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Group asks Ninth Circuit to reverse ruling on Arizona immigration bill and to enforce bill immediately

Judicial Watch, a conservative judicial watchdog group, has filed a brief in the US Court of Appeals for the Ninth Circuit asking that court to reverse a preliminary injunction issued by a district court on July 28, 2010, that stayed enforcement of Arizona’s controversial immigration law and to allow all provisions of the law to be enforced immediately. The group filed the brief on behalf of the author of SB 1070, Arizona State Senator Russell Pearce.

The district court stayed enforcement of four of SB 1070’s key provisions pending a determination of their constitutionality. Judicial Watch claims that the bill’s requirement that police attempt to determine the immigration status of persons held in other matters does not impose new burdens, because law enforcement officials already have the discretion to make such inquiries. Moreover, claims the group, the bill does not change the conditions under which non-citizens may remain in the United States, nor does it give Arizona law enforcement personnel the power to determine whether a person is undocumented.

The brief goes on to allege that the district court denied Arizona law enforcement officers “the opportunity to reasonably interpret and apply the provisions in a constitutionally valid manner.”

Judicial Watch President Tom Fitton said, “The district court jumped the gun by invalidating components of the law on a purely speculative basis. It is shameful that the Obama administration has chosen to mount a legal assault against the State of Arizona for simply trying to protect its citizens.”

Judicial Watch has called for numerous investigations of alleged malfeasance committed by Obama Administration officials, top Democratic leaders and groups affiliated with the Democratic Party.