Arizona's new immigration law illegally conflicts with federal statutes and undermines the nation's foreign policy, attorneys for the U.S. Department of Justice argued Friday.
Assistant Attorney General Tony West argued to the 9th Circuit Court of Appeals that U.S. District Court Judge Susan Bolton acted properly when she barred the state from enforcing several key sections of the law. West said there is more than enough evidence to show the provisions are unconstitutional, a key element in getting an injunction.
But West, in legal papers filed Friday, also said there is more than enough evidence to show that letting Arizona begin enforcing SB1070 would cause "irreparable harm" to the country. And that, he said, outweighs any potential harm Arizona would suffer while the questions of the law's legality work their way through the legal system.
Friday's response is in direct response to arguments made by attorneys for Gov. Jan Brewer, who wants the federal appeals court to dissolve the injunction. They argue there is no conflict between what Arizona seeks to do and federal law.
And Brewer herself has said the state is harmed by any delay in implementing SB1070, continuing to bear the financial burden of having an estimated 400,000 unauthorized people in the state and providing services ranging from education to incarceration.
A three-judge panel will hear from both sides on Nov. 1 at the federal courthouse in San Francisco.
At stake are some of the principal provisions of the law which Brewer signed in April. They were set to take effect July 29 before Bolton barred them.