1070 Demonstrations outside court house as lawsuit arguments begin

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Emotions were running high Thursday outside a federal courthouse in Phoenix, that's where a judge heard the first legal arguments against SB 1070.

Protestors both for and against the immigration law gathered at the courthouse steps, shouting their support and their opposition.

Demonstrators from both groups agree the federal government needs to do something about immigration, but the two sides disagreed about whether 1070 was the way to go.  Police were on hand to make sure the demonstrations stayed peaceful.

While opinions and emotions ruled outside, attorneys inside the courthouse stuck to the facts.

One side wants the law stopped from going into effect, saying it could be unconsitutional; while the governor's attorneys want the case thrown out, calling it speculation.

"Sometimes in life you have to do what is right I'm not a politician and not an acitivist," David Salgado is a Phoneix Police Officer who believes 1070 is unconsitutional. He says it requires officers use race as a primary factor in enforceing the law. He also believes federal law trumps state law.

As a result... "He doesn' t intend to enforce the law until judge tells him that he can becuase this law doesn't violate the federal law," says Attorney Montoya.

The governor's attorney told the judge this case should be dismissed becuase officer salgado lacks legal standing.

But his attorney argues his standing is the real threat of being fired, "Employees can be fired when don't follow employers rules this could be rule result in termination."

The governor's attorney argues that the idea of Salgado being fired, the idea of racial profiling and suspects being detained indefinitely are all just hypotheticals, "We have 15,000 well trained officers out there who make these decisions everyday on road side stops and elsewhere."

He says hypothetical's can't be considered when the likelihood of fair enforcement exists, "What's really important is what actually happens and the statute can always be examined later on how it's actually implemented."

The governor's attorney says the status quo causes arizona, it's citizens and economy, 'irreperable harm.' he says the states strict crackdown does not negate federal immigration law, which he says, "in mnay respects it encourages the assistance of state and local authorities enforce immigraiton law."

The judge is taking the matter under advisement.  In the meantime, there are 6 other cases she will hear on the same issue next week - including the department of justice lawsuit.