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Friday, April 26, 2024 | Back issues
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Arizona Appeals Order|Blocking Immigration Bill

(CN) - Arizona Gov. Jan Brewer asked the 9th Circuit on Thursday to lift a judge's order blocking the most controversial parts of the state's new immigration laws. U.S. District Court Judge Susan Bolton blocked parts of the law on Wednesday.

"America is not going to sit back and allow the ongoing federal failures to continue," Brewer said in a statement. "We are a nation of laws and we believe they need to be enforced. If the federal government wants to be in charge of illegal immigration and they want no help from the states, it then needs to do its job. Arizona would not be faced with this problem if the federal government honored its responsibilities."

Bolton blocked parts of the bill that required officers to check a person's immigration status. She also blocked the part of the law requiring immigrants to carry papers with them, as well as the part that made it illegal for undocumented workers to solicit employment in public.

"The court by no means disregards Arizona's interests in controlling illegal immigration and addressing the concurrent problems with crime including the trafficking of humans, drugs, guns and money," Bolton wrote. "Even though Arizona's interests may be consistent with those of the federal government, it is not in the public interest for Arizona to enforce preempted laws."

Brewer signed the Support Our Law Enforcement and Safe Neighborhoods Act into law on April 23. Seven days later, she signed into law a set of amendments to the bill.

As written, the law would require officers to check a person's immigration status, and allows officers to make a warrantless arrest if there is probable cause to believe the person committed an offense or is removable from the United States.

The law also would make it illegal for an illegal alien to apply for or carry registration papers, and banned unauthorized aliens from working.

The United States filed suit on July 6, challenging the law's constitutionality.

"By enforcing this statute, Arizona would impose a 'distinct, unusual and extraordinary' burden on legal resident aliens that only the federal government has the authority to impose," Bolton wrote.

She added that enforcement would place an unfair burden on the federal government.

"The number of requests that will emanate from Arizona as a result of determining the status of every arrestee is likely to impermissibly burden federal resources and redirect federal agencies away from the priorities they have established," Bolton wrote.

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