Political Hotsheet
By

Stephanie Condon /

CBS News/ May 5, 2010, 5:18 PM

Tuscon, Flagstaff Sue Arizona over Immigration Law

immigration

Tuscon and Flagstaff on Tuesday became the first cities in Arizona to sue the state over its new and controversial immigration law.

The Tuscon City Council voted 5 to 1 to sue the state to overturn the law, the Arizona Daily Star reports, after considering the reaction and potential economic consequences for the city.

And later Tuesday night, the Flagstaff City Council voted unanimously to file suit against the law, according to the Arizona Daily Sun, after listening to three hours of public testimony. More than two dozen spoke at the meeting, and most were in favor of overturning the law, according to the Sun.

The law in question, which has prompted protests across the country, would require immigrants to carry documents verifying their immigration status. It would also require police officers to question a person about his or her immigration status during a "lawful stop" if there is "reasonable suspicion" that person may be in the country illegally.

After the initial backlash, the state legislature modified the law in an attempt to address some of the controversy it has created -- but the changes did not mollify critics. A handful of cities across the country, mostly on the West Coast, are moving to boycott the state of Arizona in protest of the law.

Tuscon Mayor Bob Walkup was particularly concerned that the economic boycotts could hurt Tuscon, especially if officials in Portland, Oregon chose to follow through with their threat to boycott, because of Tuscon's close business ties to Portland. Walkup said that the city's lawsuit would hopefully convince the cities to "exempt Tucson from the boycott," the Star reports.

The mayor also noted the city's economy depends largely on Mexican tourists.

The Mexican government has issued a travel alert warning Mexican citizens to use extreme caution if visiting Arizona because of the law.

Tuscon already faces a $33 million revenue shortfall next year, the Star reports. The city is using its in-house lawyers to file the suit and reportedly plans to obtain outside counsel without incurring additional costs or attorney's fees.

In Flagstaff, it is unclear how much the city might spend fighting the state over its new law, the Sun reports. However, the city reportedly set up a fund on Tuesday to accept public donations for the effort. Flagstaff faces a $6 million budget deficit.

Phoenix Mayor Phil Gordon has also expressed interest in challenging the law, according to reports, but he was unable to win the support of the city council last week to file a lawsuit on behalf of the city. Gordon reportedly plans to file a challenge with other Arizona mayors.

Cinco de Mayo Ad Targets McCain's Support for Arizona Immigration Law
Phoenix Will Wear "Los Suns" to Honor Latinos
Poll: Majority Backs Arizona Immigration Bill

© 2010 CBS Interactive Inc. All Rights Reserved.
27 Comments Add a Comment
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magnumdr says:
Sue the State and let the people that are here illegally get their way? are you people nuts. Maybe the State should sue the cities for allowing people to continue breaking our citizenship laws here, then get new mayors for these cities.
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Rodeo_Joe says:
Arizona Gov. Brewer makes Blagojevich look good.
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smokeranch says:
Hey brianbwb,
You are a little perve. Baggers huh? You so funny.
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ThirdSection says:
If this law doesn't get the sane people of Arizona to vote this November, I don't know if anything will.
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caution50 replies:
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Sadly, most of us here are in agreement with the law, or completely apathetic.
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stormerF3 says:
Az State legislature should cut state funds to any Az city that refuses to enforce Az laws. The state could disolve the cities charter and this would stop the cities ability to tax for services and then they could only collect donations to keep the city running.
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ThirdSection replies:
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I wonder if the AZ State Legislature actually believes that it could revoke the charters of two major cities without suffering a serious backlash.
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6591Hou says:
Students Kicked Off Campus for Wearing American Flag Tees
By George Kiriyama
NBCBayArea.com
On any other day at Live Oak High School in Morgan Hill, Daniel Galli and his four friends would not even be noticed for wearing T-shirts with the American flag. But Cinco de Mayo is not any typical day especially on a campus with a large Mexican American student population.

Galli says he and his friends were sitting at a table during brunch break when the vice principal asked two of the boys to remove American flag bandannas that they wearing on their heads and for the others to turn their American flag T-shirts inside out. When they refused, the boys were ordered to go to the principal's office.

