USA Green Card Immigration Blog

Arizona immigration law heads to court, with $1.2 million war chest – CSMonitor.com.

First of seven lawsuits against tough Arizona immigration law is heard Thursday in federal court in Phoenix. Money from private donors across the US has flowed into a defense fund for the statute.

By Lourdes Medrano, Contributor / July 15, 2010

Tucson, Ariz.

As Arizona heads to court Thursday to defend its tough new immigration law in the first of several legal challenges, it has the backing of many Americans who have opened their wallets to show support for the border state.

Contributions to Gov. Jan Brewer’s special legal defense fund now top $1 million, mostly in website donations of less than $100 pouring in from all over the country. Arizona, California, Texas, and Florida are the states with the most online donors.

As of Tuesday, website contributions totaled $1,104934.63 from 23,955 donors, according to the governor’s office. Additional mail-in donations totaled $93,084, with contributions still coming in, says Tasya Peterson, a Brewer spokeswoman. The average donation is about $46.

The Republican governor set up the fund by executive order in late May to help the state defend its right to enforce the law, which requires local and state authorities to determine the status of suspects they believe to be in the country illegally. The law, which the governor signed in April, has spawned economic boycotts and seven lawsuits – including one by the US Department of Justice filed July 6 – that seek to stop law, known locally as Senate Bill 1070, from going into effect July 29.

The financial contributions surged after the Obama administration its suit, reflecting opinion polls that show strong support for Arizona. In a Christian Science Monitor/TIPP poll released Monday, 51 percent of Americans favor the state’s immigration law. Thirty four percent support the federal government’s case against the state.

Phoenix resident Carlie Murphy, a retiree who has lived in Arizona for five years, says she contributed $20 because the state is trying to address what the federal government has neglected. “Our federal government has not fulfilled its responsibility for a long, long time when it comes to illegal immigration.”

Jeanne Kurucz and her husband, Andrew, of Garden Grove, Calif., donated $25 because they don’t think the federal government should be suing Arizona. “We stand behind Jan Brewer and we think that the government should close the borders,” Ms. Kurucz says.

Brewer and her backers say Arizona had to act because the federal government has failed to secure the border, but critics say the law will encourage racial profiling and is unconstitutional because enforcing immigration laws is a federal duty, not a state responsibility.

It is difficult to accurately estimate how much legal costs will total, says Paul Senseman, Brewer’s communications director. “It depends on many variables including the outcome of the cases, possible appeals, if new cases are filed, if the federal government continues to sue the state, etc.”

Arizona’s defense rests in the hands of private lawyers. Attorney General Terry Goddard, a Democrat who opposes the law, withdrew from representing the state in court after continuing clashes with Brewer, a Republican. Both are running for governor.

Brewer hired Snell & Wilmer LLC, a corporate law firm based in Phoenix, to defend the state. Chairman John Bouma says attorneys are working long hours on behalf of the state. Adjusted hourly rates for the state’s primary attorneys vary from $225 to $450 per hour, according to the firm’s contract with the state.

Thursday’s lawsuit before US District Judge Susan Bolton was filed by Tucson police officer Martin Escobar. Various organizations, including immigrant-advocacy groups and the ACLU, filed subsequent legal challenges. The Justice Department suit contends that the law interferes with federal authority, and attorneys for both sides will argue that case before Judge Bolton on July 22.

Diversity Visa Lottery 2011 DV-2011 Results.

The Kentucky Consular Center in Williamsburg, Kentucky has registered and notified the winners of the DV-2011 diversity lottery. The diversity lottery was conducted under the terms of section 203(c) of the Immigration and Nationality Act and makes available *50,000 permanent resident visas annually to persons from countries with low rates of immigration to the United States. Approximately 100,600 applicants have been registered and notified and may now make an application for an immigrant visa. Since it is likely that some of the first *50,000 persons registered will not pursue their cases to visa issuance, this larger figure should insure that all DV-2011 numbers will be used during fiscal year 2011 (October 1, 2010 until September 30, 2011).

Applicants registered for the DV-2011 program were selected at random from over 12.1 million qualified entries (16.5 million with derivatives) received during the 60-day application period that ran from noon on October 2, 2009, until noon, November 30, 2009. The visas have been apportioned among six geographic regions with a maximum of seven percent available to persons born in any single country. During the visa interview, principal applicants must provide proof of a high school education or its equivalent, or show two years of work experience in an occupation that requires at least two years of training or experience within the past five years. Those selected will need to act on their immigrant visa applications quickly. Applicants should follow the instructions in their notification letter and must fully complete the information requested.

Registrants living legally in the United States who wish to apply for adjustment of their status must contact U.S. Citizenship and Immigration Services for information on the requirements and procedures. Once the total *50,000 visa numbers have been used, the program for fiscal year 2011 will end. Selected applicants who do not receive visas by September 30, 2011 will derive no further benefit from their DV-2011 registration. Similarly, spouses and children accompanying or following to join DV-2011 principal applicants are only entitled to derivative diversity visa status until September 30, 2011.

Only participants in the DV-2011 program who were selected for further processing have been notified. Those who have not received notification were not selected. They may try for the upcoming DV-2012 lottery if they wish. The dates for the registration period for the DV-2012 lottery program will be widely publicized during August 2010.

* The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulated that up to 5,000 of the 55,000 annually-allocated diversity visas be made available for use under the NACARA program. The reduction of the limit of available visas to 50,000 began with DV-2000.

The following is the statistical breakdown by foreign-state chargeability of those registered for the DV-2011 program:

Natives of the following countries were not eligible to participate in DV-2011:  Brazil, Canada, China (mainland-born, excluding Hong Kong S.A.R. and Taiwan), Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, Peru, the Philippines, Poland, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.