Posts Tagged ‘Attorney General’

HELENA, Mont. A federal judge on Thursday reinstated protections for wolves in Montana and Idaho, saying the government made a political decision in removing the protections from just two of the states where Northern Rocky Mountain wolves roam.The decision puts a halt to wolf hunts in Montana and Idaho planned for this fall. Montana wildlife regulators last month set the wolf-hunt quota at 186, more than doubling last year’s number, with the aim of reducing the state’s wolf population.U.S. District Judge Donald Molloy in Missoula said in his ruling that the entire region’s wolf population either must be listed as an endangered species or removed from the list, but the protections for the same population can’t be different for each state.

Last year, the U.S. Fish and Wildlife Service turned over wolf management to Montana and Idaho wildlife officials but left federal endangered species protections in place for wolves in Wyoming. There, legislators have approved a plan classifying wolves in most areas of the state outside the vicinity of Yellowstone National Park as predators that could be shot on site.

Molloy sided with the wildlife advocates who sued the federal government, ruling that Endangered Species Act does not allow the Fish and Wildlife Service to list only part of a species as endangered, and the federal agency must protect the entire Northern Rocky Mountain wolf population.”The rule delisting the gray wolf must be set aside because, though it may be a pragmatic solution to a difficult biological issue, it is not a legal one,” Molloy wrote.

Gray wolves were listed as endangered in 1974, but following a reintroduction program in the mid-1990s, there are now more than 1,700 in the Northern Rockies, which includes all of Idaho, Montana and Wyoming, along with portions of Washington, Oregon and Utah.Defenders of Wildlife, the Greater Yellowstone Coalition and other wildlife advocates sued the federal government after the Fish and Wildlife Service decision in April 2009. They argued that the government’s decision would have set a precedent allowing the government to arbitrarily choose which animals should be protected and where.

Doug Honnold, an attorney for EarthJustice representing the plaintiffs, said he was gratified by the ruling, though he is sure there will be another chapter to the story.”For today, we are celebrating that the approach we thought was flatly illegal has been rejected. The troubling consequences for the Endangered Species Act have been averted and the wolf hunts are blocked,” Honnold said.

The plaintiffs don’t want wolves on the endangered species list forever, but they do want a solid plan in place, said Suzanne Stone, Northern Rockies representative for Defenders of Wildlife. The government’s plan was poorly devised and would have allowed too many wolves to be killed, she said.”We need a good wolf management and delisting that allows for a healthy interconnected wolf population,” Stone said.

Officials with the U.S. Fish and Wildlife Service and the Idaho Department of Fish and Game declined to comment immediately after the ruling was released, saying they had yet to read the whole decision.The Montana Fish, Wildlife & Parks Commission has asked the state to appeal the ruling to the 9th U.S. Circuit Court of Appeals, according to a statement by the state Fish, Wildlife and Parks agency.

Carolyn Sime, wolf program coordinator for Montana Fish, Wildlife and Parks, said Montana has done everything it’s been asked to do in developing its state management program but now will have to apply federal law and regulations once more.”This puts a spotlight on Wyoming and seeing what can be done with Wyoming,” Sime said.The increase in the wolf population brought livestock losses for ranchers and competition for hunters for big game, such as elk. Molloy’s decision means ranchers in northwestern Montana will no longer be able to haze, harass or kill wolves that prey on their livestock, Sime said.

Wolves in southwestern Montana will revert to their “experimental population” status and ranchers there will still be able to kill wolves that attack their animals, she said.But a big blow is the loss of a hunting season, Sime said.”That’s clearly a management tool that we want to have in the toolbox. We think it’s legitimate and appropriate,” she said.Both Idaho and Montana held wolf hunts last year. Montana’s kill ended with 73 wolves and Idaho’s with 185.

Idaho’s congressional delegation released a statement that said Molloy’s ruling ignored the exploding population of wolves and that the state can manage wolves in a sustainable and responsible way.”We look for a more reasonable decision from a higher court,” said the statement from Sens. Mike Crapo and Jim Risch and Reps. Mike Simpson and Walt Minnick.At the end of 2009, there were at least 843 wolves in Idaho, 524 in Montana and 320 in Wyoming, with more in parts of Oregon and Washington state.

