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

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

[Youth of America]

You see then the only problem with the id law is at the adminstrative level getting the nurses and school teachers to make sure that the kids parents are being placed on file. This is hard to do and becomes a total conundrum. You see if I really wanted to create a statute that impacted the illegal immigration, loss of welfare and jobs, along with the huge impact of illegal gangs the gigantic market for illegal substances I would not have gone that route.
I would have create a proper state based around idenitication by adminstrative personnel which would cost them their jobs if they did not properly id those folks coming in based on welfare systems. As such that is the place I would have worked on. All they are doing is creating hatred from the Latino population that have illegal immigrated family members here. Even though I have taked to many foreign immigrants that were not latino and they are just as upset at the latino illegal immigration as they had to go through years of paper work do tones of book work and prepare themselves to completely understand the social system of America before coming in.
So you want impact, place pressure on those that it matters. The people adminstrating it All this law does is something the police already had the right to do. Which is stop someone for committing a violation and then id them. However, the problem is it goes to far into the mind were it can be seen that the police can also stop a person without observing an infration based on tone color or socio economic dress.

Wrong way to go about thier folks.

[Tyrone]

Great photo.....exactly the type of trash we need to ship back to Mexico.....IMMEDIATELY!!

No matter how the Court rules.....time to demand that the Feds increase enforcement and do their job…build the fence and patrol it with lethal enforcement, and Congress must pass legislation allowing States to "assist" in the enforcement of existing laws if the Feds lack the manpower.

There is no need for "reform", just enforcement and criminal penalties for those who use fake identification/stolen SS numbers...as well as employers who knowingly hire illegals...there are plenty who simply turn a blind eye....time to make it hurt with enforcement of monetary sanctions and declining licenses.

[jsa26]

I am glad to see this winding its way through the courts. I'm sure the Supreme Court will get the case and we'll see how much of SB1070 is constitutional at that point.

The weakness of the Fed position is demonstrated by arguing SB1070 interferes with immigration policy rather than immigration law. Since AZ is not defining who is in the country illegally, it is not preemption of the Fed's sole right to make immigration law, but rather enforcement at the State level. This includes the requirement for immigrants to carry documentation, that is a Federal law.

It seems the Obama administration is saying it has the right NOT to enforce its own laws and to prohibit States from making any attempt to make concurrent laws.

[Concerned USA CItizen]

This once great country is going to hell in a hand basket. Illegals are tearing our country apart and nothing is getting done about it.

[John Gotti]

America, you are Sheep. And Mutton is on the Menu................

[Stephanie]

If you are going to protest in my country, please learn to spell in English, the official language of my country.

Veto

[Ted in California]

Large secions of southern AZ are no longer safe and Washington's fix are signs along the highway warning AMERICAN's not enter because travel is not recommended!

It is time to stop the insanity and TAKE BACK AMERICA! Stop illegal immigration and drug smuggling now!

Most that call for immigration reform are really saying let anyone come and break the laws they dont care about AMERICA!!

[ScathingRes]

This shouldn't even be debated.
No wonder most young people empathize with this:

http://www.youtube.com/watch?v=sZlhSY_5_fo

Go out and vote!!!

[Llomivi]

Peter and Capt. Howdy,
Next time, they will demand Spanish only.......

[Clo]

So who should review case law exactly? Or better who exactly are the un biased? Biggoted old white men who were born and raised in generations that taught intolarance against minorities? Yeah perfect huh? Better yet John K. the poster from below. Yeah perfect huh?

[bastante]

Millions of illegal aliens from ALL countries roam freely in the United States. Half of them came here legally on some type of visa,and then just didn't go home. THAT is the Federal Govts fault,and it is their duty under their oath of office to do something about it.Dont tell me its impractical to deport 12 million people.That is just an excuse to give illegals amnesty.There are constant statements that more have been deported in two years than in the previous eight years....SEE,IT CAN BE DONE.So the feds should continue,step up the pace,and in no time the ILLEGAL ALIENS will be gone.

[Don't deport immigrants........]

I am not an immigrant nor were my parents or grandparents. I am against you all. I'll tell you something, immigrants are one of the hardest working people on this earth. Not all are bad. None of you have a heart.Not all immigrants are criminals, they are here to have a better life for their families, who wouldn't want to be in our country...... there are also so many criminals that are citizens too..... so don't just attack the immigrants.

[Don't deport immigrants........]

I am not an immigrant nor were my parents or grandparents. I am against you all. I'll tell you something, immigrants are one of the hardest working people on this earth. Not all are bad. None of you have a heart.Not all immigrants are criminals, they are here to have a better life for their families, who wouldn't want to be in our country...... there are also so many criminals that are citizens too..... so don't just attack the immigrants.

[wewont get fooled again]

Now that rage has subsided,I see that you are perfectly within your right to have your border protected,and your laws respected. If we were not distracted by all this spin. We would realize that a Latino congressman fron Chicago has proposed a quite rational and practical immigration.Obama has even said that he wants to move forwrd. But the republicans have continued to play politics.

[Mitko Pitko]

One Citizen, One Vote!

