judge bolton Archives - KEYTLaw's Blog

Federal District Court Dismisses Several Challenges to SB 1070

The following is the text of a December 10, 2010, press release from Arizona Governor Jan Brewer:

“Governor Jan Brewer today announced that the federal district court has granted her motions to dismiss the challenges to SB 1070 filed by Phoenix police officers David Salgado, Corbet Clack, and Paul Dobson and Chicanos Por La Causa, Inc., and the National Coalition of Latino Clergy and Christian Leaders et al. The court also dismissed several claims filed by the United States against the State of Arizona.

“I am pleased with today’s decisions,” stated Governor Brewer. “I strongly believe that the citizens of Arizona will ultimately prevail in all of these legal challenges. My defense of the rule of law will continue as vigorously as ever.”

The Arizona Legislature enacted SB 1070 primarily to require that Arizona’s law enforcement officers cooperate in the enforcement of federal immigration laws and, pursuant to the State’s broad police powers, to adopt state crimes that mirror existing federal laws. These laws were duly passed by the Arizona Legislature to protect the citizens of Arizona from the federal government’s failure to enforce the immigration laws effectively.

In today’s orders Judge Susan Bolton agreed with the Governor that the Phoenix police officers, Chicanos Por La Causa, and all of the plaintiffs in the National Coalition of Latino Clergy and Christian Leaders action lack standing to bring the suits and rejected every one of their standing arguments.”

Arizona Governor Jan Brewer’s Statement about Court Order Staying Enactment of Arizona’s

Here is the text of Arizona Governor Jan Brewer’s press release of July 28, 2010, about federal district Judge Susan Bolton’s order staying parts of SB 1070, Arizona’s illegal immigration law:

“I am disappointed by Judge Susan Bolton’s ruling enjoining several provisions of “The Support Our Law Enforcement and Safe Neighborhoods Act” — SB 1070; though I am heartened by some
findings – including the ban on sanctuary cities.

“This fight is far from over. In fact, it is just the beginning, and at the end of what is certain to be a long legal struggle, Arizona will prevail in its right to protect our citizens. I am deeply grateful for the overwhelming support we have received from across our nation in our efforts to defend against the failures of the federal government.

“I have consulted with my legal counsel about our next steps. We will take a close look at every single element Judge Bolton removed from the law, and we will soon file an expedited appeal at the United States Court of Appeals for the 9th Circuit.

“For anyone willing to see it — the crisis is as clear as is the federal government’s failure to address it.

“The judge herself noted that the stash houses where smugglers hide immigrants from Mexico before bringing them into the country’s interior have become a fixture on the news in Arizona and that, ‘You can barely go a day without a location being found in Phoenix where there are numerous people being harbored.’”

“When I signed the bill on April 23rd, I said, SB 1070 – represents another tool for our state to use as we work to address a crisis we did not create and the federal government has actively refused to fix. The law protects all of us, every Arizona citizen and everyone here in our state lawfully. And, it does so while ensuring that the constitutional rights of ALL in Arizona are undiminished – holding fast to the diversity that has made Arizona so great.

“I will battle all the way to the Supreme Court, if necessary, for the right to protect the citizens of Arizona. Meanwhile, I also know we still have work to do in confronting the fear-mongers, those dealing in hate and lies and economic boycotts that seek to do Arizona harm.

“We have already made some progress in waking up Washington. But the question still remains: will Washington do its job, and put an end to the daily operations of smugglers in our nation, or will the delays and sidesteps continue? I believe that the defenders of the rule of law will ultimately succeed with us in our demand for action.”

Text of Judge Susan Bolton’s Preliminary Injunction in US vs. Arizona

Those of you who want go delve into the finer points of law regarding United States District Judge Susan Bolton’s ruling of July 28, 2010, in the matter of U.S. vs. State of Arizona that stays the enforcement of parts of Arizona’s illegal immigration law known as SB 1070, should read the entire 36 page Order. Here are some of the Judge’s ending remarks:

“If enforcement of the portions of S.B. 1070 for which the Court finds a likelihood of preemption is not enjoined, the United States is likely to suffer irreparable harm. This is so because the federal government’s ability to enforce its policies and achieve its objectives will be undermined by the state’s enforcement of statutes that interfere with federal law, even if the Court were to conclude that the state statutes have substantially the same goals as federal law. . . . The Court thus finds a likelihood of irreparable harm to the interests of the United States that warrants preliminary injunctive relief.”

. . .

“If Arizona were to enforce the portions of S.B. 1070 for which the Court has found a likelihood of preemption, such enforcement would likely burden legal resident aliens and interfere with federal policy. A preliminary injunction would allow the federal government to continue to pursue federal priorities, which is inherently in the public interest, until a final judgment is reached in this case.”

. . .

“The Court therefore finds that preserving the status quo through a preliminary injunction is less harmful than allowing state laws that are likely preempted by federal law to be enforced.”