Thursday’s ruling could affect a lawsuit in which Wyoming charges the Fish and Wildlife Service had no reason to refuse to turn over management of gray wolves to Wyoming as it did to the other states. The case is before U.S. District Judge Alan B. Johnson of Cheyenne.”If the rule is vacated, there’s a question that Judge Johnson has to consider of whether or not there is something for him to decide,” said Bruce Salzburg, Wyoming attorney general.(AP)

PHOENIX Lost in the hoopla over Arizona’s immigration law is the fact that state and local authorities for years have been doing their own aggressive crackdowns in the busiest illegal gateway into the country.Nowhere in the U.S. is local enforcement more present than in metropolitan Phoenix, where Maricopa County Sheriff Joe Arpaio routinely carries out sweeps, some in Hispanic neighborhoods, to arrest illegal immigrants. The tactics have made him the undisputed poster boy for local immigration enforcement and the anger that so many authorities feel about the issue.

“It’s my job,” said Arpaio, standing beside a sheriff’s truck that has a number for an immigration hot line written on its side. “I have two state (immigration) laws that I am enforcing. It’s not federal, it’s state.”A ruling Wednesday by a federal judge put on hold parts of the new law that would have required officers to dig deeper into the fight against illegal immigration. Arizona says it was forced to act because the federal government isn’t doing its job to fight immigration.

The issue led to demonstrations across the country Thursday, including one directed at Arpaio in Phoenix in which protesters beat on the metal door of a jail and chanted, “Sheriff Joe, we are here. We will not live in fear.”Meanwhile, Gov. Jan Brewer’s lawyers went to court to overturn the judge’s ruling so they can fight back against what the Republican calls an “invasion” of illegal immigrants.

Ever since the main flow of illegal immigrants into the country shifted to Arizona a decade ago, state politicians and local police have been feeling pressure to confront the state’s border woes.In addition to Arpaio’s crackdowns, other efforts include a steady stream of busts by the state and local police of stash houses where smugglers hide illegal immigrants. The state attorney general has taken a money-wiring company to civil court on allegations that smugglers used their service to move money to Mexico. And a county south of Phoenix has its sheriff’s deputies patrol dangerous smuggling corridors.The Arizona Legislature have enacted a series of tough-on-immigration measures in recent years that culminated with the law signed by Brewer in April, catapulting the Republican to the national political stage.

But the king of local immigration enforcement is still Arpaio.Arpaio, a 78-year-old ex-federal drug agent who fashions himself as a modern-day John Wayne, launched his latest sweep Thursday afternoon, sending about 200 sheriff’s deputies and trained volunteers out across metro Phoenix to look for traffic violators who may be here illegally.

Deputy Bob Dalton and volunteer Heath Kowacz spotted a driver with a cracked windshield in a poor Phoenix neighborhood near a busy freeway. Dalton triggered the red and blue police lights and pulled over 28-year-old Alfredo Salas, who was born in Mexico but has lived in Phoenix with a resident alien card since 1993.

Dalton gave him a warning after Salas produced his license and registration and told him to get the windshield fixed.Salas, a married father of two who installs granite, told The Associated Press that he was treated well but he wondered whether he was pulled over because his truck is a Ford Lobo.

“It’s a Mexican truck so I don’t know if they saw that and said, ‘I wonder if he has papers or not,'” Salas said. “If that’s the case, it kind of gets me upset.”Sixty percent of the nearly 1,000 people arrested in the sweeps since early 2008 have been illegal immigrants. Thursday’s dragnet led to four arrests, but it wasn’t clear if any of them were illegal immigrants.Critics say deputies racially profile Hispanics. Arpaio says deputies approach people only when they have probable cause.

