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Judicial Watch • 2011 us-v-az-answerintervention-legislature-02112011

2011 us-v-az-answerintervention-legislature-02112011

2011 us-v-az-answerintervention-legislature-02112011

Page 1: 2011 us-v-az-answerintervention-legislature-02112011

Category:General

Number of Pages:18

Date Created:February 14, 2011

Date Uploaded to the Library:July 30, 2013

Tags:denies, intervenor, lntervenor, admits, portions, extent, Clause, allegations, Dismiss, governor, paragraph, Constitution, motion, complaint, DHS, filed, defendant, section, document, State Department, State, states, united, court, EPA, IRS, ICE, CIA


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Case 2:10-cv-01413-SRB Document 143 Filed 02/11/11 Page
 Kercsn1a1 (#20528)
 llins(_#0231S
(Motion for admission pro hac vice led)
iel Bekesha
(Motion for admission pro hac vice led)
JUDICIAL ATCHJNC.
mfervenor/Dq/Zmdam Ike Arizona Srate Legzlvlature THE UNITED STATES DISTRICT
FOR THE DISTRICT ARIZONA
America. Cz1seNo.: 2:10-cv-01413-SRB
LODGED: [PROPOSED] ANSWER
INTERVENTION
The State Arizona: and nice
Brewer, the Suite her Off Capacity.
Defendants,
rizond State Legislature,
,nd:uit-Interv enor.
Case 2:10-cv-01413-SRB Document 143 Filed 02/11/11 Page
Defendant-Intervenor the Arizona State Legislature. unsel, answers the
paragraplis ofPlaintiffs complaint follows:
INTRODUCTION
Defendant-Intervenor admits that the United States America has sought
the enforcement This remainder the paragrapli contains conclusions
law. not allegations fact. and thus resp required.
This gra; contains conclusions 121 not allegations fact, and thus
response required. Defendant-lritervenor admits that adopted. and the Governor signed,
The remainder this paragraph contains oonoh law. not allegations fact,
which response required. the extent that this ilag.l J.pl1 seeks characterize
1070. amended 2162. Defendztnt-Iiitervenor avers that the law speaks for itself. Defendant- tervenor denies the allegations the rst sentence the paragrapli.
This paragia contains (.0 usions law. not allegati fact, and thus response required. Defendaiit-Intervenor without sufficient information form belief the
truth the averinents the first sentence regarding what the United States uriderslands what efforts believes has undertaken secure our nation borders. Defendant-
Intervenor denies the second sentence that the federal government welcomes cooperative
efforts states and localities aid the enforcement the nations immigra laws. remainder the paras ontains conclusions law, not allegatiuits fact. and
thus response required.
6Z6N
cv-01413-SRB Document143 Filed 02/11/11 Page3of18 RISDI ION AND VENUE The first sentence eoi atns concl law, not allegations and thus
response required. Defendant-[nte ior admits that this Court has jurisdiction over
this natter pursuant 11.8 1331 and 1345 and that plaintiff seeks reme
under Ll.S.C. 1651, 2201, and 2202.
Admit.
iit.
Admit.
Admit. ENIENT THE CLAHVI
14. Defendant Intervenor adt that this paragraph contains partial quotation
the United States Constitution (the tution nstitution document that
speaks for itself and any cltaracterizations the Constitution are denied.
15. Defendant-lntervenor admits that this parttgraph contains partial quotations from
the Constitution. The Constitution document that speaks for itself and any
cltaracterizations the stitution are tied. The remaining allegations are
characterizations the federal govermnenfs broad discretion and such
cliaraeterizations are denied.
16. Defemlant-Intervenor admits that this parag contains partial quotation from
Case 2:10-cv 01413-SRB Document 143 Filed 02/11/11 Page
the Constitution. The Constitution document that speaks for itself and any
characterizatio the Constitution are denied. the extent that this par raph sccks
characterize the ident duties, such characterizations are denied.
Defendant-lntervenor admits that tgress has exet sed its authority ntakc laws
goven immigration and the status aliens witl1i11 the United States enacting
various Visions the TNA and other laws regulating immigration. the extent that
this pat aph seeks summan7.e portions the INA, the statute speaks itself and
any racterizatic are denied.
18. Defendant~lntervenor admits the allegations contained paragraph that the
INA times vests discretion with respect spec pro immigration laws.
Upon information and belief. the federal government has from time time set
enforcement priorities the arrest, detention, asecution, and ren1o~al aliens.
Defettdant-lntervenor without sufficient information and knowledge either admit
deity the speci enforcement priorities the federal government.
19. Defendant-lntervenor admits the allegations contained paragraph that
has taken into account npeting interests and agrees that effective
enforcement the provisions against illegal mtg 11.i0l and unlawful presence highly
important interest and not the singular goal the federal innn lion laws. the
extent that paragraph attempts summarize portions the nation iinntigration laws,
the immigration laws and the cases interpreting the la speak for themselves and any
characterizations such laws and are
Defendant-Intervenor admits the allegations contained paragi. the
nplaint that DIIS, and the Department State all have powers and obligations
-1-
Case 2:10~CV-01413-SRB Docum 143 Filed 02/11/11 Page
with respect aspects the immigrant the extent that paragraph attempts summarize portions the nation immigration laws. the immigration laws speak for
themselves and any characterizati such are den Defendan lntervenor admits the nation immigration lax times vest discretion
with respect speci provi immigr ion laws. Paragraph attempts
summarize portions the nation immigration laws. The ion laws speak for
