Brewer Wants To Enforce More Provisions Under SB 1070

January 07, 2014

Gov. Jan Brewer is asking the United States Supreme Court to let the state enforce a provision of SB 1070 it has been prevented from enforcing by a federal trial judge and the Ninth U.S. Circuit Court of Appeals. That provision makes it illegal for a person to transport, conceal, harbor or shield an undocumented immigrant, or provide incentive for that person to come to or live in Arizona.

The courts have so far said that allows the state to step into an area exclusively reserved for the federal government. But gubernatorial press aide Andrew Wilder says the courts have it wrong.

Arizona shouldn't be precluded by federal law from taking action to address criminal activity within its borders that affects the health, welfare and safety of its residents and citizens,” Wilder said.

The governor’s attorney, John Bouma, says the states have always been able to enforce federal laws. But appellate court Judge Richard Paez says what Arizona wanted was its own system for prosecuting violators.

And he says that could allow the state to prosecute those the Obama administration has allowed to remain in the U.S. under the Deferred Action for Childhood Arrivals program, using the governor’s contention they are not legally authorized to be in this country.