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Brewer asks court to let SB 1070 take effect

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Brewer asks court to let SB 1070 take effect

  • Brewer
    Sundials by Carmichael/FlickrBrewer

Gov. Jan Brewer asked a federal court Tuesday to allow Arizona's SB 1070 to take effect July 29.

The governor asked U.S. District Court Judge Susan Bolton to not grant the federal government's request for a preliminary injunction to halt enforcement of the state's new anti-illegal immigration law.

"SB 1070 is Arizona's legitimate and constitutionally permissible response to the crushing personal, environmental, criminal, and financial burdens thrust upon the State as a consequence of illegal immigration and the lack of comprehensive enforcement activity by the federal government and certain Arizona "sanctuary" cities," the motion said.

The motion claims the federal government will not suffer harm if the law is implemented. The Justice Department's request for an injunction said that enforcing the law would cause harm to the nation's ability to institute a uniform immigration policy, and interfere with diplomatic relations with foreign countries.

The state "crossed a constitutional line" when it enacted the law, Justice said in a press release when it filed the suit July 6..

The federal government maintains that SB 1070 "disrupts federal enforcement priorities and resources that focus on aliens who pose a threat to national security or public safety," and "conflicts with and undermines" national immigration policies, the suit says.

The brief filed in the case says the government seeks to "declare invalid and preliminarily and permanently enjoin the enforcement of S.B. 1070."

The federal suit is based on the concept of preemption - that federal powers provided by the Constitution can't be contravened by the states.

"My filing today makes clear that the federal government will suffer no harm if SB 1070 is implemented because the Act requires only that Arizona's law enforcement officers act in accordance with their constitutional authority and congressionally established federal policy," Brewer said in a press release.

The 48-page filing says that "Enjoining the enforcement of SB 1070 would inflict significant and tangible, irreparable harm upon the State and its citizens."

Among the documented harms demonstrated by the State herein are:

(i) Citizens, including police officers and their families, are exposed to injury and death;

(ii) Individuals are subjected to the presence of drug cartels and criminal activity; and

(iii) Citizens are denied the use of public lands deemed unsafe and dangerous.

The filing was prepared by the private law firm Snell & Wilmer. Brewer hired the firm after requesting that her possible opponent in the gubernatorial election, state Attorney General Terry Goddard, step aside in the case.

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