"They said we could wear it on any other day," Daniel Galli said, "but today is sensitive to Mexican-Americans because it's supposed to be their holiday so we were not allowed to wear it today."

The boys said the administrators called their T-shirts "incendiary" that would lead to fights on campus.

"They said if we tried to go back to class with our shirts not taken off, they said it was defiance and we would get suspended," Dominic Maciel, Galli's friend, said.

The boys really had no choice, and went home to avoid suspension.
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Zann-Zel says:
But I thought EVERYONE in Arizona agreed?
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MT_Eli says:
I am not from AZ, and I will admit that I have very little first hand experience with the alien problem plaguing Arizona. That being said, can someone from Arizona please explain to me how Latino-Americans will not have their constitutional rights violated by this law?

4th Amendment to the US Constitution reads: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Is it reasonable to be searched because you look like you are a certain race? Is looking Mexican the probable cause required to allow the search? That seems just UN-American to me. What would happen if ALL Latino and Black people refused to show their papers as a political statement? Could the Arizona legal and jail system handle that? But I also fully acknowledge that I don't know the real solution, other than to somehow help Mexico's economy to the point where people don't get so desperate they want to come to the USA to do menial labor. But these questions bother me...
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brianbwb2011 replies:
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The baggers love it, it is the nazi-esque scenario they have dreamed of for a century now.

If they could only figure out how to extend it to all other ethnic groups and religions, then they would be in Himmel.

Still, it will ultimately fail the test of constitutionality, it is only a matter of time.

Now, with conventions, sporting events, tourism, and trade ties with many other cities threatened, we will see if hate and ignorance is stronger than greed.
stormerF3 replies:
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Federal Immigration law section 1304E states immigrants must carry documentation with them at all times to prove their status,when and if stopped by law enforcement.
See all 4 Replies
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joelwisch2 says:
Yes indeed... and you can almost bet your bippy with odds those two majors won't be re-elected on this side of the Border again.
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brianbwb2011 replies:
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Go ahead and bet, you won't miss your bippy when you lose it anyway.
Thad Boyd replies:
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Sounds like somebody's never been to Tucson or Flagstaff.

I mean, besides the lady who wrote the article, who can't actually spell "Tucson".
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AZproud says:
"The law in question, which has prompted protests across the country, would require immigrants to carry documents verifying their immigration status." THIS PORTION OF THE STORY IS BLATANTLY MISLEADING AND SHOWS CBS IS NOT INTERESTED IN PURSUING THE FACTS. Legal immigrants already have to carry their Green Card with them at all times. That has been Federal Law for decades. As usual, CBS, ABC, NBC, MSNBC, CNN, and all the other liberal rags (AZ Republic included) leave out portions of the facts they don't like. The fact is, this law basically emulates Federal laws already in existence. The problems in this country and especially Arizona are caused by non-enforcement of existing Federal laws. Why doesn't CBS do a big investigative story on how the Feds are failing to enforce current immigration law and as a consequence border states are being overwhelmed and bankrupted by the illegal invasion?
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joelwisch2 replies:
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The real question, when you understand that the law is Federal Law with out those items which would challenge the supremacy clause of the Constitution, what part profiles, or is racist. Here it is... give us the chapter and title...
US Code Title 8, Chapter 12

http://www.law.cornell.edu/uscode/8/usc_sup_01_8_10_12.html

TITLE 8 > CHAPTER 12
CHAPTER 12?IMMIGRATION AND NATIONALITY
How Current is This?
SUBCHAPTER I?GENERAL PROVISIONS (?? 1101?1107)
SUBCHAPTER II?IMMIGRATION (?? 1151?1381)
SUBCHAPTER III?NATIONALITY AND NATURALIZATION (?? 1401?1504)
SUBCHAPTER IV?REFUGEE ASSISTANCE (?? 1521?1525)
SUBCHAPTER V?ALIEN TERRORIST REMOVAL PROCEDURES (?? 1531?1537)

Improper entry
http://codes.lp.findlaw.com/uscode/8/12/II/VIII/1325

Where?
Thad Boyd replies:
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I love the "bankrupting the state" language. Because all the boycotts and legal challenges resulting from 1070 are going to be GREAT for our struggling economy.

If you're concerned about the state economy, AZproud, I assume you're voting yes on 100?
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