According to Senator Pearce’s memorandum
(Case No. 10-cv-01413-SRB), filed by Judicial Watch on July 20, 2010:
The law of
this Circuit is clear. In 1983, the U.S. Court of Appeals for the Ninth
Circuit held that nothing in federal law precludes a city from
enforcing the criminal provisions of immigration law. Gonzalez v.
City of Peoria,
722 F.2d 468, 476 (9th Cir. 1983). By enacting Senate Bill 1070, as
amended by House Bill 2162 (“SB 1070”), the Arizona legislature simply
codified already existing enforcement provisions of federal law that has
been the law of the land in some regard for more than fifty years.
By seeking
to enjoin Sections 1-6 of SB 1070 from taking effect, Plaintiff seeks to
overturn 20 years of precedent. Plaintiff also asks that this Court
ignore Congress’ intentions that states and localities play a vital role
in immigration enforcement efforts…Plaintiff’s motion is without merit
and a preliminary injunction is not warranted.
|