SB 1070: Brewer files papers to get harboring ruling reversed

By Howard Fischer

Capitol Media Services/East Valley Tribune

Gov. Jan Brewer is opening up a new front in her legal battle over the state’s 2010 immigration law.

In legal papers filed with the 9th U.S. Circuit Court of Appeals, the governor’s lawyers took the first steps to argue that federal Judge Susan Bolton got it wrong earlier this month when she concluded it is illegal for Arizona to make a state crime out of harboring illegal immigrants. They want that order reversed.

If they are successful, that actually would make the second change of course. Bolton originally had found the provision legal in her first ruling two years ago before concluding earlier this month that was a mistake.

At the heart of the battle is a section of SB 1070 that would create a separate crime for someone who is violating any other law to also transport or harbor an illegal immigrant, or to encourage or induce someone to illegally come to or live in the state. The law requires that someone knows the person is in this country illegally or recklessly disregard that fact.

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