Feds to file lawsuit over Arizona immigration law

[LarryW]

The Chicago thugs respond...!

http://azstarnet.com/news/local/govt...cc4c03286.html

PHOENIX - The U.S. Justice Department is filing a lawsuit challenging the constitutionality of Arizona's new law targeting illegal immigrants, setting the stage for a clash between the federal government and state over the nation's toughest immigration crackdown.

The planned lawsuit was confirmed to The Associated Press by a Justice Department official with knowledge of the plans. The official didn't want to be identified before a public announcement planned for later Tuesday.

The lawsuit will argue that Arizona's new measure requiring state and local police to question and possibly arrest illegal immigrants during the enforcement of other laws, like traffic stops, usurps federal authority.

Tuesday's action has been expected for weeks. President Barack Obama has called the state law misguided. Supporters say it is a reasonable reaction to federal inaction on immigration.

The law requires officers, while enforcing other laws, to question a person's immigration status if there's a reasonable suspicion that they are in the country illegally.

Republican Gov. Jan Brewer signed the law in April, and it was set to go into effect July 29. The lawsuit could delay implementation of the law.

Arizona passed the law after years of frustration over problems associated with illegal immigration, including drug trafficking and violent kidnappings. The state is the biggest gateway into the U.S. for illegal immigrants, and is home to an estimated 460,000 illegal immigrants.

The lawsuit is expected to be announced by Attorney General Eric Holder and Homeland Security secretary Janet Napolitano, a former Arizona governor.

President Barack Obama addressed the Arizona law in a speech on immigration reform last week. He touched on one of the major concerns of federal officials, that other states were poised to follow Arizona by crafting their own immigration enforcement laws.

"As other states and localities go their own ways, we face the prospect that different rules for immigration will apply in different parts of the country," Obama said. "A patchwork of local immigration rules where we all know one clear national standard is needed."

The law makes it a state crime for legal immigrants to not carry their immigration documents and bans day laborers and people who seek their services from blocking traffic on streets.

The law also prohibits government agencies from having policies that restrict the enforcement of federal immigration law and lets Arizonans file lawsuits against agencies that hinder immigration enforcement.

[busa]

Govern against the will of the people, we are in trouble.

[rdret1]

I don't understand the strategy. How can they try to negate the Arizona law without also negating current federal law. There is nothing substantial in the Arizona law that is not in federal law. Local LEO's are allowed to arrest for federal laws, including immigration. Most local agencies simply do not choose to pursue them, as it tends to be a headache contacting ICE and waiting to see if they are going to come and get them. In my experience, they tend to respond only if the subject has a lengthy record, to include crimes of violence and drugs. They seldom respond if the only infractions are misdemeanors and simply being here illegaly. Gov. Brewer is simply trying to force the feds to enforce the laws already there.

[Sigaba]

Originally Posted by rdret1

Entire post.

If the court agrees with RD's assessment, the unintended consequences could be interesting.

In any case, I think this lawsuit is a good idea because it keeps AZ's solution under discussion and helps to push the debate towards resolution.

YMMV.

[SF_BHT]

Originally Posted by rdret1

I don't understand the strategy. How can they try to negate the Arizona law without also negating current federal law. There is nothing substantial in the Arizona law that is not in federal law. Local LEO's are allowed to arrest for federal laws, including immigration. Most local agencies simply do not choose to pursue them, as it tends to be a headache contacting ICE and waiting to see if they are going to come and get them. In my experience, they tend to respond only if the subject has a lengthy record, to include crimes of violence and drugs. They seldom respond if the only infractions are misdemeanors and simply being here illegaly. Gov. Brewer is simply trying to force the feds to enforce the laws already there.

ICE is toooo busy trying to do the job's of other Federal agencys like DEA, FBI. If they would just do their established job things would work a lot more...... Normally they are too busy snaking cases form others or fighting with CBP.

[echoes]

Originally Posted by rdret1

I don't understand the strategy. How can they try to negate the Arizona law without also negating current federal law.

Very well said, Sir! Am wondering the same thing! Honestly, how can the Federal Government challenge Federal Law upheld by a state??? Unless, the Federal Government thinks that no-one will ask this question??? Scary, IMHO!

Arizona is doing what it must, and as a future resident of that state, I applaud them!

Holly

[tonyz]

This may help provide some understanding of the Feds and their legal strategy/authority. I have not read the Complaint - but I do recall from years ago the concept of congress "occupying the field."

That is, there is a concept in the area of constitutional law commonly referred to as Federal preemption...

Preemption is the rule of law that states that if the federal government - through Congress - has enacted legislation on a subject matter it shall be controlling over state laws and/or preclude the state from enacting laws on the same subject if Congress has "occupied the field."

