It was expected. AZ should win the case and one hopes that the other 49 will then enact exactly the same law. S2
Obama administration sues Arizona over immigration law | Reuters
(Reuters) - The Obama administration on Tuesday sued Arizona over the state's strict new immigration law, attempting to wrestle back control over the issue but infuriating Republicans who said the border required more security.
The administration argued the Arizona law, which requires state and local police to investigate the immigration status of anyone they reasonably suspect of being an illegal immigrant, is unconstitutional and would sap law enforcement resources.
The Republican-controlled Arizona legislature passed the controversial law to try to stem the flood of thousands of illegal immigrants who cross its border from Mexico and to cut down on drug trafficking and other crimes in the area.
The lawsuit is part of a broader approach by President Barack Obama to deal with the 10.8 million illegal immigrants believed to be in the country, arguing that immigration is the responsibility of the federal government not each state.
"Seeking to address the issue through a patchwork of state laws will only create more problems than it solves," U.S. Attorney General Eric Holder, said in a statement.
The legal action, filed while Congress was on a week-long break, is a political gamble by the administration as a Pew Research Center poll showed 59 percent of people approve of the Arizona crackdown.
And the legal fight also comes at a critical juncture, four months ahead of the mid-term congressional elections, and the Hispanic community has been a major voting bloc that typically has sided with Democrats but Republicans have tried to woo.
The Justice Department filed the lawsuit in federal court in Arizona and asked for an injunction to prevent the law from taking effect on July 29.
Republicans condemned the lawsuit, saying the challenge was premature because the law had not taken effect and that the law was needed because the federal government had failed to deal with the issue.
"The Obama administration has not done everything it can do to protect the people of Arizona from the violence and crime illegal immigration brings to our state," Arizona's two Republican senators, John McCain and Jon Kyl, said in a statement.
"LEGITIMATE CONCERNS" RAISED
The Justice Department acknowledged that Arizona legislators had "legitimate concerns" about illegal immigration but noted that the U.S. Constitution gave the federal government sole authority over immigration matters.
The Arizona law would also divert critical law enforcement resources and would cause the "detention and harassment of authorized visitors, immigrants and citizens" who do not have to carry identification papers, the department said.
Some immigration provisions provide exceptions to illegal immigrants on humanitarian grounds, whether the individuals were fleeing natural disasters or political persecution, the Justice Department added.
The Obama administration warned in the lawsuit that other states were considering similar immigration measures which would result in "further and significant damage" to U.S. foreign relations with countries like Mexico, which has criticized the Arizona law.
The lawsuit drew fierce criticism from Russell Pearce, the Arizona state legislator who authored the law. "Shame on them. This is malfeasance and they are in violation of their oaths of office," he told Reuters after the lawsuit was filed.
A Justice Department official said that if the court refused an injunction, the federal government would closely monitor enforcement of the Arizona law for possible illegal racial profiling or other civil rights violations.
Obama has warned that the Arizona law could lead to a patchwork of different laws passed by the various U.S. states and said that the matter should be resolved at the federal level by Congress.
The U.S. leader last week gave his first major speech on immigration reform since taking office, calling for both parties to join together to pass a comprehensive measure, but the issue has largely been overshadowed by the economic crisis and the Gulf of Mexico oil spill.
Obama has backed allowing undocumented immigrants in good standing to pay a fine, learn English and become citizens. He also has supported tightening border security and clamping down on employers that hire undocumented workers.
But opposing Republicans have said that border security must be significantly improved before dealing with the millions of illegal immigrants, many of them Hispanics, in the country.
Obama has pledged to spend an extra $600 million and send up to 1,200 National Guard troops to the U.S.-Mexican border to tighten security, however the initial steps to do so have been criticized by Republicans as too little to address the matter.
The suit came after the U.S. Supreme Court said last week that it would decide whether another Arizona law that punishes employers who knowingly hire illegal immigrants infringed on federal immigration powers.
The case is United States of America v. State of Arizona et al; Case No. 10-cv-1413 in U.S. District Court for the District of Arizona.
(Additional reporting by David Schwartz in Phoenix; editing by Paul Simao)
It was expected. AZ should win the case and one hopes that the other 49 will then enact exactly the same law. S2
Devils advocate here.....OK, AZ wins, Feds loose. Where does that leave the States?. Who's paying for all the resources that will go into this catch and turn-over program. Will the Fed's actually take into custody the illegals? States will have to eat all the costs. The citizens, at least those that file, will still be taxed, still have to pay the almighty Federal Gov't for services NOT rendered. Geeee, a win-win for the Feds!!!!