“Sheriff Joe Arpaio and some other folks there decided they can make a name for themselves in terms of the intensity of the efforts they’re using,” said Benjamin Johnson, executive director of the pro-immigrant Immigration Policy Center. “There’s no way to deny that. There are a lot of people getting caught up in these efforts.”The Justice Department launched an investigation of his office nearly 17 months ago over allegations of discrimination and unconstitutional searches and seizures. Although the department has declined to detail its investigation, Arpaio believes it centers on his sweeps.

Arpaio feels no reservations about continuing to push the sweeps, even after the federal government stripped his power to let 100 deputies make federal immigration arrests.Unable to make arrests under a federal statute, the sheriff instead relied on a nearly 5-year-old state law that prohibits immigrant smuggling. He has also raided 37 businesses in enforcing a state law that prohibits employers from knowingly hiring illegal immigrants.”I’m not going to brag,” Arpaio said. “Just look at the record. I’m doing what I feel is right for the people of Maricopa County.” (AP)

Sarah PalinA legal defense fund for former Alaska Governor Sarah Palin was illegal and must repay nearly $400,000 to donors, according to a settlement with a state-appointed lawyer announced on Thursday.But Palin, the feisty former Republican vice presidential candidate who has become a fixture of the conservative Tea Party movement, probably violated a state ethics act without knowing she was doing so, independent counsel Tim Petumenos said.

While governor, Palin faced some two dozen ethics complaints, which she said left her with a legal bill of more than $500,000. Her political action committee raised a fund to pay for her defense.A preliminary ruling by another independent counsel last year said the fund was illegal because it used her official position as governor to raise money for her personal gain.Petumenos confirmed the decision and said no such legal defense fund had ever been set up before for a state official in Alaska.

Palin violated the ethics rules because she was a beneficiary of the fund but probably relied on bad advice from out-of-state lawyers to conclude it was above board, Petumenos said at a news conference.He added that Palin should have checked with the state attorney general before pursuing the fund.

“It is the responsibility of every public official to make sure they are personally compliant with the (Alaska Ethics) Act,” he said.The deal requires Palin’s fund to give back to donors $386,856 collected while she was in office. A further $33,546 collected after she resigned will not be affected by the deal.Palin, no longer a public official, has launched a new defense fund. She is now independently wealthy but her lawyer, Thomas Van Flein, told reporters he still believed she ran up the legal costs in her capacity as governor and so a new fund was justified.(Reuters)

PHOENIX Arizona Gov. Jan Brewer said Thursday she’s angry over comments by Secretary of State Hillary Rodham Clinton that the Obama administration will sue the state over its new immigration law.In a June 8 media interview in Ecuador that began circulating Thursday in the U.S., Clinton said President Barack Obama thinks the federal government should determine immigration policy and that the Justice Department “will be bringing a lawsuit against the act.”Justice spokeswoman Tracy Schmaler on Thursday declined to say whether the department would sue and that “the department continues to review the law.”

The department has been looking at the law for weeks for possible civil rights violations, with an eye toward a possible court challenge.It’s unclear why Clinton made the comment since it’s not her area. She couldn’t be reached Thursday for comment.State Department spokesman P.J. Crowley said Obama and Clinton have both made it clear that the administration opposes the law.

Jan Brewer“I will defer to the Justice Department on the legal steps that are available and where they stand on the review of the law,” Crowley said. “The secretary believes that comprehensive immigration reform is a better course of action.”Brewer, a Republican, said in a statement that “this is no way to treat the people of Arizona.”

“To learn of this lawsuit through an Ecuadorean interview with the secretary of state is just outrageous,” she said. “If our own government intends to sue our state to prevent illegal immigration enforcement, the least it can do is inform us before it informs the citizens of another nation.”Brewer spokesman Paul Senseman said the governor was “outraged” and that Clinton’s comments make it appear that the Justice Department has decided to file suit.

“But she’s confident that in the end, the state of Arizona, the citizens, will prevail,” he said.On April 23, Brewer signed what is considered the toughest legislation in the nation targeting illegal immigrants. It is set to go into effect July 29 pending multiple legal challenges and the Justice Department’s review.

