Fed sue to block Arizona illegal immigrant law

[Chevy57]

Fed sue to block Arizona illegal immigrant law

PHOENIX – The U.S. Justice Department on Tuesday filed a lawsuit challenging the constitutionality of Arizona's new law targeting illegal immigrants, setting the stage for a clash between the federal government and the state over the nation's toughest immigration crackdown.
The lawsuit filed in U.S. District Court in Phoenix argues that Arizona's law requiring state and local police to question and possibly arrest illegal immigrants during the enforcement of other laws such as traffic violations usurps federal authority.
"In our constitutional system, the federal government has pre-eminent authority to regulate immigration matters," the lawsuit says. "This authority derives from the United States Constitution and numerous acts of Congress. The nation's immigration laws reflect a careful and considered balance of national law enforcement, foreign relations, and humanitarian interests."
The government is seeking an injunction to delay the July 29 implementation of the law until the case is resolved. It ultimately wants the law declared invalid.
The government contends that the Arizona law violates the supremacy clause of the Constitution, a legal theory that says federal laws override state laws. It is already illegal under federal law to be in the country illegally, but Arizona is the first state to make it a state crime and add its own punishment and enforcement tactics.
State Sen. Russell Pearce, the principal sponsor of the bill co-sponsored by dozens of fellow Republican legislators, denounced the lawsuit as "absolute insult to the rule of law" as well as to Arizona and its residents.
"It's outrageous and it's clear they don't want (immigration) laws enforced. What they want is to continue their non-enforcement policy," Pearce said. "They ignore the damage to America, the cost to our citizens, the deaths" tied to border-related violence.
State Rep. Kyrsten Sinema, a Phoenix Democrat who opposes the law, said the suit should help settle questions over what states can do when they don't think federal laws are being adequately enforced.
"I hope this galvanizes Congress to gain the moral courage they need to address this (immigration) crisis," Sinema said.
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.
Gov. Jan Brewer's spokesman called the decision to sue "a terribly bad decision."
"Arizona obviously has a terrible border security crisis that needs to be addressed, so Gov. Brewer has repeatedly said she would have preferred the resources and attention of the federal government would be focused on that crisis rather than this," spokesman Paul Senseman said.
Three of the five Democrats in Arizona's congressional delegation, who are facing tough re-election battles, had also urged Obama not to try to block the law from going into effect.
Republican Sens. Jon Kyl and John McCain of Arizona also lashed out at the administration's decision, saying "the American people must wonder whether the Obama Administration is really committed to securing the border when it sues a state that is simply trying to protect its people by enforcing immigration law."
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.
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.
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.
Arizona State University constitutional law professor Paul Bender said the federal government's involvement throws a lot of weight behind the argument that federal law pre-empts Arizona's measure.
"It's important to have the federal government's view of whether state law is inconsistent with federal law, and they're the best people to say that," Bender said.
Kris Kobach, the University of Missouri-Kansas City law professor who helped draft the Arizona law, said he's not surprised by the Justice Department's challenge but called it "unprecedented and unnecessary."
He noted that the law already is being challenged by the American Civil Liberties Union and other groups opposed to the new statute.
"The issue was already teed up in the courts. There's no reason for the Justice Department to get involved. The Justice Department doesn't add anything by bringing their own lawsuit," Kobach said in an interview.

Feds sue to block Arizona illegal immigrant law - Yahoo! News

 

[Foxrac]

I can't wait to hear about what court say.

There is more blame for rapidly growing of illegal immigrants than just federal only and we don't have enough job resources for them to be hired and cause to drive Americans into unemployed due no job availability.

 

[darkdog]

Hmm... doing it on preemptive grounds. I figured they wouldn't argue on discrimination grounds because there really is no case for that. That was just President Obama making stuff up to be a shameless demagogue.

 

[kokonut]

I agree, DD.

 

[Jiro]

Hmm... doing it on preemptive grounds. I figured they wouldn't argue on discrimination grounds because there really is no case for that. That was just President Obama making stuff up to be a shameless demagogue.

discrimination ground? I don't see such thing there. The case here is that the state is interfering with federal duty. I don't want to see our federal agents being inundated with petty cases when they should be focusing on dangerous cases.

 

[darkdog]

discrimination ground? I don't see such thing there. The case here is that the state is interfering with federal duty. I don't want to see our federal agents being inundated with petty cases when they should be focusing on dangerous cases.

That's what I said. They can't sue based on discrimination because then they'd have no case. In all frankness, Obama was just being a jackass when he talked like that.

 

[Reba]

Too bad the Feds don't use those resources for doing their job protecting the borders instead of filing lawsuits against those who are trying to do their job.

