June 18, 2010 1:37 PM

Senior Official: Obama Administration Will Challenge Arizona Immigration Law

By
Brian Montopoli
Topics
Domestic Issues
(Credit: CBS/AP)

Updated 3:56 p.m. Eastern Time

As Hotsheet reported yesterday, Secretary of State Hillary Clinton said in a television interview in Ecuador this month that the Obama Justice Department "will be bringing a lawsuit" against the controversial Arizona immigration measure signed into law earlier this year.

The comment was striking because both President Obama and Attorney General Eric Holder had said only that the administration was considering a suit. Arizona Gov. Jan Brewer, who signed the law, called Clinton's comments stunning and added that "to learn of this lawsuit through an Ecuadorean interview with the secretary of state is just outrageous." She has said in the past she is prepared for a court fight.

It was unclear yesterday whether Clinton's comments were simply a prediction or mistake or whether instead she was getting ahead of a planned announcement by the administration.

Now a senior administration official tells CBS News that the federal government will indeed formally challenge the law when Justice Department lawyers are finished building the case. The official said Justice is still working on building the case.

Contacted about Clinton's comments today, State Department spokesman PJ Crowley said they reflected her beliefs.

"The Secretary was asked about the Arizona law during a TV interview in Ecuador," he said. "She believes that a better approach is comprehensive immigration reform, and said so. Regarding how far along the legal review is, that is a matter for the Department of Justice."

Despite the senior administration official's comments, an official at the Justice Department told CBS News today that the question of whether to sue is still under consideration.

The Arizona law, which would go into effect in July, requires immigrants in the state to carry documents verifying their immigration status and requires police officers to question a person about his or her immigration status during a "lawful stop" if there is "reasonable suspicion" that person may be in the country illegally.

CBS News polling has found that a majority of Americans support the Arizona law, which has spawned protests and boycotts.

Brewer said following her meeting with Mr. Obama earlier this month that the president "brushed over" the possibility of a lawsuit during their discussion. A suit would likely focus on the notion that the legislation is discriminatory and infringes on civil liberties.


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by rocketjl June 26, 2010 10:47 AM EDT
The Obama administration has been holding behind-the-scenes talks to determine whether the Department of Homeland Security can unilaterally grant legal status on a mass basis to illegal immigrants, according to Fox News.

The source for this bombshell ? which could ignite a national uproar given that a majority supports tougher laws against illegal's ? is an unidentified former Bush administration official who spoke with at least three people involved in those talks.

The issue was raised publicly by eight Republican senators who wrote to the White House on Monday to complain that they had heard the administration was readying a "Plan B" in case a comprehensive immigration reform bill cannot win enough support to clear Congress, according to Fox.

The White House would not confirm or deny the claim. But the former Bush official said the discussions are real.

"The administration at the very minimum is studying legal ways to legalize people without having to go through any congressional debate about it," the source said, calling the senators' claim credible. "Whether somebody pulls the trigger on that, that's another issue."

The senators -- Chuck Grassley, R-Iowa; Orrin Hatch, R-Utah; David Vitter, R-La.; Jim Bunning, R-Ky.; Saxby Chambliss, Ga.; Johnny Isakson, R-Ga.; James Inhofe, R-Okla.; and Thad Cochran, R-Miss. -- claimed in their letter that the administration was looking at extending what is known as deferred action or parole to millions of illegal aliens in the United States.
Reply to this comment
by Hotincal38 August 2, 2010 2:40 PM EDT
Oh boy, here we go into a Civil War and we are ready.
WE do not want another Amnesty CLINTON. We want them all gone now that are illigal and their offspring that they came to have here.
What part of this dont you get? The Citizens of the USA are not going to pay to support these people who should have never been allowed here in the first place.
They are called ILLEGAL because they are here illegally, that is a crime, they go back to where they came from. Why reward them by giving
them what they want? A free ride of food, money, housing in the USA???
You government people do not have a brain in your heads to think this is going to work. WE do not have the funds NOW to feed, school and house all these ILLEGALS< what part of that dont you get???
Our own US People are on the streets, no homes, no food, cold, with children, physically and mentally ill. We are not taking care of our own CLINTON AND OBAMANATION, how in the hell do you plan on continuing to care for criminals with Illegal in front of their name?

