Appeals Court Hints at Tossing Part of Arizona Law

Paul Elias, WTOP-FM (Washington, D.C.), November 1, 2010

Arizona’s immigration law faced tough scrutiny from a federal appeals panel Monday as the state’s governor appeared in person to support the controversial provision on the day before the election in which she’s seeking her first full term.

The 9th U.S. Circuit Court of Appeals signaled it was ready to toss out the provision of Arizona’s law that criminalizes the failure to carry immigration papers showing lawful residency in the United States.

But the three-judge panel didn’t tip its hand over which way it was leaning on other provisions of the state law that touched off a national furor when Arizona Gov. Jan Brewer signed it April 23. The federal government filed a lawsuit soon after to invalidate the measure.

U.S. Deputy Solicitor General Edwin Kneedler argued Monday that the provisions in question violate laws making immigration enforcement the exclusive domain of the federal government.

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