 

[rockin'robin]

Too bad the Feds don't use those resources for doing their job protecting the borders instead of filing lawsuits against those who are trying to do their job.

 

[Beowulf]

Too bad the Feds don't use those resources for doing their job protecting the borders instead of filing lawsuits against those who are trying to do their job.

 

[Jiro]

Too bad the Feds don't use those resources for doing their job protecting the borders instead of filing lawsuits against those who are trying to do their job.

could you show me the case that Feds aren't doing their job?

 

[Reba]

could you show me the case that Feds aren't doing their job?

They aren't providing enough support to the border states to keep out illegal aliens, and to send back the ones that are here.

 

[Beowulf]

They aren't providing enough support to the border states to keep out illegal aliens, and to send back the ones that are here.

When you go fishing, do you catch all the fish in the lake?

 

[Reba]

When you go fishing, do you catch all the fish in the lake?

I never said "all." But the Feds aren't going to catch any fish if they don't even go to the lake shore.

 

[Beowulf]

I never said "all." But the Feds aren't going to catch any fish if they don't even go to the lake shore.

Do you really believe that? That's what extreme rightwing sites say but as far as I know, the Border Patrol is very busy and doing their job. Sure, we could hire more Border Patrol Agents, but I get the feeling it won't make much of a dent. Of course I could be wrong.

 

[Reba]

Do you really believe that? That's what extreme rightwing sites say but as far as I know, the Border Patrol is very busy and doing their job. Sure, we could hire more Border Patrol Agents, but I get the feeling it won't make much of a dent. Of course I could be wrong.

I don't visit extreme right-wing sites, so I don't know what they're saying.

The Border Patrol does what it can but it needs help. They need more manpower and equipment on the borders.

Also, they aren't responsible for catching and processing aliens once they've crossed the borders and moved "inland" away from the border areas. That's where ICE comes in. The local police within the states should be allowed to back up enforcement of catching and deporting illegal aliens.

 

[Jiro]

I don't visit extreme right-wing sites, so I don't know what they're saying.

The Border Patrol does what it can but it needs help. They need more manpower and equipment on the borders.

I agree. Please give them the tools that military used for patrolling or scanning the area in foreign country like UAV. However - we have already spent hundreds of million dollars on high-tech surveillance equipments, computers, etc... Many of them malfunctioned or did not work well as expected.... which resulted in a very costly run-on expense so most was placed on-hold or scrapped. Anybody recall FBI's costly gaffe? The FBI's Upgrade That Wasn't - washingtonpost.com

Also, they aren't responsible for catching and processing aliens once they've crossed the borders and moved "inland" away from the border areas. That's where ICE comes in.

technically - you are correct but both is under CBP (US Customs and Border Patrol).

The local police within the states should be allowed to back up enforcement of catching and deporting illegal aliens.

That's the problem. In this case - the local police and state police are performing the primary federal duty instead of serving as back-up for federal agents. They are interfering with the federal duty.

 

[Beowulf]

I don't visit extreme right-wing sites, so I don't know what they're saying.

The Border Patrol does what it can but it needs help. They need more manpower and equipment on the borders.

Also, they aren't responsible for catching and processing aliens once they've crossed the borders and moved "inland" away from the border areas. That's where ICE comes in. The local police within the states should be allowed to back up enforcement of catching and deporting illegal aliens.

I hear ya, Reba. I do not keep up with the news any longer, though, so I do not comment on this matter much. It appears to me though that Arizona seems to be neglecting enforcement of the policy of not hiring illegal aliens, i.e., punishing those who hire them. Perhaps they should focus on that area first so that it would stop (or at least slow down) the flow of illegals into their state. I dunno though. Sorry if I sound naive.

 

[Reba]

That's the problem. In this case - the local police and state police are performing the primary federal duty instead of serving as back-up for federal agents. They are interfering with the federal duty.

How can they be "interfering" with something that isn't happening?

 

[Reba]

I hear ya, Reba. I do not keep up with the news any longer, though, so I do not comment on this matter much. It appears to me though that Arizona seems to be neglecting enforcement of the policy of not hiring illegal aliens, i.e., punishing those who hire them. Perhaps they should focus on that area first so that it would stop (or at least slow down) the flow of illegals into their state. I dunno though. Sorry if I sound naive.

They should also enforce policies against hiring illegal aliens, yes.

 

[Jiro]

How can they be "interfering" with something that isn't happening?

they already interfered before. now with this later - their interference will increase... which means the federal agents will be inundated with petty cases.. which means their focus on high-priority cases will be neglected.

High-Priority Illegals or Petty Illegals. which one is more important? Can't pick both.