Posted: Apr 11, 2011 5:24 PM
Updated: Apr 11, 2011 6:35 PM
TUCSON - A federal court deals another blow to supporters of Arizona's controversial immigration law SB 1070.
On Monday, judges from the Ninth U.S. Circuit Court of Appeals refused to lift a stay blocking major parts of Arizona's law from taking effect.
Arizona Attorney General Tom Horne believes the public should be upset by some of the judge's reasoning. Horne says, "They gave a lot of credit to the fact that foreign governments objected. And they listed all these mostly Latin American governments that objected to SB1070. And I agree with the dissent which I think said eloquently that foreign governments should not have a heckler's veto."
On the other side, immigration rights activists are relieved that the most controversial parts of 1070 remain on hold.
Activist Isabel Garcia says, "From our perspective, at least we still have a breather that this law is not about to be implemented and that is our real big fear."
Professors at the University of Arizona Law School say Arizona has several legal options for what to do next.
Law Professor Andy Silverman says, "The state may ask the Ninth Circuit what's called an en banc hearing, a larger panel to hear this case. Or they can go try to get the United States Supreme Court to hear this case now."
Law Professor Jack Chin expects the case could go all the way to the top. Chin says the Ninth Circuit judges disagreed with other judges about whether state and local police can arrest people for immigration violations.
Chin explains, "The Tenth Circuit seems to say that state and local police can make arrests for immigration violations, civil immigration violations. The Ninth Circuit has now clearly said they can't. And a split in the circuits is one of the reasons the Supreme Court will review a case."
Governor Jan Brewer says she and her legal team are considering their legal options. Eventually she believes the constitutionality of SB 1070 will be upheld.
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