YOu need to send them all bck, create jobs here with the MONEY we pay in taxes not going to these ILLEGALS anymore and their Trophy Chilren, to KEEP THEM OUT. TAKE CARE of our own people, our elderly!!!
Then we need our soldiers home to protect OUR COUNTRY by not lettng any illegal back into this country.
It needs to be your number 2 priority now Clinton, not feeding HAITI........get it?
BEcause we are ready and more then willing to bring this to a civil war, and you cannot do a dang thing to us for protecting our country againsts Illegals. Which includes using enough gun power to get them out. STarting with tear gas guns, paint ball guns......We are ready, and we suggest you and Obamanation are ready also and enforce our illegal laws.
We will also be calling for the immediate arrests of any President on down, including YOU Clinton for not adhereing to our laws on Illegals. You are all aiding and abetting them you will go to jail.
Dont try to make a decision for an amnesty again, or anythin other then getting them ALL OUT or your people do have the right to bare arms to get rid of the law breakers, and we will.

We will have our country back Clinton And obamanation, and if it takes the Civil War we knew you would make happen while you were in office Obama, then so be it, we are ready.
by Hotincal38 August 3, 2010 10:10 AM EDT
Yessirree, its time to get these illegals out of our systems for FREE MONEY and housing. What is headline news this morning? Cutting back ON MORE MEDICARE BENEFITS for our seniors. I dont know about you all, but my mom and dad are already loosing teeth because of the low benefit they get, and my dad refuses to buy eye glasses because they cant afford them, they cant afford the out of pocket expense on their social security. And now they cut it back more?

I swear by all that is holy and just in this world that if Obama and Clinton manage to get Amnesty for all these illegals living ILLEGALLY, coming ILLEGALLY into our country, I expect everyone legal in this USA to join me in cleaning them out ourselves. Yes this will be a civil war, but I for one will not sit back any longer and watch the food, healthcare, eyecare, dental care being taken away from my parents, my own friends and other family members. While Illegals walk over here everyday drop babies every year and keep getting more and more money and housing out of us.

My dad gets around 900.00 a month SS, he is 70 and worked since he was in his teens, I think it was 15, and he went into the Army at the age of 17. Heliedabout his age to get in to serve his country. He only started getting his SS because he was too proud to go in and stand in a Social Security office with all the illegals.
My mom gets just over 600.00 a month and is 73, and very disabled.
Their rent is 1000.00 a month for a small 2 bedroom house, they pay utilities but do get a bit off of Elect for low income. But with cable and phone, and other utilities it is still probably 150 a month.
So 1500.00 a month and now 1150.00 is gone. They now have 350.00 for food, necessities, car, repairs, gas, and any deductibles on perscriptions, dental and eyeglasses. My mom takes alot of medications, so most of that 350.00 goes to that :( Now, if there isnt something HUGE WRONG With that picture for 2 people born in the USA, my mother is 6th generation Californian, then I dont know what is.
If our government, Clinton and Obama or any other Reps, Senators think we are going to sit back and let this nation be filled with more homeless, our elderly for gods sake, I a 50 yr old woman with my own permanent crippling disabilities will be leading the Civil War.
YOU WILL NOT GIVE ILLEGALS ANY KIND OF AMNESTY OR PAROLE, OR EXTENSIONS.
WE NEED OUR BENEFITS TAKEN AWAY FROM THEM NOW OR WE WILL STOP PAYING TAXES OUT OF OUR PAYCHECKS EACH MONTH. WHY SHOULDNT WE? ILLEGALS DONT GET KICKED OUT OR GO TO JAIL, WHY SHOULD WE? WE ARE NOT GOING TO SUPPORT THEM ANYMORE WHEN OUR PEOPLE NEED OUR MONEY.

YOU HAVE UNTIL AUGUST 15, 2010 AS A DEADLINE FOR THESE ILLEGALS TO GET OUT OF OUR COUNTRY. YOU HAVE UNTIL AUGUST 15, 2010 TO CUT OFF ALL OF THEM FEDERAL AND STATE BENEFITS. NO DOCTORS, EMERGENCY ROOMS WILL TREAT THEM UNLESS IT IS A LIFE OR DEATH SITUATION, AND NOT FOR ANY OTHER REASON. TIJUANA IS 1 HOUR AWAY FOR A DOCTOR.
AFTER AUGUST 15, 2010 YOU WILL REHIRE OR HIRE MORE INS AGENTS, CUSTOMS, AND BORDER PATROL OFFICERS IMMEDIATELY. YOU WILL GET BUSES TO TRANSPORT ALL THE ONES YOU PICK UP ON RAIDS.
OUR NEW PROGRAM WILL BE CONSTANTLY WORKING 24/7 USING ALL TYPES OF SURVEILENCE TO FIND, APPREHEND AND TRANSPORT OUT ANY AND ALL ILLEGALS.

