Justice Department Sues Arizona Over Immigration Law

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Tuesday, July 06, 2010 at 2:50 pm

The Department of Justice filed its hotly anticipated suit against Arizona’s immigration law today, after months of criticism of the law from the White House and immigrant rights advocates. The main thrust of the suit is that Arizona overstepped its bounds by enacting immigration legislation. Because immigration is already regulated under federal law, the suit alleges that Arizona’s decision to take the issue into its own hands violates the supremacy clause of the Constitution, which sets federal law as the “supreme law of the land,” and has been used to nullify state laws that run up against federal law.

The lawsuit argues that Arizona’s law hurts the federal government’s ability to meet its objectives in dealing with immigration:

S.B. 1070 pursues only one goal – “attrition” – and ignores the many other objectives that Congress has established for the federal immigration system. And even in pursuing attrition, S.B. 1070 disrupts federal enforcement priorities and resources that focus on aliens who pose a threat to national security or public safety. If allowed to go into effect, S.B. 1070’s mandatory enforcement scheme will conflict with and undermine the federal government’s careful balance of immigration enforcement priorities and objectives.

The suit also references “humanitarian concerns” such as “fear of persecution” and aid for the victims of national disasters in arguing that Congress “holds exclusive authority for establishing alien status categories and setting the conditions of aliens’ entry and continued presence.”

This method of argument may be frustrating for the 50 percent of Americans who think more needs to be done to curb illegal immigration. Obama’s push for immigration reform has no specific timetable and has not yet won Republican support. Frustrated with a lack of federal momentum, many states have decided to take up the issue.

If the Department of Justice is successful in shutting down the new Arizona law, it would be a major blow against state efforts to curb immigration. And they might have help from a case already on the Supreme Court docket: The Court decided last week to consider a different case on Arizona immigration law. In that case, the Chamber of Commerce is attempting to use a similar argument to overturn a 2007 Arizona law that punishes businesses for knowingly hiring illegal immigrants. The Supreme Court is expected to issue a ruling on that case in its next term.

Arizona’s SB 1070 is set to go into effect July 29, but the government is seeking an injunction to delay implementation until the case is resolved.

An announcement from the Department of Justice is expected later today.

Update: Here’s the statement from the Justice Department:

WASHINGTON – The Department of Justice challenged the state of Arizona’s recently passed immigration law, S.B. 1070, in federal court today.

In a brief filed in the District of Arizona, the Department said S.B. 1070 unconstitutionally interferes with the federal government’s authority to set and enforce immigration policy, explaining that “the Constitution and federal law do not permit the development of a patchwork of state and local immigration policies throughout the country.” A patchwork of state and local policies would seriously disrupt federal immigration enforcement. Having enacted its own immigration policy that conflicts with federal immigration law, Arizona “crossed a constitutional line.”

The Department’s brief said that S.B. 1070 will place significant burdens on federal agencies, diverting their resources away from high-priority targets, such as aliens implicated in terrorism, drug smuggling, and gang activity, and those with criminal records. The law’s mandates on Arizona law enforcement will also result in the harassment and detention of foreign visitors and legal immigrants, as well as U.S. citizens, who cannot readily prove their lawful status.

In declarations filed with the brief, Arizona law enforcement officials, including the Chiefs of Police of Phoenix and Tucson, said that S.B. 1070 will hamper their ability to effectively police their communities. The chiefs said that victims of or witnesses to crimes would be less likely to contact or cooperate with law enforcement officials and that implementation of the law would require them to reassign officers from critical areas such as violent crimes, property crimes, and home invasions.

The Department filed the suit after extensive consultation with Arizona officials, law enforcement officers and groups, and civil rights advocates. The suit was filed on behalf of the Department of Justice, the Department of Homeland Security, and the Department of State, which share responsibilities in administering federal immigration law.

“Arizonans are understandably frustrated with illegal immigration, and the federal government has a responsibility to comprehensively address those concerns,” Attorney General Holder said. “But 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.”

“With the strong support of state and local law enforcement, I vetoed several similar pieces of legislation as Governor of Arizona because they would have diverted critical law enforcement resources from the most serious threats to public safety and undermined the vital trust between local jurisdictions and the communities they serve,” Department of Homeland Security Secretary Janet Napolitano said. “We are actively working with members of Congress from both parties to comprehensively reform our immigration system at the federal level because this challenge cannot be solved by a patchwork of inconsistent state laws, of which this is one. While this bipartisan effort to reform our immigration system progresses, the Department of Homeland Security will continue to enforce the laws on the books by enhancing border security and removing criminal aliens from this country.”

The Department has requested a preliminary injunction to enjoin enforcement of the law, arguing that the law’s operation will cause irreparable harm.

“Arizona impermissibly seeks to regulate immigration by creating an Arizona-specific immigration policy that is expressly designed to rival or supplant that of the federal government. As such, Arizona’s immigration policy exceeds a state’s role with respect to aliens, interferes with the federal government’s balanced administration of the immigration laws, and critically undermines U.S. foreign policy objectives. S.B. 1070 does not simply seek to provide legitimate support to the federal government’s immigration policy, but instead creates an unprecedented independent immigration scheme that exceeds constitutional boundaries,” the Department said in its brief.

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Wadco
Comment posted July 6, 2010 @ 7:27 pm

This is ridiculous. It's not an immigration issue; it's a legal issue. When any police anywhere stop someone committing an apparently illegal act, they ask for identification. Then they run that identification through the computer. If the stoppee has an open crime on his sheet, they take him/her to jail. The Arizona police are not getting involved with illegal immigration; they're trying to ameliorate its effects. There's a huge difference, constitutionally and in reality.