The law requires police investigating another incident or crime to ask people about their immigration status if there’s a “reasonable suspicion” they’re in the country illegally. It also makes being in Arizona illegally a misdemeanor, and it prohibits seeking day-labor work along the state’s streets.The law’s stated intention is to drive illegal immigrants out of Arizona and discourage them from coming in the first place. It has outraged civil rights groups, drawn criticism from Obama and led to marches and protests organized by people on both sides of the issue.

The law’s backers say Congress isn’t doing anything meaningful about illegal immigration, so it’s the state’s duty to address the issue. Critics say it will lead to racial profiling and discrimination against Hispanics, and damage ties between police and minority communities.Brewer met with Obama in the Oval Office about the law on June 3, telling him: “We want our border secured.” Obama reiterated his objections to the law. Neither side appeared to give ground although both talked about seeking a bipartisan solution.

Other Arizona politicians, political candidates and activist groups were quick to weigh in on Clinton’s remarks. U.S. Senate candidate J.D. Hayworth, who is challenging Sen. John McCain, called them appalling; attorney general candidates Tom Horne and Andrew Thomas also denounced them.Joanne Lin, legislative counsel for the American Civil Liberties Union, urged the administration to take swift action against the law.(AP)

PHOENIX Gov. Jan Brewer has removed the state’s attorney general from defending Arizona’s new immigration-enforcement law, accusing him of colluding with the U.S. Justice Department as it weighs whether to challenge the law in court.Brewer, a Republican, said she took action after state Attorney General Terry Goddard, a Democrat and her potential challenger for re-election, met Friday with Justice Department lawyers, who then met with her legal advisers.

Goddard, who has publicly stated he opposes the law but vowed to defend the state in court as its chief lawyer, said he told the Justice Department team “we need solutions from Washington, not more lawsuits.”Brewer expressed similar sentiments after her legal advisers met with the federal lawyers, vowing to defend the state to the U.S. Supreme Court if necessary.

But she accused Goddard of a lack of resolve on immigration matters and called his meeting with the Justice Department team a “curious coordination.”The immigration law she signed gave her the power to coordinate the state’s legal defense because the Legislature saw a “lack of confidence” in Goddard’s willingness to defend the law, she said.

The U.S. attorney general, Eric Holder Jr., is nearing a decision on whether to challenge the law, which gives the state and local police broad authority to enforce federal immigration law. It allows the police to check the immigration status of people they suspect are illegal immigrants whom they have stopped for another reason.Holder has said he worries the law may intrude on federal immigration authority and lead to profiling. On Thursday he met with police chiefs who oppose the law as divisive and a detriment to getting immigrants to report crime and cooperate with criminal investigations.

Meanwhile, thousands from around the country marched to the state capital, Phoenix, on Saturday to protest the new law, set to become effective July 29.Opponents of the law suspended their boycott against Arizona and bused in protesters from around the country.Midtown Phoenix buzzed with protesters carrying signs and American flags. Dozens of police officers were on standby along the route of the five-mile march, and helicopters hovered overhead.

Supporters of the law expected to draw thousands to a rally of their own later Saturday at a baseball stadium in suburban Tempe, encouraging like-minded Americans to “buycott” Arizona by planning vacations in the state.Some opponents of the law have encouraged people to cancel conventions in the state and avoid doing business with Arizona-based companies, hoping the economic pressure forces lawmakers to repeal the law.But Alfredo Gutierrez, chairman of the boycott committee of Hispanic civil-rights group Somos America, said the boycott doesn’t apply to people coming to resist the law. Opponents said they secured warehouse space for people to sleep on cots instead of staying in hotels.

“The point was to be here for this march to show support for these folks, then we’re out,” said Jose Vargas, a union representative for New York City teachers. “We’re not spending a dime here.”Supporters of the law sought to counteract the economic damage of boycotts by bringing supporters into the state.

