Arizona governor's lawsuit dismissed by federal judge

October 26, 2011

Phoenix, Arizona: On Friday, October 21, Federal District Judge Susan Bolton dismissed a lawsuit brought by Gov. Jan Brewer against the federal government. The lawsuit was filed as a counter-suit to the one filed by the Justice Department challenging Arizona's immigration law. Gov. Brewer's lawsuit claimed that the federal government was not doing enough to protect the state from illegal immigration and sought a court order that would force the government to take additional action, such as build more border fences, until the state was secure. Judge Bolton dismissed the suit saying that Gov. Brewer's charges were political questions not appropriate for a court to decide. In addition, Judge Bolton said that some of the state's claims must be thrown out because they were answered in a 1994 court case in Arizona and cannot be litigated again.

In her decision Judge Bolton wrote, "While Arizona may disagree with the established enforcement priorities, Arizona’s allegations do not give rise to a claim that the counter-defendants (the federal government) have abdicated their statutory responsibilities." The governor said she was not surprised by the ruling and said, "It is but the latest chapter in a story that Arizonans know all too well: The federal government ignores its constitutional and statutory duty to secure the border. Federal courts avert their eyes. American citizens pay the price."