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Arizona immigration law appeal set for November

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Illegal immigrants cross the border as they are deported from Arizon to Nogales, in the Mexican state of Sonora, July 29, 2010. REUTERS/Alonso Castillo

Illegal immigrants cross the border as they are deported from Arizon to Nogales, in the Mexican state of Sonora, July 29, 2010.

Credit: Reuters/Alonso Castillo

PHOENIX, Arizona | Sat Jul 31, 2010 1:18am EDT

PHOENIX, Arizona (Reuters) - A U.S. court denied a request for an expedited hearing on Friday and instead set a November date for Arizona's appeal to a federal court ruling that blocked key parts of a state law cracking down on illegal immigration.

Lawyers for Arizona and Governor Jan Brewer had asked the 9th U.S. Circuit Court of Appeals in San Francisco on Thursday to lift an injunction blocking the most intrusive parts of the law, known as SB 1070, asking for the appeal to be handled quickly.

But the court denied the state's request to expedite the appeal and set a hearing for the week of November 1.

Tensions over the law have inflamed a decades-long national debate over immigration, which promises to play into the elections in November, when President Barack Obama's Democrats are fighting to retain control of Congress.

U.S. District Court judge Susan Bolton on Wednesday blocked the law's most controversial elements, arguing that immigration matters are the federal government's responsibility.

The appeals court on Friday set an August 26 date for Arizona's opening brief, with the government's response on September 23. The court said it would not grant any extensions of time to file briefs "absent extraordinary and compelling circumstances."

A spokesman for Governor Brewer did not immediately respond to a request for comment. The case was widely expected to go all the way to the U.S. Supreme Court.

The state's Republican-controlled legislature passed the law three months ago to try to drive nearly half a million illegal immigrants out of Arizona and stem the flow of human and drug smugglers over the border from Mexico.

It drew wide popular support in Arizona and across the United States but was opposed by Obama and human rights groups.

Several hundred Hispanic and labor activists blocked streets and access to a jail in Phoenix on Thursday, after a weakened version of the law came into effect, and police arrested 71 people.

Protests against the law continued on Friday, when several activists were arrested in Maricopa County, according to local news reports. A rally by backers of the measure is set for Saturday outside the state capitol in central Phoenix.

Among blocked provisions of the law was one requiring a police officer to check the immigration status of anyone stopped or detained if the officer believed they were not in the country legally.

Immigrants would also have been required to carry their documents at all times and undocumented workers would have been forbidden to solicit work in public.

(Reporting by Tim Gaynor, editing by Philip Barbara)

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Comments (24)
epigonigrp wrote:
Per federal law, immigrants are already required to carry their immigration papers with them at all times.

So it is very curious why this portion of the law was struck down. It makes me wonder just how knowledgeable this judge actually is regarding immigration law.

Good luck on appeal AZ, because really, this nation must simply rid itself of these undesirables.

Jul 31, 2010 1:54am EDT  --  Report as abuse
jvonrock wrote:
Obama wanted transparency, he’ll be seeing plenty from Americans, most of which are aware of the trouble here and abroad with illegal immigrants.
This isn’t an oil spill, war, or debt that he can distance himself from. Wishy-washy hasn’t worked here. People are arriving from central america as well by the 100’s and we missed a crazy guy in pink underwear on a plane and made such a big deal.

If I were here illegally, I think I would go back and be one of the first in line to get in. I feel sorry for the guy from bolivia with a 2nd grade education heading to america. there are millions, We are a family that Loves, but we can’t afford any surprise children right now.

Jul 31, 2010 2:42am EDT  --  Report as abuse
McBob08 wrote:
It was struck down because it was the state trying to do Federal Law Enforcement’s job. It’s a waste of time and money. I thought Republicans want less government money spent? So much for that idea.

It’s possible to crack down on illegal aliens without going the Nazi route. That law would have forced *LEGAL* Latino or Latino-looking citizens to provide proof that they’re citizens or else spend time in jail. That’s discrimination, it’s racist, and it’s against the Constitution. People try to claim that it’s not racial profiling, but you better believe that you aren’t going to see any white people being forced to show proof of residency by Arizona cops!

You want to crack down on Illegal Immigrants? That’s fine. It’s complete and utter insanity because America can’t run without it’s semi-slave Alien Labour, but it’s your state. Just do it within the confines of the Constitution, Federal Law and State Jurisdiction. Once upon a time, Americans fought and died to guarantee the rights of the citizens of America. It’s a shame those days are long gone.

Jul 31, 2010 6:19am EDT  --  Report as abuse
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