“Arizona, we feel, is America’s Alamo in the fight against illegal and dangerous entry into the United States,” said Gina Loudon of St. Louis, who is organizing the “buycott.””Our border guards and all of Arizona law enforcement are the undermanned, undergunned, taxed-to-the-limit front-line defenders trying to hold back the invasion,” she said.

PHOENIX Arizona Gov. Jan Brewer has signed a bill targeting a school district’s ethnic studies program, hours after a report by United Nations human rights experts condemned the measure.State schools chief Tom Horne, who has pushed the bill for years, said he believes the Tucson school district’s Mexican-American studies program teaches Latino students that they are oppressed by white people.

Public schools should not be encouraging students to resent a particular race, he said.”It’s just like the old South, and it’s long past time that we prohibited it,” Horne said.Brewer’s signature on the bill Tuesday comes less than a month after she signed the nation’s toughest crackdown on illegal immigration – a move that ignited international backlash amid charges the measure would encourage racial profiling of Hispanics. The governor has said profiling will not be tolerated.The measure signed Tuesday prohibits classes that advocate ethnic solidarity, that are designed primarily for students of a particular race or that promote resentment toward a certain ethnic group.

The Tucson Unified School District program offers specialized courses in African-American, Mexican-American and Native-American studies that focus on history and literature and include information about the influence of a particular ethnic group.For example, in the Mexican-American Studies program, an American history course explores the role of Hispanics in the Vietnam War, and a literature course emphasizes Latino authors.

Horne, a Republican running for attorney general, said the program promotes “ethnic chauvinism” and racial resentment toward whites while segregating students by race. He’s been trying to restrict it ever since he learned that Hispanic civil rights activist Dolores Huerta told students in 2006 that “Republicans hate Latinos.”

District officials said the program doesn’t promote resentment, and they believe it would comply with the new law.The measure doesn’t prohibit classes that teach about the history of a particular ethnic group, as long as the course is open to all students and doesn’t promote ethnic solidarity or resentment.

About 1,500 students at six high schools are enrolled in the Tucson district’s program. Elementary and middle school students also are exposed to the ethnic studies curriculum. The district is 56 percent Hispanic, with nearly 31,000 Latino students.Sean Arce, director of the district’s Mexican-American Studies program, said last month that students perform better in school if they see in the curriculum people who look like them.

“It’s a highly engaging program that we have, and it’s unfortunate that the state Legislature would go so far as to censor these classes,” he said.Six UN human rights experts released a statement earlier Tuesday saying all people have the right to learn about their own cultural and linguistic heritage, they said.

Brewer spokesman Paul Senseman didn’t directly address the UN criticism, but said Brewer supports the bill’s goal.”The governor believes … public school students should be taught to treat and value each other as individuals and not be taught to resent or hate other races or classes of people,” Senseman said.Arce could not immediately be reached after Brewer signed the bill late Tuesday.(AP)

Washington Attorney General Eric Holder said Sunday that the Justice Department was considering a federal lawsuit against Arizona’s new immigration law. “We are considering all of our options. One possibility is filing a lawsuit,” Holder told NBC’s “Meet the Press.” Possible grounds for the lawsuit would be whether the Arizona law could lead to civil rights violations, he said. The recently enacted Arizona law initially allowed police to ask anyone for proof of legal U.S. residency, based solely on a police officer’s suspicion that the person might be in the country illegally.

Arizona lawmakers soon amended the law so that officers could check a person’s status only if the person had been stopped or arrested for another reason. Critics say the law will lead to racial profiling, while supporters say it involves no racial profiling and is needed to crack down on increasing crime involving illegal immigrants. In Arizona , the city councils of Tucson and Flagstaff have decided to challenge the new immigration law in court. Holder told ABC’s “This Week” program that one concern about the Arizona law is that “you’ll end up in a situation where people are racially profiled, and that could lead to a wedge drawn between certain communities and law enforcement, which leads to the problem of people in those communities not willing to interact with people in law enforcement, not willing to share information, not willing to be witnesses where law enforcement needs them.”

