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Judicial Watch, Inc. is a conservative, non-partisan educational foundation, which promotes transparency, accountability and integrity in government, politics and the law.

Judicial Watch, Inc. is a conservative, non-partisan educational foundation, which promotes transparency, accountability and integrity in government, politics and the law.

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State Senator Russell Pearce, Author of Arizona’s SB 1070, Seeks to Intervene in Federal Lawsuit to Defend AZ Immigration Law

Judicial Watch, the government watchdog group, announced today that it has filed a “Motion to Intervene” (Case No. 10-cv-01413-SRB) on behalf of Arizona State Senator Russell Pearce, author of Arizona’s new illegal immigration law, SB 1070, in an Obama Justice Department lawsuit challenging the law which set to take effect on July 29th. On July 6, the Obama Justice Department filed a lawsuit against the State of Arizona and Governor Jan Brewer and requested a preliminary injunction preventing the law from being enforced.

According to today’s Judicial Watch’s court filing:

“To further the interests of his legislative district and all citizens of Arizona, Senator Pearce authored SB 1070. On January 13, 2010, Senator Pearce introduced SB 1070 into the Arizona Senate. Over several months, Senator Pearce worked with his colleagues to enact a statutory scheme that made SB 1070 the public policy of all state and local government agencies in Arizona. Senator Pearce was the chief sponsor of SB 1070 and voted in favor of its passage. Senator Pearce’s efforts came to fruition when Governor Brewer signed SB 1070 and HB 2762 into law.

“As the author and driving force behind the enactment of SB 1070, Senator Pierce has the right to defend it.”

On April 23, 2010, Arizona Governor Jan Brewer signed into law legislation authored by State Sen. Pearce that, among other provisions, makes it a crime to be in the State of Arizona without proper documentation. State Sen. Pearce crafted the language in the bill consistent with federal law. However, the Obama Justice Department filed a lawsuit challenging the law and requesting a preliminary injunction preventing the law from being enforced.

State Senator Pearce issued the following statement today on his legal effort to defend SB 1070:

“The purpose of SB 1070 is to protect the citizens of Arizona from the devastating and deadly impact of rampant illegal immigration. And it is outrageous that the Obama administration would attack Arizona for simply protecting its own citizens, especially when it has failed so miserably to do its constitutional duty and secure the border. This is a legal battle of epic proportions. As a Senator in a state on the frontlines, I see firsthand the damage being done to our state and our country. What happens here in Arizona will impact every state in the country interested in protecting its citizens by enforcing the rule of law. We are a nation of laws. We must have the courage — the fortitude — to enforce, with compassion but without apology, those laws that protect the integrity of our borders and the rights of our lawful citizens.”

Judicial Watch President Tom Fitton issued the following statement today on the new push to defend SB 1070:

Our work to defend SB 1070 for Senator Pearce may be the most important piece of litigation that Judicial Watch has undertaken in its 16 year history. In many ways, this comes down to a fight between those who want to enforce the law and those who do not. The Obama White House wants to kill this law because it does not want to bear its constitutional responsibility to secure the border and enforce the law. We are proud to stand with Arizona State Sen. Pearce, Governor Brewer and the citizens of Arizona in support of the rule of law.”

Judicial Watch’s Arizona counsel is Geoffrey Kercsmar of the firm Kercsmar & Feltus PLLC.


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