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Comment posted July 6, 2010 @ 8:10 pm

If this is all that the “best and the brightest” can pull from the “Arizona sun” into the shade of the Federal pre-emption umbrella, we are in for the legal equivalent of a melanoma epidemic. A pathetic effort by the Feds; how can Arizona not win?


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Comment posted July 6, 2010 @ 8:26 pm

I am so sick of this. The Arizona Law mirrors the Federal Law! Read it……


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Comment posted July 6, 2010 @ 9:56 pm

i think all states should follow arizonas law get rid of the illegals ither countries have tough immigration laws while here in the U.S. we give em welfare ..


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Comment posted July 6, 2010 @ 10:10 pm

LOL “The lawsuit argues that Arizona’s law hurts the federal government’s ability to meet its objectives in dealing with immigration.”

Seriously? Maybe if the Federal Government actually had an objective, sure. But hey, I'm not seeing much of an objective.


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Epistemology
Comment posted July 6, 2010 @ 11:17 pm

The Job of the Federal Government is to secure the welbeing of we the people as the acting Leader of defense or the term Common defense, The State has a better chance of sue-ing the Federal Government for seeking to dis Miss the rights of the state to secure the safty of the people from a pre ceved threat.
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Jcarrera7
Comment posted July 6, 2010 @ 11:27 pm

Master J.
All frustration from any source disrups the person who is not happy. Nothing they ever found was it for them so they continue on their petty life. Rise and remain quiet. If you can't do that, work on your automatic mental shatter and let others enjoy peace.


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Epistemology
Comment posted July 6, 2010 @ 11:37 pm

The States Rights or Constitution is to be Governed By the Federal Constitution Any act by the leadership of common defense to Dis Miss Self Defense rights is unconstitutional, So Out lined By the Bill of rights Bill of rights “Amen”dment 2 . that has its foundation in the Book of Esther 8:11 from the Bible or Torah The word Law meaning instruction not condemnation. As I Understand that is where or part of the reason we Have the Star of David on the United States Army Crest Go Army Go Guard, Self defense is not murder, killing someone in the act of self defense Stopping another from Hiting you is not Murder it is self defense it is securing your life that could be ended from another that is hitting you.
When Common defense leadership seeks to hold you in rebuke for self defense with or with Out Arms is dereliction of duty to the Oath of office as the leadership of common defense, the blacks law dictionary outlines these actions as Direct criminal constitutional Contempt. The History behind the Sanctum Mcgallium give us a way to sue the Appointed persons or elected person for such Kings rule actions Sue them out. Its helps to remove immunity the other law that came be used is U.S. Title 42 usc section 1983. Flood the small claims courts. Appointed or elected Suit them out.
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Epistemology
Comment posted July 6, 2010 @ 11:38 pm

The States Rights or Constitution is to be Governed By the Federal Constitution Any act by the leadership of common defense to Dis Miss Self Defense rights is unconstitutional, When Common defense leadership seeks to hold you in rebuke for self defense with or with Out Arms is dereliction of duty to the Oath of office as the leadership of common defense, the blacks law dictionary outlines these actions as Direct criminal constitutional Contempt. The History behind the Sanctum Mcgallium give us a way to sue the Appointed persons or elected person for such Kings rule actions Sue them out. Its helps to remove immunity the other law that came be used is U.S. Title 42 usc section 1983. Flood the small claims courts. Appointed or elected Suit them out.
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Epistemology
Comment posted July 6, 2010 @ 11:45 pm

One way to Help this problem is to close the Loop Hole, Stop The Birth rights laws The If they are Born on United States Soil laws.
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Epistemology
Comment posted July 6, 2010 @ 11:53 pm

Rise and remain quiet, Sir if one rises to speak up how can they remain Quiet, National defense Starts with Prayer then goes through stages of self control to give one the way to work on what words to use with freedom of press an speech to slove a matter, Thats like standing at the Gate as a Guard but never checking any the seeks to pass, That sound like Obama the worthless Common defense leader. thank God for Term Limit's
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As this article makes it abundantly clear, personal and family defense is something that each and every one of us needs to examine. Ask yourself, if you lived in Arizona, what would you do to protect your family.
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Comment posted July 7, 2010 @ 3:18 am

Arizona, the country backs your position. Good luck!


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Obama just wants amnesty do he can have more democrats(the illegals) vote for him. Our country is going broke, following Calif who is over run with illegals and on the brink of bankruptcy


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Comment posted July 7, 2010 @ 12:23 pm

It's about time that someone realized that creating different immigration requirements on a state by state basis is a terrible idea, and undermines authority of the Federal government. Sheesh.


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Comment posted July 7, 2010 @ 2:10 pm

I'm sure the states agree, but an inept Federal Gov't that panders to illegals over citizens made Arizona pass their own law.


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Comment posted July 7, 2010 @ 6:45 pm

Arizona will not win because the Supreem Court will side with the Fed! As it stands we are so politically correct that we as Americans are afraid to speak our minds. The majority of this country's “legitimate citizens” think that immigration is out of control. America has cancer, I hate to think this, but we are a nation that is on the verge of ruin. The end is near…!


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I know what can help AZ out. Find out what state the AG is from and ship all the illegals there. It is obvious that he is not having a problem with illegals in his state so he can take them.


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