Arizona asks court to overturn immigration law injunction

The state of Arizona appealed to a federal circuit court in San Francisco today to overturn a ruling in which a U.S. trial judge on Wednesday blocked key parts of the state's new immigration law.

The state and Gov. Jan Brewer asked the 9th U.S. Circuit Court of Appeals for an expedited review of the case, with a hearing in mid-September.

The appeal seeks suspension of a preliminary injunction issued by U.S. District Judge Susan Bolton of Phoenix in a lawsuit filed by the U.S. Justice Department to challenge the law, known as SB 1070.

Arizona Gov. Jan Brewer announced the appeal with a statement in which she vowed to defend the law, saying, “I will not back down.”

“Illegal immigration is an ongoing crisis the state of Arizona did not create and the federal government has refused to fix,” Brewer said. “SB 1070 protects all of us, every Arizona citizen and everyone here in our state lawfully.”

Among other provisions, Bolton's injunction blocked a requirement that police must determine the immigration status of people whom they arrest or stop for other reasons and reasonably suspect of being in the United States illegally. 

The ruling also halted a provision requiring noncitizens to carry immigration documents with them and making it a crime if they don't.

The remainder of the law went into effect today.

The notice of appeal doesn't give the state's reasoning in the appeal, but proposes a schedule in which briefs would be filed in August and early September and the court would hear arguments the week of Sept. 13. 

The circuit court has no deadline for responding to the request for a speedy appeal, but court spokesman David Madden said he expects the court to act within days on a possible appeal schedule.

The injunction will be defended by U.S. Justice Department lawyers.

Department spokeswoman Hannah August said the government has “nothing additional” to append to a statement issued Wednesday.

In that statement, August said, “We believe the court ruled correctly when it prevented key provisions of SB1070 from taking effect.

“While we understand the frustration of Arizonans with the broken immigration system, a patchwork of state and local policies would seriously disrupt federal immigration enforcement and would ultimately be counterproductive,” August said.
The state's appeal will be ruled on by a three-judge panel of the 9th Circuit. It could then be appealed to an expanded 11-judge panel of the court and after that to the U.S. Supreme Court.

Bolton's injunction, if upheld, would remain in effect until a full trial in her court on the Justice Department lawsuit.

ArizonaBay Area NewsimmigrationLocal

If you find our journalism valuable and relevant, please consider joining our Examiner membership program.
Find out more at

Just Posted

A man holds a sign at a rally to commemorate the life of George Floyd and others killed by police outside City Hall on Monday, June 1, 2020. (Kevin N. Hume/S.F. Examiner)
Chauvin verdict: SF reacts after jury finds ex-officer guilty on all charges

San Franciscans were relieved Tuesday after jurors found a former Minneapolis police… Continue reading

School Board member Faauuga Moliga, right, chats with Superintendent Vincent Matthews in between greeting students on the first day of in-person learning at Bret Harte Elementary School on Monday, April 12, 2021. (Kevin N. Hume/S.F. Examiner)
Faauuga Moliga named as school board vice president to replace Alison Collins

The San Francisco school board on Tuesday selected board member Fauuga Moliga… Continue reading

Legislation by Supervisor Rafael Mandelman would require The City to add enough new safe camping sites, such as this one at 180 Jones St. in the Tenderloin, to accomodate everyone living on the street. (Kevin N. Hume/S.F. Examiner)
City would create sites for hundreds of tents under new homeless shelter proposal

Advocates say funding better spent on permanent housing

A construction worker rides on top of materials being transported out of the Twin Peaks Tunnel as work continues at West Portal Station on Thursday, August 16, 2018. (Kevin N. Hume/S.F. Examiner)
SFMTA’s poor track record on capital projects risks losing ‘public trust’

Supervisors say cost overruns and delays could jeapordize future ballot revenue measures

Roger Marenco, president of operators union TWU Local 250-A, speaks at a news conference outside the Muni Kirkland Yard announcing Muni will not be increasing fares on Wednesday, June 10, 2020. (Kevin N. Hume/S.F. Examiner)
SFMTA’s union leader encourages riders to say ‘thank you’ to their Muni operators

A conversation with Roger Marenco, president of Transport Workers Union of America, Local 250A

Most Read