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U.S. v. Arizona: Feds Sue to Block State Immigration Law

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The Justice Department made official Tuesday afternoon what its tribunes have hinted at for the past two months: the federal government will challenge the constitutionality of Arizona's controversial new immigration law and seek an immediate injunction from a federal judge to block the measure's enforcement pending judicial review.

The measure is scheduled to go into effect on July 29. If the judge grants the requested stay, a decision expected within weeks, enforcement of the law could be delayed for years -- even if it is ultimately deemed constitutional.

Among other elements, Arizona's law requires police and other law enforcement officials, while enforcing other laws, to question a person's immigration status upon "reasonable suspicion" that they are in the state illegally. The law also makes it a crime for a person not to produce an identification if asked to do so by the police. It broadens the rights of citizens to sue state and local agencies they believe are hindering immigration policies and makes it unlawful for such agencies to have policies that restrict enforcement of federal laws .

"Arizona has taken a reasonable, constitutional approach to dealing with a problem that has been ignored by the Obama administration," Republican lawmakers on Capitol Hill wrote Tuesday in an open letter to Attorney General Eric Holder. "Arizona's law simply applies state penalties to acts already illegal under federal law."

Holder said in the Justice Department's press release announcing the high-profile litigation that "Arizonans are understandably frustrated with illegal immigration, and the federal government has a responsibility to comprehensively address those concerns." But, he added, "diverting federal resources away from dangerous aliens such as terrorism suspects and aliens with criminal records will impact the entire country's safety. Setting immigration policy and enforcing immigration laws is a national responsibility. Seeking to address the issue through a patchwork of state laws will only create more problems than it solves."

Although the general public is split on immigration issues, the Arizona measure is popular in that state and elsewhere. Some states, like South Carolina and Texas, have debated their own Arizona-styled laws. But in their 25-page complaint, federal lawyers argue that Arizona's measures are pre-empted by federal immigration laws and policies, the supremacy clause of the Constitution, and Supreme Court precedent, all of which, they say, have established that immigration matters are a "broad" and "exclusive" federal power. Here's a key paragraph from the complaint styled U.S. v. Arizona:

The nation's immigration laws reflect a careful and considered balance of national law enforcement, foreign relations, and humanitarian interests. Congress has assigned to the United States Department of Homeland Security, Department of Justice, and Department of State, along with other federal agencies, the task of enforcing and administering these immigration-related laws. ... Although states may exercise their police power in a manner that has an incidental or indirect effect on aliens, a state may not establish its own immigration policy or enforce state laws in a manner that interferes with the federal immigration laws.

Critics of the Arizona initiative suggest that the legal issues are as clear-cut as they would be if Arizona were suddenly to attempt to negotiate a treaty with a foreign nation. "The Obama administration's action against this 'show me your papers' law sends a loud and clear message against state laws that institutionalize racial profiling of Latinos and result in an erosion of trust between law enforcement and the community," said Alessandra Soler Meetze of Arizona's American Civil Liberties Union.

Supporters of S.B. 1070, as the Arizona law is captioned, say that Arizona is merely complimenting (but not contradicting) federal policy and/or filling a void where no policy exists. "States like Arizona should not have to act on their own, but Washington's decades of neglect for border security leave them no choice," Republican Study Committee Chairman Tom Price (R-Ga.) stated in a press release Tuesday.

There already are at least four pending lawsuits against the Arizona law. Mexico has challenged the measure and so have civil libertarians, arguing the new policies violate the equal protection clause of the 14th Amendment as well as the Fourth Amendment's search-and-seizure clause. It is possible that all of these lawsuits now will be joined together, with the private litigants focusing upon these issues and the Justice Department focusing upon the pre-emption argument. Here, from the language of the government's brief, is another good summary of the government's position:

Enforcement of S.B. 1070 will disrupt the constitutional order by undermining the federal government's control over the regulation of immigration and immigration policy. ... Moreover, S.B. 1070 will result in the harassment of lawfully present aliens and even U.S. citizens. Implementation of the law will damage the United States' ability to speak with a single and authoritative voice to foreign governments on immigration matters and is already having negative effects on long-standing and vital international relationships.

With an injunction hanging over their heads, anticipate a swift response by lawyers for the Arizona defendants-- certainly within the next week or so -- and a ruling on the injunction before the end of the month. I'll have some analysis on the complaint and the brief later this week.
Filed Under: Law, Immigration

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vivralafrance

Maybe what should be done is what REAGAN did and give amnesty to 3 MILLION illegal aliens, then no one would be an illegal alien in Arizona.

July 08 2010 at 2:17 PM Report abuse -4 rate up rate down Reply
1 reply to vivralafrance's comment
larry

then there would be 10 million more to take thge place of the ones made legal...just like the last time it was done...read your history.

August 01 2010 at 2:25 PM Report abuse +1 rate up rate down Reply
diegoenero

America is a country made up of Immigrants, we cannot take in and support all the immigrants of the world. We must first look out for America, immigrants that take the proper steps to gain citizenship, we should welcome, Those who enter the country illegally, we should deport. Illegal means breaking the law, why do we reward illegal immigrants who break our law. Legal Americans. or legal immigrants eho break our laws get punished, America's priorities are mixed up.
Make some law changes, any baby born in america to an illegal women, once the child is born, the child and the mother both get deported. any business that has illegal workers, gets fined $50,000 for each illegal worker. Illegal immigrants dont get any welfare benefits, no free schooling, America has to start looking out for Americans.

