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Federal appeals court appears to support some parts of Arizona's immigration law and reject others

Immigrationreform
A federal appeals court that is reviewing Arizona's tough new immigration law appeared inclined Monday to permit the state to require police to investigate the immigration status of people they have legally stopped but also seemed ready to reject more punitive provisions giving the state enforcement powers.

A three-judge panel of the 9th Circuit Court of Appeals, meeting in San Francisco, appeared likely to rule that Arizona may require police in certain situations to investigate a person’s immigration status if there is reasonable cause to suspect that person had committed a crime.

But the panel also seemed to agree with a lower court ruling that other provisions of Arizona’s law were "preempted" by the federal government's sole authority to regulate immigration.

The court appeared likely to reject provisions that would make it a state crime for a person to not carry immigration papers and that allows for criminal punishment of illegal immigrants who seek work in Arizona.

“This is going to be a mixed verdict,” predicted UC Hastings Law Professor David I. Levine, noting that the law may ultimately be rendered meaningless.

About 200 demonstrators turned up outside the court, with about half opposing the Arizona law and the others backing the legislation. Arizona Gov. Jan Brewer also attended the proceedings.

The 9th Circuit judges chosen randomly to hear Arizona's appeal are John Noonan, an appointee of Ronald Reagan and a moderate; Richard Paez, a Bill Clinton appointee and the son of Mexican immigrants; and Carlos Bea, an appointee of George W. Bush who was born in Spain and once was ordered deported from the United States. Bea appealed and won.

A decision by the 9th Circuit panel could be appealed to a larger circuit panel and then to U.S. Supreme Court. The three-member panel’s ruling could come within weeks or months.

-- Maura Dolan in San Francisco

Photo: Jeff Chiu / Associated Press

 
Comments () | Archives (132)

What's so troubling is that the Justice system is purposefully sending these kinds of cases to judges with huge biases. They've sent this to a former illegal alien to review. Just like they sent the ban on gay marriage law to a gay judge.
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There's no objectivity and no one (especially the Times) is talking about it.

..."willing and able to take the law in to our own hands." Care to clarify and elaborate on what that means?

I find it interesting that the 9th Circuit Court of Appeals is meeting in San Francisco a self proclaimed "Sanctuary City". Just an observation.

The current administration (in less than two years) has deported more illegal immigrants than from the years 2003-2008. The INS is doing a better and better job every month. If it's doing its job EVEN BETTER than before, how is that "not doing its job?"

We need REAL immigration reform NOW.

So does this mean Kalifornia going to boycott themselves?

Illegal aliens have no right to live and work in America. Let us hope the courts allow the states to act to identity and detain criminal aliens for their due deportation. America already has enough criminals. We do not need these undesirables here.

At least someone's got the good sense to gut the state penalties out of it.

This bill was nothing more than a subsidy for the corporations that would run the private jails AZ wants to use to hold immigrants. This won't fix immigration and AZ knows it, but their politicians figure that at least they can make a national drama into political contributions from CCA and jobs for the white people who would be running these places

The States Arizona was not represented by a competent constitutional lawyer. The man didn't make that much sense, had difficulty remembering and stating the reason why Arizona had a right to pass that law and enforce it within it's borders.
I didn't see the entire proceedings.
Arizona should have hired a more activists and articulate lawyer and demonstrated that its authority to pass the Arizona Law was based on the 10th Amendment which grants States all those rights not granted to Congress and not expressly prohibited to the States.
The 10th Amendment doesn't prohibit States from enforcing immigration/citizenship/ ID checks and maintain law and order within its borders.
It would be interesting to know how a Judge Carlos Bea, a Spaniard and Judge Richard Paez ,a Mexican (But White) will rule!
Will Carlos Bea side with John Noonan?

This is a case where the interests of non-U.S. citizens have been elevated over the interests of U.S. citizens...and the vast majority of the American people don't like it one bit. This issue is killing the Democratic Party nationwide...maybe not in California, but it is nationwide. Democrats are blatantly pandering to a few pro-illegal immigration activists in a misguided attempt to attract Hispanic votes. Republicans do the bidding of big business that wants cheap labor. Illegal immigrants do not have any right whatsoever to U.S. jobs and they depress American wages. Government resources intended for Americans are spent on non-U.S. citizens instead, leaving less and less for U.S. citizens. Schools, hospitals and jails are overcrowded. There is NOTHING racist about demanding that our immigration laws be enforced and our borders respected. Our borders are wide open to terrorists and drug gangs alike. Drug-related violence is starting to seep across our border and into the U.S. The only losers in this frustrating and tragic farce are the American people.

When the Feds cannot/ won't do what they need to do , what can we do?

It is a shame how the illegals end up voting, having anchor babies , getting state support for food , housing and education and end up paying no taxes .

