Phoenix, AZ – Judge Susan Bolton said last month that some parts of SB 1070 are
likely unconstitutional. These include requiring a police officer
to make a reasonable attempt to check the immigration status of
those they have stopped, forbidding police from releasing anyone
they have arrested until that person's immigration status is
determined, and making it a violation of Arizona law for anyone
not a citizen to fail to carry documenation. Bolton said she
cannot let the law be enforced until there is a full-blown trial.
Brewer sees it differently.
(We feel that we weren't treated fairly, of course, in the court.
But we thought she did it on a speculative manner. And we have
filed in the 9th Circuit and are hoping we can get a stay on
In issuing the injunction, Bolton cited the burden on individuals
who might be improperly stopped and the harm letting Arizona
enforce its own possibly illegal immigration law might cause. But
Brewer said the judge ignored the other side of the argument.
(I think the state's irreparable harm is that our illegal
immigration continues to be very damaging to Arizona. And we
certainly cannot sustain it or afford it. And the people of
Arizona are frustrated and upset.)
The appellate court is set to hear arguments the first week of
November. For Arizona Public Radio this is Howard Fishcer.