PHOENIX (KGUN9-TV)-Attorneys for Governor Jan Brewer have begun filing their defense of her and SB 1070, the state's new immigration law.
The new law, does not take effect until near the end of next month, but critics are suing to try to keep that from ever happening.
They say if the law has local police checking to see if people are in the U-S legally almost anyone who looks Hispanic could be stopped, hassled and forced to prove they're a citizen or have proper documents.
There are several lawsuits likely to be consolidated but the one the governor's attorneys answered first is from Roberto Javier Frisancho. He lives in Washington, DC and says he fears 1070 will lead to him being harassed if he visits Arizona.
Governor Brewer's motion to dismiss Frisancho's case addresses some of the complaints common to the other suits.
It says nothing in the act authorized any individual to ask for papers because he's Hispanic and points to language in the law that says a law enforcement office must have a reasonable suspicion a person is engaged in criminal conduct, and alien and in the country unlawfully.
The response says Frisancho has a mistaken belief the SB 1070 requires Arizona law enforcement to check immigration status of all Hispanics.
There is no response filed to the suit by Tucson Police officer Martin Escobar. He contends as a police officer it will be nearly impossible to enforce 1070 without racial profiling.
He also sued the City of Tucson because Tucson might be in a position to order him to enforce the immigration law, but Tucson City Council opposes 1070 too. The city filed documents saying it agrees with many of Escobar's claims, effectively supporting his case.
The governor did respond to a similar case to Officer Escobar, from a Phoenix Police officer. The governor's lawyers say the law can be enforced without racial profiling and that the Phoenix officer would not be at risk from 1070's language that allows someone to sue if the law is not enforced---because the city, not individual officers would risk being sued if the law is not enforced.