PLEASE understand that I believe in our form of Gov't, I believe in our State and Federal divisions. BUT OUR system has been sooooooo corrupted by both parties, especially in DC, we're played like pawns. How in the hell did it ever come to this? Now I hear the DOJ won't do their job either?
"The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." --author and philosopher Ayn Rand (1905-1982)
Lets see if I have this right. The Fed is suing a State because it is enforcing a law the Fed refuses to enforce.
"You can get a lot accomplished if you don't care who gets the credit" - Ronald Reagan
AZ will win this suit, because the feds are not enforcing the current laws on the books. When a law is not enforced, it is worthless and the states can now step in and take over the process. Last time I looked, there was still a 10th Amendment:
Obama and the DOJ refuse to enforce federal immigration laws, openly. As such, they have relegated that power, through malfeasance and misfeasance, to the states. And in border states like Texas, New Mexico, Arizona and California, which are being affected by a massively illegal and sometimes armed penetration, the refusal of the federal government to do its duty should be seen as a crime, and the states involved have every right to protect their property and citizens.The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Of course, in California, they actually welcome illegals, so the other border states have to pull together and funnel all illegal traffic to CA. In AZ, the militia is preparing to take action on their border war, as the local sheriffs have stated that they cannot protect the people.
If anything, AZ should be suing Obama and the feds with criminal acts for refusing to do their duty to defend the citizens of the United States.
-= Piece Corps =-
That sole authority is the reason why the Feds will lose this case. The Feds used that sole authority to delegate enforcement to the States in the Federal Immigration and Nationality Act,The Justice Department acknowledged that Arizona legislators had "legitimate concerns" about illegal immigration but noted that the U.S. Constitution gave the federal government sole authority over immigration matters.
Section 8 USC 1324(a)(1)(A)(iv)(b)(iii). Under the heading Enforcement, the act reads:
"State and local law enforcement officials have the general power to investigate and arrest violators of federal immigration statutes without prior INS knowledge or approval, as long as they are authorized to do so by state law. There is no extant federal limitation on this authority. The 1996 immigration control legislation passed by Congress was intended to encourage states and local agencies to participate in the process of enforcing federal immigration laws. Immigration officers and local law enforcement officers may detain an individual for a brief warrantless interrogation where circumstances create a reasonable suspicion that the individual is illegally present in the U.S. Specific facts constituting a reasonable suspicion include evasive, nervous, or erratic behavior; dress or speech indicating foreign citizenship; and presence in an area known to contain a concentration of illegal aliens."
Hmmmm.... Ya think that just maybe the FED LAW encourages profiling? I think Osama and the injustice dept. take an ass-whupping on this one.
Here's the Act. Check it out for yourself. Federal Immigration and Nationality Act Section 8 USC 1324
An appeaser is one who feeds a crocodile, hoping it will eat him last.
On legal merits alone I do not see how the Obama administration could win this but stranger things have happened. Now to the real reason that the suit if being filed. The AZ law is making the administration look bad so they have to respond in some way. If they picked up enforcement and did their job that would be admitting they weren't doing it to start with. They want to continue to ignore Federal law just like they have been and how dare a state try to tell them what to do. They are gearing this exactly their base of support and trying to embarass AZ in the process hoping to get AZ to settle with an agreement without actually going to trial. Although the AZ law is exactly what the Feds should be doing it is what they do not want to do. Stay tuned it is going to get better.
Keeping in mind that this is about winning (or keeping) the Hispanic vote, B. Hussein probably figures he wins either way. Even if the admin loses the case (probably), he can at least point to the fact that he brought the suit. Ipso facto, he's the good guy who has the best interests of the Latino community at heart, and will fight for that community against all the racists (read: non-Democrats). My opinion.
Prov. 27:3 - "Stone is heavy and sand a burden, but provocation by a fool is heavier than both"
this stinks on ice!!! the fed. govt. wont do there job. but if the state does the job he's gonna sue? obummer is nothing more than an empty suit! dammed the constitution, he'll do what he want's and let illeagles in the country and further ruin the economy and let crimminals and terrorist into the country and let it all go to hell!
doing what is popular is not always right and doing what is right is not always popular