“I think we could potentially get on a slippery slope where people will be picked on because of how they look as opposed to what they have done, and that is, I think, something that we have to try to avoid at all costs,” Holder added. Holder said comprehensive federal immigration reform is the best approach for the problem of illegal immigrants crossing U.S. borders. His stance echoed the approach favored by President Obama, who last week criticized the Arizona law and said he wants Congress to work on the issue this year.

Comprehensive immigration reform would include continuing government efforts to secure borders from illegal immigrants, as well as steps to crack down on businesses that employ them, Obama said at a Cinco de Mayo celebration at the White House. In addition, he said, those living illegally in the United States would have to pay a penalty and any taxes they owe, learn English and “make themselves right with the law” before starting the process of gaining U.S. citizenship.(CNN)

WASHINGTON – As hopes for Republican support fade, Senate Democratic leaders on Thursday unveiled a push for comprehensive immigration reform aimed in part at stopping Arizona’s tough immigration-enforcement law from spreading to other states.”Democrats and Republicans agree on one thing: The immigration system is broken and needs to be fixed,” Senate Majority Leader Harry Reid, D-Nev., said at a Capitol Hill news conference. “We are offering this framework as an invitation to our Republican colleagues: Work with us to solve this problem that has plagued us for far too long.”But that invitation was met with skepticism by some key Republicans, including Sen. Lindsey Graham, R-S.C., who this week abandoned efforts to work with Sen. Charles Schumer, D-N.Y., on a bipartisan bill. He was the only Republican working on the bill.

When it was clear that Graham was out, Democrats moved ahead with their own proposal, in part to respond to calls for action by Hispanic rights groups. Hispanic voters, who helped propel Barack Obama into the White House in 2008 after he pledged to make immigration reform a priority, make up an important part of Democrats’ political base.

But it is unclear whether the president will throw his weight behind the latest proposal, which would require that border security be significantly tightened before the government could offer a path to citizenship to the estimated 11 million immigrants in the country illegally.On Wednesday, Obama said Congress may lack the “appetite” to take on immigration during an election year in which Democrats are expected to lose seats in the House and Senate. But in a statement Thursday, Obama praised the proposal.

“The next critical step is to iron out the details of a bill,” he said. “We welcome that discussion, and my administration will play an active role in engaging partners on both sides of the aisle to work toward a bipartisan solution that is based on the fundamental concept of accountability that the American people expect and deserve.”

Rodolfo Espino, an assistant professor of political science at Arizona State University, said the mixed messages could simply be the result of Obama not wanting to raise expectations too high.Espino warned that Congress’ window of opportunity to act on the hot-button topic is shrinking fast.”If you push this too close to primary- and general-election dates, I just don’t see something very good coming out with respect to a wise immigration-reform policy,” he said. “As you start pushing closer and closer to that Tuesday in November, you’re going to have some Democrats, particularly some of your moderate, vulnerable Democrats, who are going to start waffling a bit more.”

In a joint statement, Graham and Sen. Jon Kyl, R-Ariz., said the immigration proposal is political gamesmanship. “It poisons the well for those of us who are working toward a more secure border and responsible, bipartisan reform of our immigration laws,” the statement said.

But Schumer said he is serious about reform and is continuing to talk with moderate Republican senators about signing onto the proposal, which would, among other things, bar states and municipalities from enacting their own Arizona-style rules and penalties related to immigration because those rules could “undermine federal policies.”The Arizona law, signed last week by Gov. Jan Brewer, makes it a state crime to be in Arizona illegally and requires police and other law-enforcement agents to check documents of people they reasonably suspect to be illegal.A new Gallup Poll indicates that 39 percent of Americans support the law, 30 percent oppose it and 31 percent have not heard of it or have no opinion. The telephone survey was taken Tuesday and Wednesday and had a margin of error of plus or minus 4 percentage points.Attorney General Eric Holder is reviewing the law’s constitutionality.

