Breaking: 9th Circuit refuses to lift stay order of AZ District Court blocking SB 1070

Posted by AzBlueMeanie:

Breaking news report from the Arizona Republic, Arizona immigration law: Court refuses to lift stay:

A federal appeals court is refusing to lift a stay blocking major parts of a tough Arizona law targeting illegal immigrants from taking effect.

The 9th U.S. Circuit Court of Appeals on Monday turned down an appeal filed by Gov. Jan Brewer. Brewer asked them to lift an injunction imposed by a federal judge in Phoenix the day before the law was to take effect on July 29, 2010.

Link to Opinion. http://www.ca9.uscourts.gov/datastore/opinions/2011/04/11/10-16645.pdf (87 pages).

Give me a chance to read it. There was only a partial dissent by Circuit Judge Carlos T. Bea. Stay tuned.

UPDATE: The San Francisco Chronicle reports Appeals court blocks Arizona immigration law:

A federal appeals court refused today to let Arizona enforce the main provisions of its immigration law, which would require police to demand documentation from people they suspect of being in this country illegally.

In a 2-1 ruling, the Ninth U.S. Circuit Court of Appeals in San Francisco agreed with a federal judge's decision that the law would conflict with federal regulation of immigration. The Obama administration sued Arizona to stop the law from taking effect after the state passed it one year ago.

The law "interferes with the federal government's authority to implement its priorities and strategies in law enforcement," Judge Richard Paez said in the majority opinion.

He said the law has also harmed U.S. foreign relations, citing protests from numerous Latin American nations – notably Mexico, which has cited it in delaying a proposed agreement on responding to national disasters – and the United Nations secretary general.

In relations with other countries, "the federal nation must speak with one voice," said Judge John Noonan, who also voted against the measure.

Judge Carlos Bea dissented, saying Congress "intended state and local police officers to participate in the enforcement of federal immigration law."

The appeals court ruling affirmed the preliminary injunction enjoining enforcement of SB 1070 Secs. 2(B), 3, 5(C) and 6 issued by U.S. District Judge Susan Bolton in July 2010, and remanded the case back to the U.S. District Court.