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Arizona looks at changes in new immigration law

Governor might try to fix faults exposed by U.S. court ruling

PHOENIX -- The fight over Arizona's immigration law showed no signs of letting up Friday as the federal judge who blunted its force faced threats and the Republican governor who signed it considered changes to address any faults.

In the days since U.S. District Judge Susan Bolton put on hold the most controversial parts of the law, hundreds of e-mails and phone calls have poured into the courthouse.


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Seventy people have been arrested in demonstrations.

And a fund set up to help defend the new law added $75,000 Wednesday alone, giving the state more than $1.6 million to get Bolton's ruling overturned.

Gov. Jan Brewer, who signed the law and appealed the ruling, has vowed not to back down, saying she'll challenge Bolton's decision all the way to the Supreme Court.

But Brewer said Friday she'd consider changes to "tweak" the law to respond to the parts Bolton faulted.

"Basically we believe (the law) is constitutional but she obviously pointed out faults that can possibly be fixed, and that's what we would do," Brewer said. She said she's talking to legislative leaders about the possibility of a special session, but said no specific changes had been identified.

In her temporary injunction, Bolton delayed the most contentious provisions of the law, including a section that required police officers to check a person's immigration status while enforcing other laws. Bolton indicated the federal government's case has a good chance at succeeding in its argument that federal immigration law trumps state law.

But she allowed police to enforce the law's bans on blocking vehicle traffic when seeking or offering day-labor services and a revision to the smuggling ban that lets officers stop drivers if they suspect motorists have broken traffic laws.

Bolton also let officers enforce a new prohibition on driving or harboring illegal immigrants in furtherance of their illegal presence.

Democrats scoffed at Brewer's desire to change the law, with a key House minority leader calling it laughable.

"Why would we help her?" asked Rep. Kyrsten Sinema of Phoenix. "This bill is so flawed, and clearly a federal judge agrees."

House Speaker Kirk Adams said there would be little support among fellow Republicans to weaken the law. Attorneys have begun reviewing the law to identify changes, he said: "It's embryonic."

Sen. Russell Pearce, the law's chief sponsor, said he would only back changes to make it stronger.

Even though the law's critics scored a huge victory with the decision, passions among hundreds of immigrant rights supporters still flared at demonstrations near the federal courthouse in downtown Phoenix after the parts of the law that weren't blocked took effect Thursday.

Federal officials in charge of court security wouldn't say whether anyone made a death threat against Bolton and wouldn't provide specifics of the threats they were examining. A majority of the e-mails and phone calls to the judge's chambers and the court clerk's office are from people who want to grouse about her ruling, officials said.

"We understand that people will vent and have a First Amendment right to express their dissatisfaction. We expect this," said David Gonzales, the U.S. Marshal for Arizona. "But we want to look at the people who go over the line."

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JudgeSteveJonesisacriminal wrote on July 31, 2010 01:29 PM: The Feds don't follow the laws. How does that set an example for Americans? Complete Lawlessness? Anarchy?


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local_voice wrote on July 31, 2010 09:18 AM: If you really want to fix the problem you have to do a few things at the Federal level: 1. Seal the border, everyone knows this. 2. Amend the Constitution which says that anyone born here is automatically a citizen. That one is huge. I jump the border and have a kid- I'm not entitled to benefits, but my child is, thus my household is. 3. Revoke the FEDERAL law that prevents schools from denying admission to those here illegally. 4. Figure out what to do about the blameless "illegals" Those are kids who were brought over here when they were babies- their parents jumped the border with them in tow. Raised in America, educated here, some don't even speak Spanish. We can't just hurl these de-facto citizens over the Mexican border. That would be wrong.


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thetruth wrote on July 31, 2010 06:36 AM: I think law enforcement has every right to ask about the immigration status of anyone that is being detained. Illegal immigrants should be sent back to their country of origin, that is the LAW - the Federal Government needs to start enforcing the Laws! Americans are tired of the illegal immigrants flagrant breaking of our laws, we want them out - we have always welcomed those that are willing to become citizens by going through the process legally. Send the illegals back home, and start going after the companies that our hiring them - I say heavy fines & jail time for the law breakers. Arizona is trying to do what the Federal Government has FAILED to do...enforce the immigration laws that are already in place.


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RightWingExtremist wrote on July 31, 2010 06:08 AM: Bolton and critics of Arizona's law state that state and local police have no authority to detain and ask people about their immigration status. They are wrong. In Mueller v. Mena, 544 US 93 (2005), SCOTUS ruled unanimously that state and local law enforcement officers may indeed ask about the immigration status of detained person. So if Bolton was blowing smoke on that determination, then she can be proven wrong on others and her ruling can be tossed out with yesterday's rotten tacos.


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carlo.poliak wrote on July 31, 2010 04:51 AM: Aristocract elected officials have violated the U.S. Constitution designed for Boni-fied American U.S.Citizens and those lawfully in this country and law enforcement to the Health/Safety/Welfare for same. Amazing, one persons opinion(John 10:33) who before appointed as judge can overturn the decisions of collective legislative minds. Jan Brewer, Don't capitulate to bully tactics. As a youngster, growing up,stood uo to bullys, knew better than show sign of weakness to bully and head on battle. U.S.Citizens: Black folks/Anglo folks are united in mind to Enforce Immigration Laws. Voters need to Vote aristocract out of office and new faces who can endear to Voters endearment to wit:Enforce immigration laws!!! Our country has become a nation of tong confusion(Tower of Bable result -Genesis 10:10). Jan admire your resolve. Endure to the end representing the people will.