Tamar Jacoby, president of the pro-reform ImmigrationWorks USA, has warned that a politically motivated, all-Democratic push for immigration reform could dramatically set back efforts to enact a new comprehensive policy. But she said it’s too soon to write off the latest Senate proposal as a political gambit and remains cautiously optimistic.”There’s still a chance that this isn’t just playing politics with it,” said Jacoby, whose organization backs reform from a center-right, pro-business perspective. “There are signs that they are still making some effort into making it a bipartisan push. Of course, it also still has a chance to go off the rails, but we so far are still walking that fine line.”

Democrats acknowledged they cannot pass the bill without help from at least a handful of Republican senators. House Democratic leaders have said they are waiting for the Senate to take action first.”The urgency of immigration reform cannot be overstated,” Schumer said.

PHOENIX  Anger mounted Thursday over an Arizona law cracking down on illegal immigration as a police officer filed one of the first lawsuits challenging the law and activists gathered outside an Arizona Diamondbacks game at Wrigley Field in Chicago, chanting “Boycott Arizona.”The lawsuit from 15-year Tucson police veteran Martin Escobar is one of two filed Thursday, less than a week after Republican Gov. Jan Brewer signed the law that’s sparked fears it will lead to racial profiling despite the governor’s vow that officers will be properly trained.U.S. Attorney General Eric Holder has said the federal government may challenge the law, which requires local and state law enforcement to question people about their immigration status if there’s reason to suspect they’re in the country illegally, and makes it a state crime to be in the United States illegally.Escobar, an overnight patrol officer in a heavily Latino area of Tucson, argues there’s no way for officers to confirm people’s immigration status without impeding investigations, and that the new law violates numerous constitutional rights.

Tucson police spokesman Sgt. Fabian Pacheco said Escobar is acting on his own, not on behalf of the department.The National Coalition of Latino Clergy and Christian Leaders also filed a lawsuit Thursday, and is seeking an injunction preventing authorities from enforcing the law. The group argues federal law pre-empts state regulation of national borders, and that Arizona’s law violates due process rights by letting police detain suspected illegal immigrants before they’re convicted.

“Mexican-Americans are not going to take this lying down,” singer Linda Ronstadt, a Tucson native, said at a state Capitol news conference on another lawsuit planned by the American Civil Liberties Union, the Mexican American Legal Defense and Educational Fund and the National Immigration Law Center.At least three Arizona cities  Phoenix, Flagstaff and Tucson are considering legal action to block the law. In Flagstaff, police are investigating a threatening e-mail sent to members of the city council over their opposition to the law. The author said council members should be “arrested, tried in court, found guilty of treason and hanged from the nearest tree!”

About 40 immigrant rights activists gathered outside Wrigley Field in Chicago Thursday as the Cubs open a four-game series against the Arizona Diamondbacks. A small plane toting a banner criticizing the law circled the stadium, and activist George Lieu said they’ve sent a letter to Cubs management asking them to stop holding spring training in Arizona.A Cubs spokesman declined to comment. Arizona manager A.J. Hinch says the team is there to play baseball.

On Wednesday, a group filed papers to launch a referendum drive that could put the law on hold until 2012, when voters could decide whether it is repealed.The legislation’s chief sponsor, Republican Rep. Russell Pearce, said he has no doubt voters will support the new law at the ballot box, which would then protect it from repeal by the Legislature. In Arizona, measures approved by voters can only be repealed at the ballot box.

Meanwhile, the effect of the law continued to ripple beyond Arizona.A group of conservative state lawmakers in Oklahoma are considering pushing a bill similar to Arizona’s. In Texas, Rep. Debbie Riddle, a Republican, said she will introduce a measure similar to the Arizona law in the January legislative session. And Republicans running for governor in Colorado and Minnesota expressed support for the crackdown. “I’d do something very similar” if elected,” Former Rep. Scott McInnis, told KHOW-AM radio in Denver.

Denver Public Schools is banning work-related travel to Arizona. Even though school employees are in the country legally, DPS spokesman Kristy Armstrong said officials don’t want them to be “subjected to that kind of scrutiny and search.Retired South African archbishop Desmond Tutu also chimed in, saying he supports the idea of a boycott of Arizona businesses, according to a letter he wrote that was posted Wednesday onTheCommunity.com, a website for Nobel peace laureates that promotes peace and human rights.

