Arizona Governor Jan Brewer tonight will file her opening brief on behalf of the State of Arizona with the Ninth Circuit Court of Appeals, asking the court to lift the federal district court's injunction of certain portions of SB 1070 and to allow the entire law to go into effect.
Despite acknowledging SB 1070's purpose of combating "rampant illegal immigration, escalating drug and human trafficking crimes, and serious public safety concerns," Judge Bolton suspended certain provisions of SB 1070. The Governor's brief argues that Judge Bolton abused her discretion in granting the President's request for injunctive relief because the decision applied the wrong legal standard and was based on hypothetical and speculative harm.
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. The President and United States Department of Justice have made clear through this lawsuit that the current federal policy is to ignore major portions of the immigration laws and to block efforts by the States to protect the lives, limbs, health, comfort and quiet of their citizens.
"This federal judge's decision applied the wrong legal standard and ignored key provisions of federal law that empower states to enforce immigration laws," stated Governor Brewer. "The decision to suspend portions of SB 1070 has caused irreparable harm to the safety and well-being of Arizona's citizens who continue to suffer every day that the federal government refuses to do its job."
The district court earlier this week granted Governor Brewer's motion to dismiss a separate challenge to SB 1070 in Frisancho v. Brewer, on the grounds that the challenger lacked standing to bring the suit. "I am
pleased with the court's decision to dismiss this lawsuit and I am confident that orders of dismissal will be forthcoming in the other lawsuits, whose plaintiffs also lack standing to bring the suits", said Governor Brewer.
Following its filing this evening at the 9th Circuit, a copy of the Governor's court filing will be available at www.azgovernor.gov.