Governor Brewer: Arizona committed to holding feds accountable for lack of border security

Governor in attendance as federal court hears oral arguments regarding state's counterclaim in SB 1070 case

PHOENIX – Attorneys representing the State of Arizona today reiterated the state’s claims against the federal government for its continued failure to secure the border and reimburse the state for the costs it has incurred due to illegal immigration.

Oral arguments were made before U.S. District Court Judge Susan Bolton regarding the state’s lawsuit against the federal government. The countersuit, filed by the state in February, is a response to the federal government’s legal challenge to SB 1070.

“This is not a fight that the State of Arizona sought. But when the federal government took the shameful action of suing an individual state, we had no option but to respond with full force,” said Governor Brewer. “For years, illegal immigration has placed a tremendous burden on Arizona by compromising our security and state resources. The time has come to hold the federal government accountable for years of neglect on this issue. That time is now.”

The federal government asked Judge Bolton to dismiss the state’s counterclaim. No decision has yet been issued, but Governor Brewer is confident the case will proceed.

The counterclaim is based on five fundamental points. The federal government has (i) failed to gain “operational control of the border,” as required by federal law (ii) failed to enforce federal immigration law; (iii) failed to protect Arizona from harms associated with illegal immigration; (iv) been negligent in reimbursing Arizona for more than $760 million in costs for incarcerating illegal aliens; and (v) sought to pre-empt the state from protecting the health, safety and welfare of its citizens.

While the counterclaim case moves forward, the State of Arizona is poised to file its Petition for Writ of Certiorari regarding SB 1070 with the U.S. Supreme Court. Renowned former U.S. Solicitor General Paul D. Clement will serve as lead counsel in representing the state before the nation’s High Court.

“At its core, this case is about holding the federal government responsible for its Constitutional duty to secure the border, and preserving a state’s ability to act in defense of its citizens,” Governor Brewer said. “This case has implications for every state and every U.S. citizen concerned about our nation’s security.”