Tuesday, October 12, 2010

Judge denies Brewer's motions in SB1070 case | Immigration & SB 1070

Judge denies Brewer's motions in SB1070 case Immigration & SB 1070

A federal judge has denied motions by Gov. Jan Brewer and Maricopa County Sheriff Joe Arpaio to dismiss a lawsuit against Arizona's SB 1070, dealing with illegal immigration.

U.S. District Judge Susan Bolton ruled Friday that civil rights groups Friendly House and the American Civil Liberties have standing to bring the lawsuit because the "alleged harm to the organizational plaintiffs will occur if S.B. 1070 goes into effect, regardless of how it is enforced or applied," according to Court House News Service.

"While Governor Brewer correctly points out that, for the most part, the organizational plaintiffs' allegations involve threats of future harm, the threat of future harm is sufficiently imminent," Bolton ruled.

The Arizona Republic reports was not a one-sided ruling, however, as Bolton granted several of Brewer's motions.

For example, she did not find standing for two New Mexico residents who felt that their driver's licenses would deny them a constitutional right to travel because that state does not verify immigration status in issuing licenses.

She rejected arguments by the ACLU that forbidding illegal immigrants from soliciting work violated the First Amendment and that the language of the law was unconstitutionally vague.

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