http://stream.publicbroadcasting.net/production/mp3/knau/local-knau-932464.mp3
Phoenix, AZ – In July U.S. District Court Judge Susan Bolton issued an
injunction, placing several sections of SB 1070 on hold while the
case makes its way through the legal system. She concluded there
is evidence they are preempted by federal law. This morning
attorney John Bouma who is representing the governor argued to a
appeallate panel the problem with that is the federal government
isn't doing its job, especially away from the border.
(Once an immigrant, an illegal alien, is in the United States,
the chances of removal are so low that, basically, cross the
border is the same as crossing the finish line.)
That rhetoric did not impress Judge Carlos Bea.
(Mr. Bouma, let's forget about what arguments you might address
to a jury or to a legislature. Tell us how Judge Bolton was
wrong.)
Bouma argued that all Arizona is doing is enforcing federal
immigration laws. For example, he said there's nothing wrong with
one provision of SB 1070 which makes it a crime for anyone not in
this country legally to seek work in Arizona. But Bea pointed out
federal law only makes it a crime to hire an illegal immigrant,
not to be one working here. On the other side, Judge John Noonan
had some pointed questions for assistant U.S. Attorney General
Edwin Kneedler, particularly about his contention that it's
illegal for Arizona to have a law requiring police to check with
federal authorities every time there is reasonable suspicion that
someone they have stopped is in this country illegally.
(That's not a matter of preemption. If the federal government
wants to preempt this field, Congress can say so. We cut off
communications. We don't want to have this information sought.
But it hasn't done so.)
The judges gave no indication when they will rule on the matter.
In San Francisco, for Arizona Public Radio this is Howard
Fischer.