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Brewer Counterclaim

Brewer Counterclaim

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Published by skuhagen
Gov. Jan Brewer's counterclaim in the case over SB 1070
Gov. Jan Brewer's counterclaim in the case over SB 1070

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Published by: skuhagen on Feb 16, 2011
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02/21/2011

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1234567891011121314151617181920212223242526Thomas C. Horne (#002951)Attorney GeneralMichael Tryon (#003109)Senior Litigation Counsel1275 West Washington StreetPhoenix, Arizona 85007-2926Telephone: (602) 542-5025tom.horne@azag.govmichael.tryon@azag.gov
 Attorneys for Defendant/ Counterclaimant the State of Arizona
Joseph A. Kanefield (#015838)Office of Governor Janice K. Brewer 1700 W. Washington, 9th Floor Phoenix, AZ 85007Telephone: (602) 542-1586 jkanefield@az.gov
 Attorney for Defendants/Counterclaimants
John J. Bouma (#001358)Robert A. Henry (#015104)Joseph G. Adams (#018210)Kelly A. Kszywienski (#025578)SNELL & WILMER 
L.L.P.
One Arizona Center 400 E. Van BurenPhoenix, AZ 85004-2202Telephone: (602) 382-6000 jbouma@swlaw.com bhenry@swlaw.com jgadams@swlaw.comkkszywienski@swlaw.com
 Attorneys for Defendants/Counterclaimants
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF ARIZONA
The United States of America,Plaintiff,v.The State of Arizona; and Janice K. Brewer,Governor of the State of Arizona, in her Official Capacity,Defendants. No. 2:10-cv-01413-SRB
THE STATE OF ARIZONA ANDGOVERNOR JANICE K.BREWER’S ANSWER ANDCOUNTERCLAIMS
The State of Arizona; and Janice K. Brewer,Governor of the State of Arizona, in her Official Capacity,Counterclaimants,v.The United States of America; the UnitedStates Department of Homeland Security;Janet Napolitano, Secretary of the UnitedStates Department of Homeland Security, inher official capacity; the United StatesDepartment of Justice; and Eric H. Holder,Jr., Attorney General for the United StatesDepartment of Justice, in his official capacity,Counterdefendants.
Case 2:10-cv-01413-SRB Document 138 Filed 02/10/11 Page 1 of 56
 
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Defendants, the State of Arizona (“Arizona”) and Governor Janice K. Brewer (“Brewer”), collectively referred to in the Answer as Defendants respond and answer Plaintiff’s Complaint as follows:
INTRODUCTION
1.Defendants admit that the United States of America has sought to enjoin theenforcement of SB 1070, but defendants deny that SB 1070 is preempted by federal law or violates the Supremacy Clause of the United States Constitution (“Constitution”).2.The allegations contained in paragraph 2 are legal conclusions andconjecture about the interpretation of the Constitution and numerous immigration laws.The documents speak for themselves and the characterizations of the Constitution andimmigration laws are specifically denied.3.Defendants admit that the State of Arizona enacted SB 1070. Theremaining allegations contained in paragraph 3 contain conclusions about the intent of SB1070. Answering further, SB 1070 is a document that speaks for itself and anycharacterizations of SB 1070 are denied.4.Defendants deny the allegations contained in paragraph 4. Answeringfurther, plaintiff’s statements in paragraph 4 are conclusions and conjecture about thegoals and implications of SB 1070. SB 1070 speaks for itself and any characterizations of SB 1070 are denied.5.Defendants deny that SB 1070 violates the Supremacy Clause of theConstitution. The remaining portions of paragraph 5 contain characterizations andinterpretations of the Constitution, numerous immigration laws, and the purported view of the United States, all of which are denied.
JURISDICTION AND VENUE
6.Defendants admit that this action arises under the Constitution and theImmigration and Nationality Act, (“INA”), 8 U.S.C. § 1101,
et. seq.
,but deny that it is
Case 2:10-cv-01413-SRB Document 138 Filed 02/10/11 Page 2 of 56
 
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limited to the specified Articles of the Constitution. Defendants admit that this Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 1331 and 1345 and the plaintiff seeks remedies under 28 U.S.C. §§ 1651, 2201, and 2202.7.Defendants admit that venue is proper.
PARTIES
8.Defendants admit that the United States of America is the plaintiff, andadmits that it has brought this claim on behalf of the United States Department of Homeland Security (“DHS”), the Department of Justice (“DOJ”), and the Department of State.9.Defendants admit that DHS is an executive department of the United States.To the extent that paragraph 9 attempts to summarize portions of the INA, the INA speaksfor itself and any characterizations of such laws are denied.10.Defendants admit that the DOJ is an executive department of the UnitedStates and that the Attorney General shares certain immigration-related responsibilitieswith the Secretary of Homeland Security. To the extent that paragraph 10 attempts tosummarize portions of the INA, the INA speaks for itself and any characterizations of such laws are denied.11.Defendants admit that the Department of State is an executive department othe United States and that the Department of State has responsibility for administeringsome aspects of immigration laws.12.Defendants admit the allegations contained in paragraph 12.13.Defendants admit the allegations contained in paragraph 13.
STATEMENT OF THE CLAIMFederal Authority And Law Governing Immigration And Status of Aliens
14.Defendants admit that the allegations contained in paragraph 14 contain aquote from a small portion of Article VI, Clause 2 of the Constitution. The Constitution is
Case 2:10-cv-01413-SRB Document 138 Filed 02/10/11 Page 3 of 56

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