Arizona Governor Jan Brewer’s Response to Mexico’s Brief in SB 1070 Lawsuit

Here is the text of Arizona Governor Jan Brewer’s October 13, 2010, press release about the brief she filed on behalf of Arizona in the United States v. Arizona lawsuit filed by the U.S. Justice Department to overturn Arizona Senate Bill 1070, Arizona’s anti-illegal immigration law.

“Today I filed my response to the amicus brief that Mexico, with ten other foreign countries, filed in support of the U.S. Justice Department’s lawsuit challenging S.B. 1070. Mexico’s brief is nothing more than a political statement expressing its desire for lax enforcement of U.S. immigration laws. Arizonans, in a bipartisan fashion, have agreed with me that Mexico should not be meddling in an internal legal dispute
between the United States and one of its states. It is offensive that the Obama Administration’s Department of Justice has consented to these foreign countries participating in this lawsuit. As I have said before, American sovereignty begins in the U.S. Constitution and at the border. I have filed my response in the hope that the Court will allow the State of Arizona to respond officially to Mexico’s filing.

“In an appeal where the sole issue at stake is preemption, Mexico notably makes no mention of
preemption, let alone provides any legal analysis on the issue that would be of assistance to the court or the parties. Instead, Mexico spends much of its brief engaging in unfounded speculation about the impact of S.B. 1070, and advocates for comprehensive immigration reform.

“My vision is of a border region and beyond that works–one that is both safe and accessible – and
enhances both the competitiveness and quality of life for Arizona and our neighbor Mexico. Our cross-border economic development, trade and especially tourism will not thrive amidst lawlessness. Our national policymakers on both sides of the border must address this issue and pursue it seriously and expeditiously.

“According to former U.S. Ambassador Otto Reich whose statement is in the court record, Mexico and
other Latin American countries favor amnesty and oppose enforcement of U.S. immigration laws because they desire their citizens unlawfully present in the U.S.: (1) to continue sending money to their families and friends back home, (2) to stay in the U.S. rather than return home and destabilize their economies, and (3) to offset their countries’ overpopulation and unemployment problems. What is most surprising, our own federal government provided Mexico President Felipe Calderon a forum in Congress last May to advocate for amnesty and attack S.B. 1070.

“Without any evidence or support, Mexico asserts that S.B. 1070 ‘will inevitably lead to the harassment
of Mexicans legally present in the U.S. and appearance-based arrests, giving Mexico justified cause for concern.’ The U.S. government has not alleged SB 1070 will result in illegal racial profiling. S.B. 1070 expressly bans this illegal practice. Moreover, I issued an executive order mandating that all peace officers in Arizona be trained so that illegal racial profiling does not occur in the enforcement on S.B. 1070. Racial profiling is simply not at issue in this appeal and it is highly offensive for Mexico or anyone else to raise the issue.

“I am confident the Court will see Mexico’s brief as nothing more than an inappropriate political statement of its desire for lax enforcement of United States immigration laws and ultimate amnesty for all of its citizens who are living illegally in the United States. Such arguments by a foreign government have no place in a U.S. legal proceeding and I am confident the Ninth Circuit will disregard Mexico’s brief in its entirety.”

See Governor Brewer’s proposed brief.