It may be argued that the Feds have occupied the field in the area of immigration law (although they have chosen to selectively enforce the federal immigration statutes), thus, the AZ statute may be found to be constitutionally invalid.

As I say, I have neither the time nor the inclination to read what the Justice Department has filed, but I did want to share the notion that there may be legal precedent for the suit.

Hope this helps.

[Sigaba]

Originally Posted by tonyz

I have not read the Complaint.

I do not agree that shooting from the hip is the way to go when it comes to the most devisive political debate of the day. YMMV.

FWIW, the complaint is reprinted here. It says in part:

1. In this action, the United States seeks to declare invalid and preliminarily and permanently enjoin the enforcement of S.B. 1070, as amended and enacted by the State of Arizona, because S.B. 1070 is preempted by federal law and therefore violates the Supremacy Clause of the United States Constitution.

[tonyz]

Thanks - no hip shot here - my response was squarely aimed at some suggestions that maybe the feds were "shooting from the hip" - they are not - ample precedent exists for this lawsuit - that was my point - thanks for the cite to the Supremacy Clause.


FYI, generally speaking, The Supremacy Clause invalidates state laws that conflict or interfere with an act of Congress. Moreover, Federal law may preempt state law in any of three ways: (1) Congress explicitly defines the extent to which it intends to preempt state law; (2) in the absence of express preemptive language, Congress indicates an intent to occupy an entire field of regulation and has left no room for states to supplement the federal law; or (3) when compliance with both state and federal law is impossible or when state law stands as an obstacle to accomplishment and execution of the full purposes and objectives of Congress.


Thus, I stand by my comments for their intended purpose.

Thanks again.

[alright4u]

About time for desert training with live fire exercises on the border.That is my 02.

I bet those ranchers on the border would cut out a few prime head of beef for our troops.

[tonyz]

Agreed - I do not wish to confuse my acknowledgment of legal precedent (on the side of the feds in filing this lawsuit) with my support for AZ's attempt to get something done to alleviate this horrible situation. AZ needs to do what AZ feels it needs to do to protect its citizens.

[Paslode]

The Adminstration and the DOJ like things like they are, and do not want to be called to the carpet for ignoring the law and their sworn duty.

Justice Department officials believe that enforcing immigration laws is a federal responsibility

One might consider the POTUS speech regarding immigration as a potential reason why they are sueing Arizona.

In the speech, he criticized Arizona’s law and warned that national legislation is needed to prevent other states from following suit.

If States prevail they might starting wondering what else they can do better than the Feds...

Originally Posted by alright4u

About time for desert training with live fire exercises on the border.That is my 02.

I bet those ranchers on the border would cut out a few prime head of beef for our troops.

I don't know if it is a good or bad thing, but civilains are already discussing just that.

[echoes]

Originally Posted by Paslode

The Adminstration and the DOJ like things like they are, and do not want to be called to the carpet for ignoring the law and their sworn duty.

IMHO, Very well said!!!

And just WTF is the "Administration" using as its criteria, or polling numbers for trying to pull this bull shit??? IMHO, they do not think the American Public will bat an eyelash, or care one iota.

Hope They know that they're wrong, and going to be met with stern opposition!!! For crying out loud, "ILLEGAL, is UNLAWFUL!"

Get It???

Holly

[alright4u]

Originally Posted by rdret1

I don't understand the strategy. How can they try to negate the Arizona law without also negating current federal law. There is nothing substantial in the Arizona law that is not in federal law. Local LEO's are allowed to arrest for federal laws, including immigration. Most local agencies simply do not choose to pursue them, as it tends to be a headache contacting ICE and waiting to see if they are going to come and get them. In my experience, they tend to respond only if the subject has a lengthy record, to include crimes of violence and drugs. They seldom respond if the only infractions are misdemeanors and simply being here illegaly. Gov. Brewer is simply trying to force the feds to enforce the laws already there.

My donations are going to the Gov Jan Brewer. I will vacation in Arizona if possible this year.

[rdret1]

There are way too many contradictions in the complaint for my likeing. Immigration law is the responsibility of the federal government but they can ignore all or part of it if they wish. If they succeed in abolishing the the Az law, will they also supplant all other border state laws including California? The complaint claims that Arizona is creating STATE criminal sanctions for federal immigration violations. They are not. Az is giving LEO's the tools to enforce the fed law. The complaint states that not everyone may have the required ID. This in itself is a misdemeanor violation of every state law. If you are driving without a license, you can get arrested. If you have a fake license, you can get arrested. This is nothing more than an attempt by the federal government to give themselves an excuse to NOT enforce laws on the books. The complaint says the states cannot enforce immigration law, and that the feds won't/ don't have to, if they don't want to. It is pure BS.