Attorneys for Arizona Governor Jan Brewer filed their opening brief with the U.S. Supreme Court in her appeal of a ruling that blocked enforcement of the most controversial portions of Arizona’s immigration enforcement law.
Governor Brewer’s attorneys are asking the Supreme Court to overturn a ruling that blocked sections of S.B. 1070 from coming into effect, including a provision that allows police to check the immigration status of anyone who has been arrested, stopped or detained whom an officer reasonably suspects to be in the country illegally.
The Supreme Court will hear arguments on S.B. 1070 on April 25, 2012.
In a written statement issued on Monday, the governor said that the debate is not solely about Arizona’s immigration law. “Rather, it is for the constitutional principle that every state has a duty and obligation to protect its people, especially when the federal government has failed in upholding its core responsibilities,” Brewer stated. Arizona believes that S.B. 1070 is a lawful supplement to, rather than unconstitutional invasion of, the federal government’s comprehensive immigration laws.
How the Supreme Court rules will likely affect similar laws in Alabama, Georgia, South Carolina, Indiana and Utah.
Brewer lost her first appeal in April when a three-judge panel of the 9th Circuit Court of Appeals rejected her request to overturn a July 2010 decision by U.S. District Judge Susan Bolton. In that case, Judge Bolton blocked key provisions such as the requirement that immigrants obtain and carry registration papers, yet she allowed other parts to take effect, such as a ban on obstructing traffic while seeking or offering day-labor services on streets.
Governor Brewer’s attorneys argued that the Arizona immigration law doesn’t impose new immigration standards, but rather seeks utilization of state resources to enforce federal rules. Brewer’s attorneys wrote, “They suggest that immigration is so different from every other area of law that even parallel efforts at cooperative law enforcement are forbidden.” In the past, the federal government has argued that S.B. 1070 intrudes on federal authority to regulate immigration, disrupts U.S. and Mexico relations, impedes cooperation between state and federal officials, and burdens illegal immigrants.
No matter the outcome decided by the U.S. Supreme Court, the Phoenix immigration law firm of Alcock & Associates will be following this appeal as it develops. The immigration attorneys of Alcock & Associates are committed to helping individuals with consular processing and unlawful presence questions. For a consultation with an immigration attorney or any immigration questions in general, please call (602) 989-5000 or log on to 184.108.40.206/~alcocklaw.
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