Arizona Governor Jan Brewer is pressing on in her legal battle over the state’s 2010 immigration law. In legal papers filed with the 9th U.S. Circuit Court of Appeals, the governor’s lawyers took the first steps to argue that federal Judge Susan Bolton was incorrect earlier this month when she concluded it is illegal for Arizona to make a state crime out of harboring illegal immigrants. Brewer and her lawyers want that order reversed.
Bolton originally had found the provision legal in her first ruling two years ago before concluding earlier this month that was a mistake.
At the heart of the battle is a section of SB 1070 that would create a separate crime for someone who is violating any other law to also transport or harbor an illegal immigrant, or to encourage or induce someone to illegally come to or live in the state. The law requires that someone knows the person is in this country illegally or recklessly disregard that fact.
Gubernatorial press aide Matthew Benson said his boss believes this is an important tool for law enforcement. “We’re talking about the transport and harboring of illegal immigrants,’ he said. “That’s something that leaves a path of crime and violence all over our state.’