Recently, there's been a lot said about voter registration, voter fraud and voter ID. Why is it
so difficult to implement a National ID and know who is who in this country.
Earlier last year, the US Supreme Court ruled, in an Indiana case, that states can require photo identification from voters. Not only should all states require a voter ID, we need to ensure that only eligible US citizens vote in order to prevent fraud.
It's about time we introduce a secure, tamper proof voter ID, like our neighbor to the South, Mexico, is doing since 2004.

"Mexico’s Instituto Federal Electoral (IFE) is an autonomous, non-partisan organization charged with ensuring free and fair elections.
In January, 2004, IFE entered into a four-year contract with Digimarc Corporation to design and supply secure, reliable voter ID cards to Mexican citizens in order to help ensure the ideal of “One Citizen, One Vote.”
In the three years since then, nearly 25 million credentials have been produced and Mexico’s voter ID card is now widely regarded as one of the most secure, reliable voter identification systems in the world.
So trusted is the integrity of Mexico’s voter ID credential that amid all the controversy surrounding the close presidential election on July 2, 2006, no one questioned the security, reliability, or authenticity of Mexico’s voter identification itself.
Indeed, Mexico’s voter ID has become the country’s de facto identification document and is readily accepted as positive proof-of-identity by merchants, banks, government officials, and citizens nationwide."

It's my opinion that we should communicate to our elected representatives that it's time they ensure One Citizen, One Vote, and implement Federal, tamper-proof, Voter ID.

And the Federal Government can provide stimulus money to issue cost Free IDs for all Citizens!

[JC Landis]

Yeah, "VETOE SB1070 NOW" - whatever that means, you liberal idiots. Arizona, like every other state, has the right to protect it's borders. If you don't like it, don't vote for it. If you're here illegally, well, you have no rights and can't vote because you're a criminal.

[wewont get fooled again]

congressman guteirezz has proposed a rational and reasonable imigration law.
Obama has said he wants to go forward with immigration reform. But once again the just say no,do nothing republican have obstructed progress.

Nice to see so many people coming to the realiztion that it is not racist to defend your borders,and ask that the laws be respected.

[Randy L AZ Resident]

No matter what's decided, illegal aliens, scum that they are, are leaving my state because of this law. Even as gutted as it, currently, is.

Illegals are immoral.

[jdh]

YEAH RIGHT, SIT THERE AND WATCH TV. BORDER WARS.LOL LIVE IN YOUR TV SHOWS . LOL

[jdh]

YEAH RIGHT, SIT THERE AND WATCH TV. BORDER WARS.LOL LIVE IN YOUR TV SHOWS . LOL

[ms1chats]

Reg: Mr. Gregory Rodriguez (Nov. 1, 2010 article & above)
How about just once, you call upon the Latino population to do some self recognition and educate themselves on the failures of Latin politics. Why it is so many generations of Latin people have been forced to leave their countries in order to find work. To not be constantly calling on all Latino illegal immigrants to educate themselves on the decades of political and social failure of the Latino world, you are ensuring, that Latinos will be dependent on America for decades to come. Pride should not be used to deny the lessons of history. Your articles constantly call for citizens of this state and country to change it’s mindset. When you should be calling for Latino’s to see how corruption and the acceptance of corruption has left most Latinos countries locked in poverty. Believing that America somehow owes you is what invokes malcontent from most Americans, not the color of the skin. America still has real opportunities but only through a stimulation and education.

[kate]

if they're going to check papers, they better be stopping every single person on the street. the way it works is racial profiling. i don't like in arizona, but while crossing the border from california into arizona, it was very clear how it worked. who gets stopped? a mexican woman and her daughter. meanwhile, the rest of us coast on through without a second glance from the cops. it is disgusting that this is how our country works. these people are not all scum. they aren't the only criminals in our country. most of them want to make a decent life for themselves and live in peace. aren't we over racism at this point?

[Freedom Now]

California Unemployment rate is over 12.5%. Legal American should be taking these jobs from the employer of undocumented workers. Where are the employment raids of 2 years ago from the Bush Adminstration? Employers of illegal Immigrates need to serve Jail sentence and fork over their businesses. The exploitation of employees for low wages is not what America is all about. Its time to double layer our southern borders.By keeping out Human smuggling. illegal sex trade,drug trafficing, illegal immigration, and Terrorist. Has anyone forgot we are @ War in Afganistan,Iraq and Pakistan?

[complete180]

And the Timee' agenda keeps rolling.

[Leilani in AZ]

@sebek - our SB 1070 is not a joke or a stunt. it is FORCING the Fed to do their job. which by the nature of their frivolous lawsuit they have already admitted and are on record as saying its THEIR (the Fed) job to secure our borders. so we'll be sending them an invoice and fighting them tooth and nail until they do just that - THEIR JOBS.

why should we, one state out of 50 (and other states do as well along the southern border) pay for all this crime, detention, law suits, representation, aid, schooling, ER expenses, welfare, etc. etc. out of our state taxpayer dollars but say someone in Idaho doesn't have to? if its the FED's job, then let EVERYONE pay for not just the few who happen to live along the violent borders. our state and local governments are broke. and we are sick and tired of Washington (whatever administration is in there) telling us we can't do what we have to do to protect the rights of our citizens and yet receiving a slap in the face when it comes to aid. consider it a state of emergency. and unless you're HERE, you have nothing to say about how we handle our problems. you know, since you aren't paying for it.