Appeals court takes up SB 1070's immigrant harboring ban

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By Andrew Michalscheck By Andrew Michalscheck

SAN FRANCISCO -- The fight over Senate Bill 1070 is taking the next step in the court system. It's going to the 9th Circuit Court of Appeals in San Francisco.

Gov. Jan Brewer's lawyers will try to salvage part of what's left of the law she signed in 2010 to combat illegal immigration. Attorneys for the state will argue that Arizona has a legal right to arrest and prosecute those who, while violating any other law, harbor or transport someone they know, or should know, is in this country illegally.

They want the court to reverse a ruling by U.S. District Judge Susan Bolton blocking the state from enforcing the measure.

In issuing her injunction in 2010, Bolton pointed out it already is a federal crime to transport illegal immigrants within the country.

Lawyers for the ACLU and the Justice Department will argue SB 1070 is so vaguely written it could target people who unknowingly give a ride to an illegal immigrant. They will also argue federal pre-emption is precisely why the Supreme Court last year struck down three other provisions of SB 1070.

That hearing was scheduled for 11 a.m.