and enforce our laws! What good is a government that doesn‘t follow it’s own rules?
Report Post »rienheart
Posted on August 11, 2011 at 10:27amThe Supreme Court will rule against Arizona as well as Rule in Favor of Obamacare. They took away Property Rights a few years ago and they will soon take Arizona’s Right to protect themselves. The Supreme Court is in the Back Pocket of Obsama and the Leftist Soros. There will be NO Justice untill All Three Branches of Government including the 4th Estate (Main Stream Media) Has been Removed from office and Journalists are held accountable by the People for the LIES they have Perpetuated on the American People and The Stories they have Not Reported to Keep a Communist Agenda moving forward.
Report Post »paulz83toy
Posted on August 11, 2011 at 10:12amIf anyone would look at the numbers the reason we are broke and our healthcare system is broke is caused by these law breakers.!!!!!!!!!!!!!!!!!!!
Report Post »Kerri g
Posted on August 11, 2011 at 9:35amit’s time for states to take back their constitutional powers that were never relinquished to the fed. in the first place. The federal govt. illegally and unconstitutionaly took the power from the states making them irrelavant in the conversation. either enforce the laws of this country and do your sworn dutie to protect our country and our citizens or get the hell out of the way.
Report Post »shirtsbyeric
Posted on August 11, 2011 at 9:23am“Don’t worry, they’ll learn English. You have to make sure your kids learn Spanish!” – Obama
Report Post »bill oswald
Posted on August 11, 2011 at 9:07amI have come up with a simple solution to the immigation problem. Let’s convince the Obama adminisration that all the illegal immigrants and future illegal immigrants are going to vote Republican!
Report Post »loriann12
Posted on August 11, 2011 at 9:34amIt’s funny that they vote Democrat, as most hispanics are conservative. We need to get out what the real agenda is for the Democrats…..the brown man is the new slave, they’re for abortion, etc.
Report Post »rodamaa
Posted on August 11, 2011 at 9:35amBetter yet, that they are ultra right wing conservatives that hate Left leaning democrats
Report Post »nysparkie
Posted on August 11, 2011 at 9:04amSee the sign above in the article. That shows you are eligible for 5 points if you get all three.
Report Post »Two each for the adults and one for the kid. First to one hundred wins.
Edgar Friendly
Posted on August 11, 2011 at 11:07amI’ve only seen that Caution sign on I-5 near Camp Pendleton in San Diego. Always wondered what it was trying to convey. Thank you for explaining it so clearly. If it is the only sign of it’s kind, and it warns of people running across 8 lanes of 80+ mph traffic, why there?
Report Post »burr99
Posted on August 11, 2011 at 9:03amWow, what has happend to “States Rights”? How can Az, not have the right to protect it self from illegals? The 17th ammendment must be repealed! The states must empower themselvs aginst this oppressive federal government.
Report Post »sWampy
Posted on August 11, 2011 at 9:08amLincoln took states rights, and destroyed our freedom in the process, like Obama, he knew exactly what he was doing, and what the end results would be. One thing you can say about progressives is they think long term.
Report Post »kreese
Posted on August 11, 2011 at 11:06am@SWAMPY
You’re on to something—The Civil War was fought over States’ Rights and tariffs. The North didn’t mind getting the cheap raw materials form the South.
Report Post »The Third Archon
Posted on August 12, 2011 at 11:26pm@SWAMPY
Report Post »I’m sorry Swampy, but you aren’t “on to something” (although you may BE on something)–you are a moron. Lincoln, who was a Republican (ha ha ha), was not, as you imply, a Progressive…mostly because the Progressive movement didn’t start until about 50 years later. Now I will admit that what he DID was progressive…yes, taking away “states’ rights”…namely the rights of certain states to own SLAVES, and to keep them (slaves) as a permanent underclass, something they did anyway for roughly 100 more years after Lincoln. So…I don’t know what you miss…
junkmaninohio
Posted on August 11, 2011 at 8:49amThere will be no justice here. The Supremes will rule against Arizona dispite growing evidence that illegal immigrants are bankrupting the state and cause most of the crime therein. Arizona is the drug cartel’s super highway to the rest of America.
Report Post »Nepenthe
Posted on August 11, 2011 at 10:00amSCOTUS will rule against this because the specific section has racist undertones and is a clear violation of the 4th amendment.
Report Post »TheRealHip
Posted on August 11, 2011 at 8:49amI still think Odumbo should be impeached over this………..
Report Post »Nepenthe
Posted on August 11, 2011 at 9:59amImpeached over what? He has arrested, deported, and provided more border troops than any president before him.
Report Post »TomFerrari
Posted on August 11, 2011 at 8:44amMy LEGAL U.S. Citizen friend in California (born in Mexico), informs me that two of his ILLEGAL friends were so upset that they couldn’t earn a decent living in California, that they went BACK to Mexico, then, sneaked BACK into TEXAS.
If that weren’t bad enough…
He goes on to tell me that they could only get TEN DOLLARS AN HOUR doing lawn work in California, but, in TEXAS, they can get TWELVE DOLLARS AN HOUR, and, that like everyone they WON’T WORK FOR LESS THAN TWELVE DOLLARS AN HOUR ! ! !
So, what happened to the claim that they are only here doing jobs Americans WON’T DO?
Report Post »THEY won’t do jobs under TWELVE DOLLARS an hour !
Do you KNOW how many Americans would LOVE to have a job for TWELVE DOLLARS AN HOUR?
I have several unemployed American acquaintances. ALL of them would work for 12 dollars an hour.
Oh, they type of work? RIDING MOWERS and Weed-eaters.
The same thing we do every week for free!
TheRealHip
Posted on August 11, 2011 at 8:50amAnd they aren’t paying any tax on that…………..
Report Post »JMorcan
Posted on August 11, 2011 at 8:50amIllegal immigrants push labor prices down to levels U.S. citizens won’t work for. Many citizens have been pushed out of those jobs, but would do them again if the illegals were gone.
Report Post »dealer@678
Posted on August 11, 2011 at 8:54amWalk into any bank lobby in Texas and ALL the employees are mexicans. The anchor babies are grown up now and have taken those jobs from Americans
Report Post »sWampy
Posted on August 11, 2011 at 9:12amIt’s a many edged sword, cutting us from every angle. They lower our wadges, raise our crime rates, lower our home values, spread our school/medical resources thin, take money from welfare/food stamps programs that could go to deserving Americans, then send large portions of their income back to Mexico where it turns over in their economy rather than ours. All of this lowers the US standard of living while raising the standard of living in Mexico. ;-/
Report Post »Darla_K
Posted on August 11, 2011 at 11:02amAnd alot of people are looking at Rick Perry for our answers? What is his stance on illegals?
Report Post »RepubliCorp
Posted on August 11, 2011 at 8:11amhttp://www.ojjpac.org/memorial.asp Deport!
Report Post »scrapadapolis
Posted on August 11, 2011 at 8:07amIt’s also sad that to be in lawenforcment in the lower 48 you have to speak fluent spanish.Clue number 1. no english start packing!
Report Post »Bowmaster
Posted on August 11, 2011 at 7:54amWhy should any illegal have a job when Americans are out of work?
Report Post »Send them ALL packing!
Ben__Franklin
Posted on August 11, 2011 at 8:18amThey are future Democrat voters is why. The Democrats live off the Parasites that are killing its host – the Host is the American Tax Payers.
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