Gov. Jan Brewer on June 29 appealed a federal judge’s injunction against the core provisions of S1070.
Attorneys for Arizona filed a motion asking the Ninth U.S. Circuit Court of Appeals for an expedited appeal on U.S. District Judge Susan Bolton’s ruling that blocked several key sections of the state’s strict new immigration law.
Brewer is asking that the injunction be lifted and S1070 be allowed to go into effect as a whole while the state and federal government await a final ruling on the case.
The state is asking the appellate court for oral arguments to be held on Sept. 13. Its attorneys said it is critical for the Ninth Circuit to move quickly on the appeal because of the harm that Arizona will suffer as a result of unchecked illegal immigration if S1070 is not implemented.
“Illegal immigration is an ongoing crisis the state of Arizona did not create and the federal government has refused to fix,” Brewer said in a press statement. “Our state taxpayers cannot sustain the outrageous costs of illegal immigration, and its continued erosion of our time-honored legal immigration traditions.”
In its motion, the state said that the sole issue for the Ninth Circuit to consider is whether Bolton “relied on an erroneous legal premise or abused (her) discretion” in ruling that S1070 was likely to cause the federal government irreparable harm by infringing on its authority to enforce federal immigration laws.
Bolton on July 28 blocked several provisions that made up the heart of S1070 from going into effect as scheduled the following day, including a section requiring police to check the immigration status of all suspected illegal immigrants, and another making it a violation of state law to be in the United States illegally.