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Justices cast doubt on government\'s argument in immigration case

Supreme Court justices questioned U.S. Solicitor General Donald Verrilli closely about the government's argument that Arizona cannot require police officers to ask about immigration status during stops at oral arguments Wednesday.

The justices asked Verrilli why the federal government has set up a system for local police officers to ask and answer questions about suspects' immigration statuses if it did not intend for local officers to do so. "It seems to me the federal government just doesn't want to know who's here illegally or not," Chief Justice John Roberts said. Verrilli denied that and said that once immigration checks become mandatory and a state policy, they interfere with the federal government's immigration priorities and could cause problems with other nations if large numbers of illegal immigrants are jailed in Arizona under SB1070's other statutes. Justice Sonia Sotomayor, part of the court's liberal wing, interrupted Verrilli to tell him she was "very confused" by his argument about why the state is not allowed to question people about their status.

Justice Kennedy, generally the Court's swing vote, asked repeatedly about how long someone would be detained while a police officer checked his or her status. Paul Clement, representing Arizona, said it would take an average of 11 minutes. Verrilli countered that it takes 70 minutes, when you take into account the hour wait to get through to the federal government's databases.

The lawyers also sparred over whether the statute's criminalization of illegal immigrants seeking work conflicts with Congress' intent, since the major 1986 immigration law only criminalizes employers, not employees. Verrilli said it would be an "extraordinary" step to jail illegal immigrants for seeking work.

Arizona Gov. Jan Brewer, the bill's author, and Romney adviser Kris Kobach, along with ousted Arizona state senator Russell Pearce were in the audience.

Outside the courthouse, Pearce said he was very "pleased" with how the arguments went. "I think it will be a minimum of 5-3" in favor of Arizona, he told Yahoo News.

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