Appeals Court: Ariz. Immigration Law Likely Unconstitutional

Tuesday, 12 Apr 2011 09:23 AM

 

Share:
  Comment  |
   Contact Us  |
  Print  
|  A   A  
  Copy Shortlink

PHOENIX — A federal appeals court on Monday refused to lift a stay blocking major parts of Arizona's immigration law from taking effect and said the federal government is likely to be able to prove it is unconstitutional.

The 9th U.S. Circuit Court of Appeals turned down an appeal filed by Gov. Jan Brewer. She had asked the appeals court to lift an injunction imposed by a federal judge in Phoenix the day before the controversial law was to take effect on July 29, 2010.

The U.S Justice Department sued to block the law, saying it violates the U.S. Constitution because enforcing immigration law is a federal issue.

U.S. District Court Judge Susan Bolton issued an injunction preventing four major parts of the law from going into effect pending a trial. Monday's ruling by the three-judge panel upheld that injunction.

The appeals court said the government is likely to succeed in its arguments that Congress has given the federal government sole authority to enforce immigration laws, and that the Arizona law violates the Supremacy Clause of the Constitution.

Brewer's lawyers said the federal government hasn't effectively enforced immigration law and that the state law will assist federal authorities.

Parts of the law blocked from taking effect while the case works its way through the courts include a provision requiring police to question people's immigration status while enforcing other laws if there is a reasonable suspicion they're in the country illegally. Other provisions placed on hold would require all immigrants to obtain or carry immigration registration papers; make it a state criminal offense for an illegal immigrant to seek work or hold a job; and allow police to arrest suspected illegal immigrants without a warrant.

In a separate opinion concurring with the panel's ruling, Appeals Court Judge Carlos Bea noted the intent of the state statute is clear and goes beyond what federal law allows.

"If we read Section 1 of the statute, the statute states the purpose of providing a solution to illegal immigration in the United States. So read, the statute is a singular entry into the foreign policy of the United States by a single state," he wrote.

The passage of S.B. 1070 last year reignited an immigration debate that has simmered in Arizona and across the nation for years.

Opponents of the law protested in the streets as it was about to take effect and called for a boycott of the state. Proponents called the law a long overdue effort by a state that has been overburdened by illegal immigration and a lack of federal action on the issue.

© Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Share:
  Comment  |
   Contact Us  |
  Print  
  Copy Shortlink
Around the Web
Join the Newsmax Community
>> Register to share your comments with the community.
>> Login if you are already a member.
blog comments powered by Disqus
 
Email:
Retype Email:
Country
Zip Code:
 
Hot Topics
Follow Newsmax
Like us
on Facebook
Follow us
on Twitter
Add us
on Google Plus
Around the Web
You May Also Like

Back From Kiev, Rep. Pompeo Says Putin Wants to 'Control Ukraine'

Thursday, 24 Apr 2014 13:56 PM

Following a recent trip to Ukraine, Rep. Mike Pompeo of Kansas told Newsmax that while the final outcome of the ongoing  . . .

Obamacare Provision Allows Treatment Without Payment

Thursday, 24 Apr 2014 13:31 PM

Doctors and hospitals, not patients, will be on the hook for people who don't pay their Obamacare insurance premiums, Fo . . .

GOP Backing Off Support for Cliven Bundy After Racist Remarks

Thursday, 24 Apr 2014 11:12 AM

Republican leaders are backing off their support of Nevada cattle rancher Cliven Bundy after he made a series of inflamm . . .

Most Commented

Newsmax, Moneynews, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, NewsmaxWorld, NewsmaxHealth, are trademarks of Newsmax Media, Inc.

 
NEWSMAX.COM
America's News Page
©  Newsmax Media, Inc.
All Rights Reserved