Judge lets lawsuit on Arizona immigration law proceed

Angelhair

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Aug 22, 2009
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(CNN) -- A federal judge is allowing to proceed a lawsuit by nonprofits and the American Civil Liberties Union challenging the constitutionality of Arizona's controversial immigration law.

U.S. District Court Judge Susan R. Bolton rejected a request by Gov. Jan Brewer, Maricopa County Sheriff Joseph Arpaio and other defendants to dismiss the case. The judge issued her order on Friday.

Home to the busiest border crossing for illegal immigration, Arizona has passed a sweeping law allowing police to check a person's immigration status while officers enforce other laws, and which criminalizes people who fail to carry "alien registration papers." That law also is referred to as Senate Bill 1070.

The lawsuit filed by the nonprofit Friendly House, the ACLU and other advocacy and labor groups is one of several challenging the law. The U.S. Justice Department also has filed a lawsuit.

While dealing a setback to the defendants, the judge also ruled against the plaintiffs who had sought an injunction against the law. Bolton called that request "moot" because in the Justice Department suit, the court already has issued a preliminary injunction against the more controversial provisions of the law. In Friday's ruling, the judge also threw out a few of the plaintiffs' claims for "lack of standing."

Under that earlier injunction, the court has already blocked police from asking about immigration status and the provision requiring alien registration papers. The stay also suspends a provision making it a crime "for an unauthorized alien to solicit, apply for, or perform work" and another provision "authorizing the warrantless arrest of a person" when there's a reason to believe that person might be subject to deportation.

But other parts of the law have gone into effect, including a ban on so-called sanctuary cities and the criminalizing of hiring day laborers who are undocumented migrants.

Judge lets lawsuit on Arizona immigration law proceed - CNN.com
 
What goes around, comes around...
:clap2:
Arizona sues US government over illegal immigrants
Sat, Feb 12, 2011 - Arizona is counter-suing the US government, charging that Washington has failed to protect it from an invasion of illegal immigrants and related violent crime, Arizona Governor Jan Brewer said on Thursday.
The lawsuit, which seeks US federal compensation, is in response to a federal lawsuit filed by US President Barack Obama’s administration last year challenging Arizona’s enforcement of a new immigration law along the US-Mexican border. “Our citizens have lived with this dark cloud for too long ... It’s time for the federal government to do its job and secure the border,” Brewer said as she announced the lawsuit outside the federal courthouse in Phoenix. The lawsuit notably charges that the US federal government has failed to reimburse Arizona for more than US$760 million in costs for incarcerating illegal immigrants.

“While control of the border is a federal responsibility, illegal aliens who successfully cross the border and commit crime in Arizona become an Arizona responsibility,” Arizona Attorney General Tom Horne said. Brewer said the boundary between Arizona and Mexico remains a dangerous place despite stepped-up enforcement along the nearly 4,900km border by federal authorities. She also cited the recent death of a US Border Patrol officer as evidence of illegal incursions across the border by criminal drug cartels. “Our border and immigration system are still broken,” she said.

The lawsuit also seeks compensation from the federal government for the cost to the state of securing the border. Brewer claimed fighting illegal immigration had cost the state more than US$1 billion, funds the state simply does not have while facing a serious budget crisis. She said that the legal action was being paid for with private funds and is not costing taxpayers. Horne said he expects the lawsuit to be settled in the US Supreme Court. However, other state officials challenged Brewer over the merits of another legal fight with the government.

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I don't understand why these lawsuits are going on in federal court. States have sovereign immunity and cannot be sued in federal court without their consent. Is AZ giving their consent to be named in suit? If so, what they Hell kinda game are they trying to play?
 
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