How can we sustain? In a couple of decades this will become the "United States of Illegal Immigrants"

@jhmoore
Ok Batman. Then we will take the law into our own hands and stop you. Wait... isn't that anarchy? Oh well, who needs laws anyways. You don't seem to care about them, so why should I Lol!

It is ridiculous that a federal judge would rule against immigration laws. No on is against immigration, but most Americans are against ILLEGAL (I know, they don't like that word) immigration. The borders must be secured, all illegal immigrants need to be deported, and the federal judge should rule that the police are authorized to check the status of any person, whether they are whie, black, Hispanic, Asian or other, at any time!!! Period. Get rid of illegal immigrants. We want ONLY immigrants who legally come to this country. Period.

Since when does one state judge another...?
Let Arizona do what's best for Arizona.

This country is big enough for you to move to any liberal or conservative place you want... with plenty in between.

and besides... from what I've read, most Illegals from Mexico are coming to Chicago...
That town can handle the load of illegals... I know... I have been living here for over half a century...

This is what happens when you let a sizable majority of illegals into the country, they don't adapt, they are a drain on public and medical services, they send most of their money out of the country, they fill the jails and run up the crime rate but worst of all, they have such utter contempt for our country that they spit on us, laugh at us for being such utter fools, their contempt spilling over into such rage over our established institutions that the absolute last thing that they would ever consider is becoming good citizen of the United States of America.
Rather than waste our fine military forces on useless wars thousands of miles from our shores, they should deploy our troops on the borders to stop the flood of these aliens from overrunning our country and eventually reduce us to second or even third rate status in the eyes of the rest of the world.

Randomly chosen? Really? Or is that supposed to be an ironic statement?

It is about time!!!!!!!!!!

I really feel like protestors lose their credibility when they don't spell check their signs

@ Jon K: "What's so troubling is that the Justice system is purposefully sending these kinds of cases to judges with huge biases. They've sent this to a former illegal alien to review. Just like they sent the ban on gay marriage law to a gay judge."

You mean someone who was deported, and who deportation was later overturned as unlawful, by the established laws?

You mean by a conservative judge appointed by Bill Clinton, the president who signed DOMA into law, and who has never claimed to be gay?

The orientation of the judge does not alter the legality of the situation. If the defendants disagree with the judge's decision, then the issue will get appealed. If the Supreme Court still rules against it, then frankly, you can suck it.

Our country is being invaded by millions of foreign nationals. Our economy is suffering, our state and federal government is bankrupt. Americans are losing their jobs and homes, struggling to feed their families. Our government continues to import a million legal immigrants a year. Our government also imports 1.5 million foreign workers thru various VISA programs. When you add in millions of illegal aliens, is it any wonder our nation and people are broke with little hope of recovering? ALL law enforcement officers should be able to enforce ALL of our nation's laws! We must enforce our immigration laws with ZERO tolerance for anyone breaking them. Implement a mandatory E-Verify program nationwide. Impose a moratorium on ALL immigration until our economy recovers. The free ride is over, we're broke. ILLEGAL ALIENS GO HOME!

If we remove all descendents of birther babies without American Indian blood from Arizona, by Thanks giving, there would be no one living in Arizona. We could then open the flood gates to immigrants and let all the homeless squatters in the Nation into Arizona, they will think they hit it rich! The birther babies of old immigrants would have been given huge wake-up call now finding themselves in the reverse situation as 'ol time immigrants and oiginating birthers that have forgotten their own history with impudence!

Regardless of what happens to the Arizona law, we need to grant amnesty immediately to all illegals. Why? In conjunction with the latest changes to health car regulations, citizens will be prohibited to using hospital emergency rooms for regular health care, as these people do now. Ever go to an emergency room for a real emergency?? There are lots of Hispanic looking people waiting to see the doctor for a cold, sore throat, etc. All citizens will be forced to carry insurance and use the insurance system or doctors and clinics.

An additional benefit will be the downward pressure on wages as millions more workers will be legally able to get a job. And they will finally pay their fair share of taxes.. What was once a $20 per hr cash job will become a $15 per hr paycheck.

Two of the three judges are biased and will render most parts of the Arizona law meaningless.......this is called a "stacked deck"....what happened to the law that says illegals have committed a crime by being in the U.S. without proper authorization?......so if they are illegal they have committed a crime and when stopped should be immediately deported instead of the Obama policy of forgetting about them and allowing them to stay.......

Hmm, may be when making a sign people should check their spelling? Just a thought.

is VE TOE some kind of fungus?

funny, i had to read the L.A. Times to find out we have protestors downtown again today.

but @Loic? you've been watching too much propaganda election commercials.

"nothing more than a subsidy for the corporations that would run the private jails" - possibly A reason, but get real.

and who said privately run prisons shouldn't make money? THATS WHY WE TOOK THE RUNNING OF THEM AWAY FROM THE GOVERNMENT. duh. and your state (and every other state) has privately run prisons as well, so there.

think for yourselves and stop believing the propaganda.

 
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