WE DO NOT WANT TO READ ANTHOTHER NEWS ARTICLE THAT ANY OTHER PROGRAM THAT HELPS THE USA CITIZENS IS BEING CUT BACK. GOT THAT?
THE CUT BACK WILL BE TREMENDOUS WHEN YOU GET RID OF ALL THE ILLEGALS DRAINING OUR COUNTRY DRY OF EVERYTHING AND MAKING IT A 3RD WORLD COUNTRY, AND MAKING IT LOOK LIKE DOWNTOWN TJ NO MATTER WHERE YOU GO.

Do your job about the illegals situation or we will do it for you.
by documemts June 22, 2010 10:32 PM EDT
"reasonable suspicion" is a lower standard to stop and detain than "probable cause". Therefore, it infringes on a persons' rights to be secure in their person and effects from state scrutiny and surveillance. Consequently, it is not constitutional and is not supported by the rights that all Americans are entitled to.
Reply to this comment
by rocketjl June 26, 2010 10:49 AM EDT
The Obama administration has been holding behind-the-scenes talks to determine whether the Department of Homeland Security can unilaterally grant legal status on a mass basis to illegal immigrants, according to Fox News.

The issue was raised publicly by eight Republican senators who wrote to the White House on Monday to complain that they had heard the administration was readying a "Plan B" in case a comprehensive immigration reform bill cannot win enough support to clear Congress, according to Fox.

The White House would not confirm or deny the claim. But the former Bush official said the discussions are real.

"The administration at the very minimum is studying legal ways to legalize people without having to go through any congressional debate about it," the source said, calling the senators' claim credible. "Whether somebody pulls the trigger on that, that's another issue."

The senators -- Chuck Grassley, R-Iowa; Orrin Hatch, R-Utah; David Vitter, R-La.; Jim Bunning, R-Ky.; Saxby Chambliss, Ga.; Johnny Isakson, R-Ga.; James Inhofe, R-Okla.; and Thad Cochran, R-Miss. -- claimed in their letter that the administration was looking at extending what is known as deferred action or parole to millions of illegal aliens in the United States.
by Hotincal38 August 2, 2010 2:48 PM EDT
EXactly, and we will not TOLERATE IT. More things are being done in Obama's presedency t hen any other I have seen to go above the people and do what he wants.
WE are sick of it. WE want the illegals out Obama, or this Civil War is going to happen soon.

YOu are having behind closed door meetings, as are all of us getting ready. There are many City, County, STate and Government politicians ready for war and ready to have you impeached and put in jail along with ?Clinton and any other politician who supports giving AMnesty to the ILLEGALS, read that word, ILLEGAL carefully because we raise our weapons and go to war for overwhelmning Illegal activity in our nation and that is the illegal aliens aka Illgal immigrants.

So be very careful Obama, and get this resolved quickly or we will do it for you. Every single police officer, INS agent Customs agents who are not allowed to do their job. Will be able to do there job now, and get out 40% of the Illegals currently soaking up our tax money out of our Welfare, disability and other assist programs.
The illegal man and woman with 11 kids who will get a FREE housing before a USA Citizen, even a VETERAN will get housing help. Why? Because the Mexicans fired out 11 trophy kids. Well they had 8 and there 12, 13 yr old daughters had the other 3. Just sick.
Do it president, there are enough articles out there, you know what the people want. WE had better not be ignored by your doing it the easy way. Hell make them all legal!!!! Lets have another 9/11 and theyu dont have to sneak around our country, they can be a citizen and do a big bombing once a week and kill thousands!! Because we in this government are too lazy and scared to GET THE ILLEGALS OUT
by gekkobear June 21, 2010 1:58 PM EDT
Well that goodness when our government is starting a lawsuit to represent us, our nation, and our laws we're the second to know... after Ecuador.

What the hell?

But if the government decides not to enforce the law, nobody gets to enforce the law; and it's stepping on the govenrment's rights to prefer certain criminals and ignore the law if they choose... I guess.

