This is a rush transcript from "Hannity," July 28, 2010. This copy may not be in its final form and may be updated.
SEAN HANNITY, HOST: A federal judge has struck down parts of Arizona's controversial immigration law. Nonetheless, part of the law remains enforced and will go into effect just hours from now.
Now here's a breakdown of what Judge Susan Bolton decided to block: First, police will not be allowed to check the immigration status of Arizona's citizens in the course of enforcing other laws. Additionally, individuals will not be required to carry proof of their immigration status with them. Now originally, the law made the failure to carry these papers a crime.
Now the law was further restricted by Judge Bolton's ruling that illegal aliens may solicit, apply for and work in the United States.
Now finally, the decision bars the law's authorization of warrantless arrests in certain cases. In particular, when authorities determine there is probable cause to believe an individual has committed a crime that would result in his deportation from the U.S.
Now many have argued that these are the most controversial aspects of the Arizona law. Yet within a few hours, the rest of the legislation will in fact go in effect.
And joining me now with reaction to all of this and to explain what this will all mean for the great state of Arizona is the governor of that state, Jan Brewer.
Governor, welcome back to "Hannity."
GOVERNOR JAN BREWER, R-ARIZ.: Well, hello, Sean, how are you?
HANNITY: Boy, you seem in good cheer in light of today. I'm glad to see that.
Yes, I guess I want to start off with a serious question, Governor, if I can. Is it a fair interpretation, in your mind, today's court ruling, to say that it appears that the federal government won't protect American citizens, won't enforce the law, and also, on the other hand now the state of Arizona, that you can't do it either. Is that fair?
BREWER: That's very fair. That's the truth. We now have been told by a federal judge and by the federal government that they're just not going to enforce their laws. And they're not going to allow Arizona to help them enforce their laws.
So it was a bit of disappointment but let me say that, you know, this is a little road bump on the path. Today was a temporary hold put on the legislation on Senate Bill 1070. And of course, we realize that law — the lawsuit will continue through the court.
HANNITY: Yes. You did say one thing —
BREWER: For both sides to be —
HANNITY: Yes. You did say in your statement that you are heartened by some of the findings including the ban on sanctuary cities. Why don't you explain to our audience what that's about?
BREWER: Well, the sanctuary city issue is big. You know, and not only in Arizona but throughout the country. What it says is that police officers can do their job, they can enforce federal laws and their supervisors are not able to tell them not to enforce them.
So now our people that are out on the streets, out on the — in the community, they can enforce the federal immigration law. So that's a big win.
HANNITY: All right.
BREWER: Because we know that law enforcement is very supportive of that.
HANNITY: All right. You said the fight is far from over. As a matter of fact, in I guess quintessentially, you know, your typical fighting mode because you've been willing to take on the entire federal government and the president of the United States and I think public opinion polls show that you're winning.
You say this is just the beginning. You say you've consulted with your legal team about your next steps. What are the next steps for you?
BREWER: Tomorrow we will file an expedited appeal at the Ninth Circuit Court of Appeals.
HANNITY: And you will say and argue?
BREWER: And we will argue that Arizona is right. We want to hear from them. Now knowing that the Ninth Circuit of course is a pretty liberal situation, and I assume that we will move forward then to the superior — to the Supreme Court.
I'm not a quitter. The people of Arizona are not quitters. America is not going to sit back, I don't believe, and allow this type of action to take place. We are a nation of laws and we believe they need to be enforced.
And it's unfortunate that it takes a little city or a little state like Arizona to fight the United States federal government, but that's what we're up to. And the encouragement, Sean, I will tell you from the people of Arizona, the people of America, are on our side.
And this is going to be, you know, a significant cost, of course, to the state of Arizona and so I just keep thanking people for their support and their encouragement, and ask them to be considerate and go to KeepAZsafe.com, my legal defense fund, and help us out with a five buck donation or a $50 donation.
We're going to need it. But we're not going to quit. We're fighting for America.
HANNITY: You know, Governor, I'm listening to your optimism and good cheer about this, and you even said that you would take this as far as the Supreme Court if necessary here. It seems that the judge bought into the ACLU. A lot people don't know this, there are seven litigants in this case. But the judge bought into the ACLU's preemption argument here. They were arguing on supremacy, on preemption, everything but the way the president characterized the bill that it would be about racial profiling. They didn't argue that.
Here's what I'm trying to put together in my mind. The federal government has always relied on local police forces, for example, to help enforce the federal drug laws. Immigration laws.
It seems to me what the judge is saying here now is that if there is a federal law, states are incapable of passing laws that would support or reinforce what the federal statutes say.
Am I reading or interpreting her ruling correctly?
BREWER: No, you're absolutely right. You're absolutely, absolutely right. And you know, I would be very frank with you, Sean. I really believe and I will consider filing suit against the United States federal government in regards to that issue.
You know, if they're going to be in charge of illegal immigration and they want no help from states, well then darn it, do your job. Then enforce the laws. And I'm going to be speaking with my legal counsel in the next couple of days and determine just exactly if we should go in that direction or not.
HANNITY: Governor, isn't that what it really — isn't that what it comes down to, is that the federal government has failed in enforcing their own laws? Because I read the 16 pages.
This seemed to be an enforcement law. You know, to helping the federal government. How bad — for the people that don't know, and I've been to the border five, six times now, and I've been up in helicopters, and out on boats, and on horseback, and all-terrain vehicles.
And I've been to the Rio Grande and I've been in the border in Tucson and I've been to San Diego. So I've been there and I've been out with Border Patrol.
How bad — from your perspective, Phoenix is the kidnapping capital in the country. How bad is it for maybe people that that don't live in a border state?
BREWER: Well, you know, we have a terrible situation. And the biggest fear, of course, are the — are the drug cartels. We want our borders secured. If the federal government would step up and do their job, do their responsible job of securing our border, we would not be faced with this.
We cannot sustain the outrageous cost that it is costing us here in the state with education, health care and incarceration. We cannot tolerate it. And then we're very concerned about the drug cartels and the spillovers. We have drop houses in our communities affecting everybody, you know, that happens to be living in those neighborhoods.
It's — you know, it's unfortunate and it's unfair. And as governor, Sean, and you know this, every governor takes an oath to protect the citizens of their state. And I will do that. I'm not going to back down.
The government needs to step up and do their job.
BREWER: And by goodness if they don't want our help then they need do it themselves.
HANNITY: That's a great point. Governor, and I support your efforts because I think this on top of everything else —
BREWER: Thank you.
HANNITY: — is a national security issue. And I admire the tough stand. You went to the White House. You met with the president. You invited him to come to the border. Tell us a little bit about that meeting and his specific answer to that question, would he come to visit the border.
BREWER: Well, you know he didn't want to come. He wasn't available. He didn't have time to come down and see this himself, personally. He wanted to tell me that the border, you know, is secure as it has ever been.
Well, we all know the border hasn't been secure as it has ever been. I mean it's never been secure. We wouldn't have the amount of illegal immigrants in the state of Arizona and the amount of — of the drug cartels spilling over into the — into the state with the drug supplies.
So it's been an issue of where I invited him. He didn't have time. I offered him lunch and he has not responded. And, you know, I still invite him. Mr. President, come see it with your own eyes.
HANNITY: Yes. You know what? He might actually learn something.
Anyway, Governor, I know I speak for a lot of people. This is an important national security issue. You're taking a tough stand. I know you've taken a lot of heat. But the polls show almost 70 percent of the American people agree with you.
So good luck and continue the fight while we continue to watch and follow the issue here on "Hannity." Thank you for being with us, Governor.
BREWER: Thank you, Sean.
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