July 08 2010 at 11:21 AM Report abuse +10 rate up rate down Reply
extpd311

Let's adopt the same immigration laws that Mexico has. If you come into the country illegally, you are deported. If you falsify a visa or passport, you are jailed. If you can't prove that you can be self-supporting and an asset to Mexico, you are denied entry! You have no rights to healthcare, social programs, or any other benefits given to a citizen of Mexico. Children born in Mexico do not automatically become citizens.
If you go into Mexico, you will find checkpoints where you have to produce your visa or passport to prove that you are there legally. Checkpoints are manned by police and soldiers armed with automatic weapons. If its OK for Mexico to impose this on US citizens, then I see no problem with the US doing it to Mexican immigrants!

July 08 2010 at 12:21 AM Report abuse +17 rate up rate down Reply
Larry

Right now our biggest threat is our own boarders, we don't know who is coming across anymore, there are rumors of middle eastern insurgents mixing with the Mexicans to cross over to the US, and if that is true we are in very serious trouble, there will be suicide bombers everywhere here and we would be helpless to stop them.
How did this happen to us? And who is to blame? The boarders have been breached for many generations, and every President is to blame than, which means we have all been betrayed by the Federal Government.
I for one do not want to voluntarily pay taxes anymore, the reason is that we are not protected from foreign enemy's who can cross over any time they want, and by enemies I mean the illegal immigrants as well, because they are rewarded for being here illegally, the Government gives them welfare and subsidies for making it across the boarders, they drain our resources, pay no taxes, they send their wages back home and do not reinvest in our economy, and we citizens pay the bill, what a slap in the face to all of us who play by the rules and pull our own weight. We are dupes for allowing our Government to do this to us.
As a citizen and a military veteran I reject our Governments policy's on illegal immigration, and I for one back Arizona's stand to protect their State.

July 08 2010 at 12:10 AM Report abuse +10 rate up rate down Reply
Rob & Kathy

Obama claims federal law preempts Arizona law. Don't sanctuary cities preempt federal law as well? Where is the lawsuit?

July 07 2010 at 11:48 PM Report abuse +8 rate up rate down Reply
marshaljon

President Obama is acting very much like he is going to be a one term President. His opposition to a state law, enacted as a result of the federal government's refusal to enforce immigration law, is political suicide. The situation with the U.S. being overrun with illegal immigrants is a result of several past administrations not demanding that the (INS)Immigration and Naturalization Service do their job! If one agency has failed this country miserably they are it! I was in federal law enforcement for 25 years and time and time again illegal aliens entered the country freely for smuggling and other illegal activities. Most of the time they had come in originally on a legal visa, overstayed the visa and absolutely no effort was made to find these individuals. In Canada their immigration authorities would open a case on all who overstayed their visas to find them and deal with them. The U.S. INS never tried and was totally ineffective with their mandated responsibilities. Now I'm sure we'll hear they didn't have the necessary resources and manpower to perform their duties........my response to that is they didn't make the effort and in addition were virtually no help to other federal agencies that needed their cooperation. I'm not really sure what they did, but whatever it was it wasn't much!

July 07 2010 at 11:36 PM Report abuse +10 rate up rate down Reply
Rob & Kathy

Obama believes his agenda supercedes any Constitutional duty or responsibility...

July 07 2010 at 11:21 PM Report abuse +10 rate up rate down Reply
sfamilyent

State and federal law enforcement agencies have worked long and hard to develop rules of cooperation with respect to the enforcement of federal drug laws.

This federal government challenge of the Arizona state immigration laws requiring state law enforcement personnel to question a person about their immigration status while enforcing other laws and upon reasonable suspicion is a mistake.

Instead of challenging the Arizona state law, the federal agencies responsible for securing our borders and enforcing the immigration laws would be better served by working with the state of Arizona and encouraging the support of local and state law enforcement officers and working through the rules of engagement.

The federal agencies involved have failed to secure our borders from unlawful entry and have failed to enforce immigration laws.

If the federal challenge is upheld and the state law is struck down, could a case be made to strike down all state and local laws associated with the enforcement of any federal civil or criminal law?

July 07 2010 at 11:21 PM Report abuse +4 rate up rate down Reply
woody

All the comments I read are in favor of Arizona's law, why does Obama and the DOJ choose to ignore the wishes of the vast majority? He ignores the will of the American people in hopes of gaining some minority votes...big mistake B.O.

July 07 2010 at 11:15 PM Report abuse +13 rate up rate down Reply
snrar

Looks to me that the Obama Admin. finally read the ARIZONA LAW because all the racial profile talk was not even mentioned in there law suit . This is all grandstanding by Obama pandering towards his latino base . Most Latinos and 95 % of blacks will support him in 2012 so it was all politics not a suit with merit . This is a failed President and Admin. which is going down in history as the worst . He has shown that he has no clue as to how to govern nor lead , Just giving speeches and make like a leader is not going to get this country back on track . Obama has such a far left view and agenda ( just look at his far left latest appointment) he working at such a hard pace to transform this nation that he forgets we the people will fight him at every step.

July 07 2010 at 11:06 PM Report abuse +6 rate up rate down Reply

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