That'll be a fun lawsuit. If the government doesn't bother to do anything regarding it's supposed control, can it still claim exclusivity in an area that it isn't actually doing anything in?

Sorry, but in my book, if you don't do your job, I'll either get someone else to do it, or do it my damn self... which is clearly what the AZ law does. it mirrors Federal law, but makes it a state law as well.
Reply to this comment
by Palin_for_Presidentess June 21, 2010 2:10 PM EDT
If the intent of the Arizona law wasn't just to provide legal cover to state law enforcement's jackbooting of Latinos, whether legal or otherwise, then why not just require EVERYONE detained to prove citizenship or immigration status?
by Hotincal38 August 2, 2010 2:56 PM EDT
Yes Gekkobear, its time we did it ourselves like Arizona has. Its past time we do not have to pay all of our taxes to support Illegals. Key word being illegals. WE support the 40% of illegals in our prisons at the toon of 40k each, we support all the ones living around us in our houses, or homes our low income people could be living in. Or our homeless.
Like I was always told.............You dont start taking care of someone else until you can take care of yourself. THe USA Cannot take care of itself the last 10+ years, even clear back starting 30+ years. I am 50 yrs old and have been watching us go down hill FAST.
When I was a kid we would see the INS Busses taking the Mexican back across the border many times a day on the 5 freeway. BAck then we did our jobs, we got them out. We had funds in Social Security, welfare, EVERY program had money, we did not have to do cutbacks in ANY OF THOSE. We werent supporting 40% + illegals in our country is why.

Downtown was actually a nice clean place to go. Los Angeles that is.
Now its all illegals selling stolen jewelry wrapped up in newspapers, and anything else they can sell, food carts, their food cards for cash.
Obama had better not pass any laws, or anything else in which they create another amnesty for these illegals or there will be WAR in the USA just as we suspected when he took office. He does not have the balls to make the USA, the USA we used to be proud of.
by JustYourAverageReader June 21, 2010 10:44 AM EDT
All of you anti-Ariz. immigration law bashers, whiners and complainers, you can transform that immature energy into action:
1. Have Arizona bus all illegal immigrants to YOUR community.
2. Build homes for them.
3. Do not worry about getting jobs for them. They will manage and take the jobs left by the snotty-bratted-too-good-to-get hands dirty Americans.
4. For the illegal drug trade activists, simply dedicate a zone of your community for that. Ensure your jails are expanded to accommodate more inmates.

- OR -
1. Buy some dirt cheap land on the Mexico/Arizona border
2. Build a home and reside there. Maybe a concrete bunker would be better.
3. Help protect the border and stop the flow of illegal immigrants
4. Make sure your home is built with the following attributes:
4.1 Windows with steel bars
4.2 A safe room
4.3 Alternative power
4.4 Steel doors with bank-safe-like locks
4.5 A pen to hold your 24 Doberman Pinschers & German Shepherds (sp)
4.6 Ammunition bunker
4.5 Night vision ports
4.6 Various weapons for your defense

Ensure you update your medical and death benefit insurance. Have Kevlar and other body armor. Have escape routes planned out and practiced. Have a will prepared and burial/cremation plans in order.

