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SB1070 Violates Federal Laws: US Court
 Paul Elias - Associated Press
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November 03, 2010
San Francisco – Arizona’s immigration law faced tough scrutiny from a federal appeals panel this week as the state’s governor appeared in person to support the controversial provision on the day before the election in which she sought her first full term. The 9th U.S. Circuit Court of Appeals signaled it was ready to toss out the provision of Arizona’s law that criminalizes the failure to carry immigration papers showing lawful residency in the United States.
But the three-judge panel didn’t tip its hand over which way it was leaning on other provisions of the state law that touched off a national furor when Arizona Gov. Jan Brewer signed it April 23. The federal government filed a lawsuit soon after to invalidate the measure.
U.S. Deputy Solicitor General Edwin Kneedler argued that the provisions in question violate laws making immigration enforcement the exclusive domain of the federal government. Kneedler said that requiring local law enforcement officials to check the immigration status of everyone they suspect as being an illegal immigrant takes away from their investigatory discretion. He also said the law intrudes upon foreign policy and diplomacy, areas that are left for the federal government.
Less than a day before the law was to take effect, U.S. District Judge Susan Bolton blocked key provisions, including a requirement that immigrants carry immigration papers. On Monday, Judge Carlos Bea told Kneedler “I don’t think you have to spend a whole lot of time” arguing the unconstitutionality of that provision.
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