Arizona's referendum drives targeting new law dropped

PHOENIX The two proposed referendum drives challenging Arizona’s new sweeping law targeting illegal immigration are being abandoned, organizers said Monday. Andrew Chavez, a professional petition circulator involved in one of the efforts, said its backers pulled the plug after concluding they might not be able to time their petition filings in such a way as to put the law on hold pending a 2012 public vote.Jon Garrido, the chief organizer of the other drive, attributed its end to a belief that the law would have been subject to legal protections under Arizona’s Constitution if approved by Arizona voters.

The law takes effect July 29 unless implementation is blocked by court injunctions requested under at least three of the four pending legal challenges already filed by an Hispanic clergy group, police officers and other individuals.Its provisions include requiring that police enforcing another law must question a person about his or her immigration status if there is “reasonable suspicion” that the person is in the United States illegally. It also makes it a state crime to be in the country illegally.

Critics have said the law will result in racial profiling of Hispanics. Supporters deny that and say the law will pressure illegal immigrants to leave the country on their own.

Chavez said his clients, whom he would not identify, launched the effort in the belief that they could put the law on hold until 2012 by not filing petition signatures until it was too late for state elections officials to place a referendum on the November ballot.

However, the backers decided over the weekend to end the referendum campaign when they concluded there still might be a November vote, not giving them enough time to be confident about being able to wage a successful campaign against the law, Chavez said.

The normal deadline for ballot questions is July 1, after which the printing of November ballots and other election preparations typically get under way. The Secretary of State’s Office previously acknowledged that a down-to-the-wire referendum filing by this year’s July 28 deadline might not give officials enough time to get it on the November ballot. However, the office also said it would depend on circumstances at the time.

Garrido, the chief organizer of the second referendum drive, said its backers abandoned it after getting legal advice that Arizona’s constitutional protections for voter-approved ballot measures would have applied to the law if approved by voters.Secretary of State’s spokesman Matt Benson said Monday the office also believes that the constitutional limitations on possible legislative action would have applied to the law if voters approved it.

The constitutional provisions bar the Legislature from repealing a voter-approved law and only allow legislative changes that further the intent of the original law. Also, any changes must be approved by three-quarters votes of both the House and Senate.

The four legal challenges filed so far in U.S. District Court in Phoenix have been randomly assigned to different judges. Several major civil-rights groups are expected to file another challenge as early as this week.No hearings have been set yet on the lawsuits, which likely will be consolidated into one case before a single judge. That judge would then set a schedule for consideration of the plaintiffs’ requests for injunctions and rulings to strike down the law.(AP)

road blocks to Arizona's tough new law on illegal immigration that has thrust the state into the national spotlight

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.