State Capitol News
9:44 am
Tue January 7, 2014

Brewer Asks Supreme Court to Allow SB 1070 Enforcement Provision

Gov. Jan Brewer asked the U.S. Supreme Court Monday to let the state enforce a 2010 law making it a crime to knowingly transport or harbor those in the country illegally. Arizona Public Radio’s Howard Fischer reports.

Gov. Jan Brewer
Credit Politico

Gov. Jan Brewer asked the U.S. Supreme Court Monday to let the state enforce a 2010 law making it a crime to knowingly transport or harbor those in the country illegally. Arizona Public Radio’s Howard Fischer reports.

The measure, part of SB 1070, makes it illegal for someone to transport, conceal, harbor or shield anyone unlawfully present in this country, or “encourage or induce the alien to come to or live in Arizona.” A trial judge and a federal appeals court issued an injunction after concluding it is likely an illegal infringement by the state into an area exclusively reserved for the federal government. But, gubernatorial press aide Andrew Wilder said the lower courts got it wrong.

“Arizona shouldn’t be precluded by federal law from taking action to address criminal activity within its borders that affects the health, welfare and safety of its residents and citizens,” Wilder said.

And, John Bouma, Brewer’s attorney, said states always have been able to enforce federal laws. But, that argument did not wash with the 9th Circuit Court of Appeals. Judge Richard Paez said what Arizona wanted was to have its own system for prosecuting violators. He said that could even result in Arizona prosecuting people for helping the DREAMers the Obama administration has said can stay but who Brewer, in denying them driver's licenses, continues to insist are not legally authorized to be in this country.