quote:

Bolton, an appointee of former President Bill Clinton, repeatedly questioned Justice Department attorney Edwin Kneedler to explain how specific provisions of the law intruded on federal authority as he had argued.

"Why can't Arizona be as inhospitable as they wish to people who have entered the United States illegally?" she said.

Without prodding from attorneys, the judge also pointed out to lawyers the everyday realities of Arizona's immigration woes, such as signs that the federal government erected in a wilderness area south of Phoenix that warns visitors about drug and immigrant traffickers passing through public lands.

She also noted the immigrant smuggling stash houses that are a fixture on the news in Arizona. "You can barely go a day without a location being found in Phoenix where there are numerous people being harbored," Bolton said.

Kneedler said the law's requirements that law enforcement check on people's immigration status set a mandatory policy that goes beyond what the federal government requires and would burden the federal agency that responds to immigration-status inquiries.

Attorney John Bouma, who represents Brewer, said the federal government wants to keep its authority while turning a blind eye to illegal immigrants.

"You can't catch them if you don't know about them. They don't want to know about them," he said.

Brewer said she's confident the state will prevail, adding that Bolton "certainly understands the dangers that Arizonans face in regards to harboring illegals."

During the morning hearing, Bolton told lawyers for the American Civil Liberties Union that she's required to consider blocking only parts of the law, not the entire statute as they had requested.

ACLU attorney Omar Jadwat said the law's provisions are supposed to work together to achieve a goal of prodding illegal immigrants to leave the state. He called it unconstitutional and dangerous.

Most of the controversy about the law centers on provisions related to stops and arrests of people, new crimes related to illegal immigrants, and a requirement that immigrants carry and produce their immigration papers.

Other parts of the law getting little attention deal with impoundment of vehicles and sanctions against employment of illegal immigrants.

Bouma told Bolton that those challenging the law haven't demonstrated that anyone would suffer actual harm if it takes effect, and that facts — not conjecture — must be shown.

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Where did her comments support the law?

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"Why can't Arizona be as inhospitable as they wish to people who have entered the United States illegally?" she said.

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ORIGINAL: tazzygirl


I think it was the tone... something im sure i am projecting... but when she asked about those in AZ being able to be inhospitable to those who enter illegally.

Im not saying i think she is wrong.. nor do i think those people in Az have to be hospitable to anyone who enters illegally... i guess i just feel that she is leaning a bit heavily upon those who are against.

Isnt this suppose to be about justice being blind?