“I recognize that Arizona has become a widening entry point for illegal immigration from the South … but a solution that degrades innocent people, or that makes anyone with broken English a suspect, is not a solution,” Tutu saidColombian singer Shakira planned to visit Phoenix on Thursday to meet with the city’s police chief and mayor over her concerns that the law would lead to racial profiling.(Ap)

PHOENIX A referendum drive and a lawsuit have emerged as potential road blocks to Arizona’s tough new law on illegal immigration that has thrust the state into the national spotlight.The legal action set to be filed Thursday in federal court is aimed a preventing enforcement of the controversial measure, while the ballot question could put it on hold until 2012.

Signed last week by Republican Gov. Jan Brewer, the law requires local and state law enforcement to question people about their immigration status if there’s reason to suspect they’re in the country illegally, and makes it a state crime to be in the United States illegally.A draft of the proposed lawsuit obtained by The Associated Press shows the National Coalition of Latino Clergy and Christian Leaders will seek an injunction preventing authorities from enforcing the law. The group argues federal law pre-empts state regulation of national borders, and that Arizona’s law violates due-process rights by allowing suspected illegal immigrants to be detained before they’re convicted.

Other Hispanic and civil rights groups, including the American Civil Liberties Union and the Mexican American Legal Defense and Educational Fund, are also planning lawsuits. And U.S. Attorney General Eric Holder has said the federal government may challenge the law.On Wednesday, a group filed papers to launch a referendum drive that could put the law on hold until 2012 if organizers wait until the last minute to turn in petition signatures needed to get the measure on the ballot.

Opponents of the law have until late July or early August to file the more than 76,000 signatures  the same time the law is set to go into effect. If they get enough signatures, the law would be delayed until a vote.But the deadline to put a question on the November ballot is July 1, and a referendum filing later than that could delay a vote on the law until 2012, officials with the Secretary of State’s Office said.”That would be a pretty big advantage” to the law’s opponents, said Andrew Chavez, head of a Phoenix-based petition-circulating firm and chairman of the One Arizona referendum campaign.The legislation’s chief sponsor, Republican Rep. Russell Pearce, said he has no doubt voters will support the new law at the ballot box, which would then protect it from repeal by the Legislature. In Arizona, measures approved by voters can only be repealed at the ballot box.The clergy group’s lawsuit targets a provision allowing police to arrest illegal-immigrant day laborers seeking work on the street or anyone trying to hire them, according to the draft. It says the solicitation of work is protected by the First Amendment.

State Rep. Ben Miranda, a Phoenix Democrat who will serve as the local attorney on the case, said it was important to file the suit quickly to show local Latinos and the rest of the country that there’s still a chance the law won’t be enacted.”I think there’s real damage being caused right now,” Miranda said. “How do you measure the kind of fear … going on in many parts of this community?”At least three Arizona cities also are considering lawsuits to block the law. Phoenix Mayor Phil Gordon said the measure would be “economically devastating,” and called on the City Council to sue the state to stop it from taking effect.

The council rejected that idea Tuesday, yet the mayor told reporters he retained legal counsel to prepare a lawsuit to file on behalf of the city.Tucson leaders also are considering their options to block the law, and Flagstaff City Councilman Rick Swanson said the city had a duty to protect its residents who might be targeted.

Meanwhile, the effect of the law continued to ripple beyond Arizona.A Republican Texas lawmaker said she’ll introduce a measure similar to the Arizona law next year. Texas Rep. Debbie Riddle of Tomball said she will push for the law in the January legislative session, according to Wednesday’s editions of the San Antonio Express-News and Houston Chronicle.And Republicans running for governor in Colorado and Minnesota expressed support for the crackdown. “I’d do something very similar” if elected,” Former Rep. Scott McInnis, told KHOW-AM radio in Denver.