Hearing on Arizona immigration law begins

From The Washington Post:

A federal judge pushed back Thursday against a contention by the Obama Justice Department that a tough new Arizona immigration law set to take effect next week would cause "irreparable harm" and intrude into federal immigration enforcement.

"Why can't Arizona be as inhospitable as they wish to people who have entered or remained in the United States?" U.S. District Judge Susan Bolton asked in a pointed exchange with Deputy Solicitor General Edwin S. Kneedler. Her comment came during a rare federal court hearing in the Justice Department's lawsuit against Arizona and Gov. Jan Brewer (R).

"How is there a preemption issue?" the judge asked. "I understand there may be other issues, but you're arguing preemption. Where is the preemption if everybody who is arrested for some crime has their immigration status checked?"

"We keep hearing that we can't really do anything about these illegal aliens -- Arizona should just deal with it," said John J. Bouma, Arizona's lead attorney. "Well, the status quo is simply unacceptable."

The law, which Brewer signed in April, empowers police to question people they have a "reasonable suspicion" are illegal immigrants and to send them to federal authorities for possible deportation.

Bolton did not indicate how she might rule, saying only that she will take the matter "under advisement."

Bolton is hearing six other lawsuits filed against the Arizona law. A former Arizona state court judge, she was nominated for the federal bench by Democratic President Bill Clinton, but legal observers say she is hard to pigeonhole ideologically.