Judge hears Gov. Brewer border case

PHOENIX - A judge is considering arguments over whether to dismiss Gov. Jan Brewer's lawsuit that accuses the federal government of failing to control the Arizona-Mexico border and enforce immigration laws.

The case is a counter-lawsuit by Brewer as part of the U.S. Justice Department's challenge to Arizona's immigration enforcement law.

Brewer's lawyers argue that Arizona isn't getting its fair share of federal reimbursement for the costs of jailing illegal immigrants who break state laws.

"I want them to do everything that needs to be done as far as the invasion, if you will, that's taking place across our border from Mexico," said Brewer.

Justice Department attorneys argue that the governor's lawsuit should be dismissed because a court rejected similar legal claims by Arizona in the 1990s and an appeals court ruling in that case prohibits Brewer from moving forward with her case.

"I understand there's a precedent set but of course, as mentioned in court, things have changed since those precidents were made," said Brewer.

U.S. District Judge Susan Bolton didn't say when she will rule on the dismissal request.

"We didn't ask simply for this fight," said Brewer. "We're gonna wait for the judge to make her determination. I know it's an uphill battle."