Arizona guv at appeals court to defend immigration law

SAN FRANCISCO - Arizona's immigration law faced tough scrutiny from a federal appeals panel yesterday as Gov. Jan Brewer appeared in person to support it on the day before the election in which she's seeking her first full term.

The 9th U.S. Circuit Court of Appeals signaled it was ready to toss out the provision of Arizona's law that criminalizes the failure to carry immigration papers showing lawful residency in the United States.

But the three-judge panel didn't tip its hand over which way it was leaning on other provisions of the law that touched off a national furor when Brewer signed it April 23. The federal government filed a lawsuit soon after to invalidate the measure.

U.S. Deputy Solicitor General Edwin Kneedler argued yesterday that the provisions in question violate laws making immigration enforcement the exclusive domain of the federal government.

Among the provisions at issue is the requirement that police, when enforcing other laws, must question the immigration status of people they have reason to suspect are in the country illegally.

"It's how the state wants to use its people," said Judge Carlos Bea, appointed to the bench by President George W. Bush. "The state can turn over an illegal to federal officials."

Kneedler responded that requiring local law enforcement officials to check the immigration status of everyone they suspect as being illegal takes away from their investigatory discretion. He also said the law intrudes upon foreign policy and diplomacy, areas for the federal government.

Arizona passed the law after years of complaints that the federal government hasn't done enough to lessen the state's role as the nation's busiest illegal entry point.

U.S. District Judge Susan Bolton blocked key provisions, including a requirement that immigrants carry immigration papers.