themselves and Defendant-Intervcnor Lleni any eharaeterizati such laws.
22. Defendant Intervenor admits the immigration laws times vest discretion with speci pro (ms immigration laws and that DO] and Dl-IS exercise
_uretion from time time enforcing the lat Paragraph attempts summarize
ions the nati immigration laws. The immigration laws speak
and Defendant-Intervenor denies any characteri ations such laws.
23. Defendant-Intervenor admits that unlawful entry the United States iminal offense under U.S.( 1325. Defendant-Interv further admits that
Congress authorized. without warrant. federal irnmig tion officers patrol the United
States border, well search vehicles and lands the border, prevent aliens
unlawfully entering the United States. The remaining allegations contained paragraph the Complaint mplete summaries portion
laws. The immigration laws speak for themselves and Delenclant-Intervenor denies that summaries are complete, and furt denies the characterizations such
Paragraph the Con laint attempts summarize porno the natioifs igration laws related alien registration system. The immigration laws speak for
thems ves and the Defendant-lntervenor deni that such summaries are plete, and
.-_
av. ll-1lJU1 Document 143 Filed 02/11/11 Page
further denies any characterizations such laws 
25. Paragraph the Complaint attempts sunnnarize portions the nation
immigration laws related alien registration system. The innnigration speak for
themselves and the DeFendant-lntervenor denies t11at such sum are complete. and
Further denies any characterizations such laws.
Paragia the Complaint attempts summarize portio tlie nation
 ion laws related alien registration system. The immigration laws speak for
themselves and Defendant-lntervenor denies that such sunmu complete. and
further denies any characterizations such laws.
27. Defendant-Intervenor admits that par Daph the aint quotes certain
portions UASICI 1324. U.S 1324 speaks self and any characterizations the statute are denied.
28. Defendnnt Interven0r admits that paragraph the Complaint quotes small
portions U.S.C. 1324. UAEACV 1324 speaks for itself and any Lharacterizatio the statute are denied.
29. Defendant-Intervenor admits that para thc Complaint quotes small
portions 1324 speaks for itself and any characterizations
the statute are denied.
30. Defendant-Intervenor admits that under speci portions the INA and other
inimigration laws, DHS charged with administering and eni1n cing the laws and that
DHS includes, among others, U.S. Immigration and ustoi Enforcement ICE), US.
Customs and Border Protection CB1 and U.S. Citizenship and Immigration Services
(USCIS
Defendant alleges that DHS and its components
Case 2:10-CV-01413-SRB Document 143 Filed 02/11/11 Page
have iled enforce the natinn imtnigrz laws. Detendant~1ntervenor further admits
that Congress has acknowledged mlmerous that the states may the
enforcement the immigration laws. Paragraph the Com aint attempts
summarize portions the nati(n immigration laws. The immigration laws speak for
themselves and Defendant-Intu enor denies that such summaries are complete. and
further denies any racterizations such laws.
31. Defendant~1ntervenor admits the allegations Contained par aph the
Complaint that DHS has some programs Where DHS cooperatively with states and
localities. Defendant-Intervenor admits that LEAR and LESC are two such programs.
Defendant-lntervenor admits that state and local authorit equently vork with DHS for
determinati regarding intmigration status a11d other immigration matters. The
remaining allegations paragraph attempt summarize (ms DHS programs
that involve state and local agencies and officers. but Defendai ltervenor denies that
such summane nplete.
32. PlaintifFs statements par graph the iplaint are legal conclusions
which res requir
ona 1070
33. Defendant-Intervenor nits Governor Brewer signed 1070 into law
23. 2010. Defendant-lntervenor admits that paragraph the Complaint includes
quotes portions 1070 and paragraph attempts summar portions
1070. 1070 speaks for itself. Defen(1ant-Intervenor denies any characterizations 1070 contain paragraph 33.
3-1. lCl lI>l11IEI VB1 admits that ernor Bre Ina State Executive
Kercsmar
Case 2:10 cv-01413-SRB Document 143 Filed 02/11/11 Page der 2010-U9 (April 23, 2010) and that paragrapl the Complaint includes quotes
from small portion Executive Order 2010-09. Executive tier 2010-O9 speaks for
itself.
35. Defendant-Intervenoi ruts that 2162 amended 1070 and that Governor
Brewer made statement after 2162 The remaining ions paragra] the nplaint include quote from small portion Governor Brewer statement.
H13 62, 1070 (as amended), and Governor Brewei statement speak for thernselves.
36. Defendant-Intervenor denies the allegations itained paragraph the
Complaint. the extent the allegations are intended challenge Sec 1070. response necessary because the Court granted defendants Moti Dismiss with Section
37. Defendant Intervenor denies the allegations paragraph the
Complaint. the extent tl1at parag attempts summarize 1070 l070
speaks itself. Defendant-lntervener denies that the sumtnaries contained paragraph are accurate and eomplete. Defendant~h1tervenor further denies any characterizations 1070. Defendant- itervenor tmatively states that
extent the allegations are intended challenge Sect 1070 because the Court
granted defendants Motion Disn ith respect Section
38. Defendant-Intervenor denies the allegations eontained paragraph the
Complaint. the extent that paragraph attempts suinniarize 1070 and its
influence eign relatio trade. national security. ete., 1070 speaks itself
does the article cited paragraph 38. Defendant-lntervenor denies that the sunuu
coi iined par (lpi are accurate and complete. and further denies any
-1.
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