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Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Thursday, May 31, 2012

Brewer Loses Bid to Dismiss Immigration Law Case

Associated Press: A judge has rejected a request by Arizona Gov. Jan Brewer to dismiss one of three remaining legal challenges to the state's 2010 immigration law, ruling that the people who filed the lawsuit in question had legal standing to contest the law because they properly alleged that they would be harmed by its enforcement.

The ruling on Tuesday by U.S. District Judge Susan Bolton means the people and coalition of groups behind the lawsuit can continue pushing their argument in court that the law should be overturned in its entirety.

The governor's lawyers had argued that those who filed the challenge hadn't shown that they would be harmed because their alleged injuries were too speculative.

Attorneys pressing the case contended, in part, that their clients faced increased risk of being stopped by police under the law because of their appearances and limited English proficiency. They also argued that two sections of the law can't be enforced in a race-neutral way.

Bolton wrote it was realistic that police will rely on physical and linguistic characteristics in enforcing two sections of the law that the judge herself blocked officers from enforcing in 2010.

The blocked provisions would require police to question the immigration status of those they suspect are in the country illegally and allow police to arrest people without warrants in cases where they commit crimes that make them removable from the United States.

It's unclear whether Brewer will appeal the ruling. Her office and lead lawyer in the case didn't immediately return a call seeking comment around mid-day Wednesday.

Bolton has prevented the law's most controversial elements from being enforced. The governor appealed Bolton's ruling and took the issue to the U.S. Supreme Court after a lower appeals court rejected her request to let the blocked sections take effect.

The Supreme Court heard arguments in Brewer's appeal in late April.

During arguments over the law, liberal and conservative justices reacted skeptically to the Obama administration's argument that Arizona exceeded its authority in creating the requirement that police check people's immigration status and the provision allowing suspected illegal immigrants to be arrested without a warrant. A decision in the case is expected in late June.

Three of the seven challenges to the Arizona law remain alive. No trial date has been scheduled in the three cases.

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