- OR - just quit bashing, whining, and complaining.
Reply to this comment
by Hotincal38 August 3, 2010 10:50 AM EDT
Justyouraveragereader: LOL how true. That is the way I look at it, if you dont agree with our laws or the laws that Arizona is implementing to get the illegals out of here and back to their own country then shut up. There are 90% of us ready to pick up arms and do it ourselves, its called a Civil War and when we get to your area please open your doors to us, feed us, and pack us some food to take on our way to continue to fight this battle for you, and get some of YOUR State, and Federal benefits back for you. From the illegals who come here and overtax our systems, our moneys, and where our taxes go.
So please thank us as we leave your house for getting your elderly family members enough social security to keep their teeth fixed, glasses on, and low in come housing.
by MRCJR440 June 20, 2010 9:11 PM EDT
Thank You Gov. Brewer for not backing down on this issue. Instead of fighting tne new law, the federal government should help secure the borders! I seen a video of the illegals that have crossed our border and it showed what the illegals have done. They raped women and put their panties on trees and called them rape trees. How come this does not make the news? They are nothing but pigs and cowards! They should be put in jail in mexico!Thanks to Gov. Brewer Putting in new law that will start to address this on going problem/ALL STATES HAVE TO FOLLOW HER LEAD IN ORDER TO CONTROL ARE BORDERS! THANKS AGAIN GOV.BREWER!!!
Reply to this comment
by pasha128 June 21, 2010 9:37 AM EDT
You can join her embarassment along with the Arizona Legislature as virtually every court where this is heard strikes down this blatant USURPATION of FEDERAL power including the unconstitutional stripping powers from the judges (through the UNCONSTITUTIONAL REASONABLE SUSPICION standard) that will be hearing the case.
by BullMoose10 June 20, 2010 4:17 PM EDT
I wonder if anybody here has actually read the bill. Arizona is not establishing a uniform immigration law they are opting to enforce federal laws. I'm encouraged that other states around the country are looking to create their own version of this law. Those who are not from the border state cannot fully understand the cost that illegal immigration brings to Arizona. Is there potential for the law to be abused? Sure, but the potential is no different than all laws that require a human being to enforce. There are prohibitions set into the law. Not to mention the fact that if you meet these standards "A PERSON IS PRESUMED TO NOT BE AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES IF THE PERSON PROVIDES TO THE LAW ENFORCEMENT OFFICER OR AGENCY ANY OF THE FOLLOWING:
1. A VALID ARIZONA DRIVER LICENSE. 2. A VALID ARIZONA NONOPERATING IDENTIFICATION LICENSE. 3. A VALID TRIBAL ENROLLMENT CARD OR OTHER FORM OF TRIBAL
IDENTIFICATION."--which is a direct quote of the bill passed by Arizona--you are cannot be suspect. At a simple traffic stop what is the first question a police officer asks? License and registration. Provided you have that you have nothing to worry about. If you don't well, then you have more than one problem at hand don't you?
Reply to this comment
by BullMoose10 June 20, 2010 4:21 PM EDT
I missed the 4th point in my copy of the bill
4. IF THE ENTITY REQUIRES PROOF OF LEGAL PRESENCE IN THE UNITED
STATES BEFORE ISSUANCE, ANY VALID UNITED STATES FEDERAL, STATE OR LOCAL GOVERNMENT ISSUED IDENTIFICATION.
by pasha128 June 20, 2010 4:35 PM EDT
THE LAW THEY ARE CHANGING THEREFORE ESTABLISHING IS IMMIGRATION LAW DEALING WITH VISITORS TO THIS COUNTRY.

As a legal term REASONABLE SUSPICION is in fact creates a new and unique standard for police in this country far less stringent that the current PROBABLE CAUSE standard. This represents an UNCONSTITUTIONAL INFRINGEMENT on the established standard of PROBABLE CAUSE which has evolved since the founding of the country and is required of the police to assure they provide the guaranteed protections of the 4th and 5th amendment.
by jayrh June 20, 2010 12:42 PM EDT
The constitution says that: The United States shall guarantee to every State in the Union a Republican Form of Government, and shall protect each of them against invasion!!!

Instead of protecting us, Obama wants to support an invasion and challenge anyone who wants to enforce our laws.
Reply to this comment
by Hotincal38 August 3, 2010 10:58 AM EDT
Exactly Jayrh. We are guaranteed protection from invasion. With the latest estimate of illegals in each of our states we have been invaded. ITs been for years that we have been the minority in our OWN COUNTRY. Obama is making some huge mistakes here, and if he doesnt get on the right track soon and impliment our get them out of here policy concerning illegals, the american people will do it for him.
EAch state like Arizona will claim their own rights to a civil war and laws to get rid of t hese illegals.
Looks like Obama has until August 15th 2010 to give notice to illegals to get OUT OF HERE or be arrested and sent to 50 years hard labor building the Great Wall of the USA on the USA, Mexico Border.
If he do esnt get this done he is not protecting our country the USA, he continues to protect every other country but out OWN.
by mary-bearry June 20, 2010 12:42 PM EDT
PLEASE consider letting Arizona be Arizona. Isn't that the point of having State's Rights?
Reply to this comment
by pasha128 June 20, 2010 1:40 PM EDT
When the issue is a power granted to the states yes it is appropriate to let Arizona be Arizona. Unfortunately matters of commerce with foreign nations (includes clearly all dealings that cross any border people or possessions) and control of ports of entry (immigrations and customs) are all federal responsibilities denied to the states. In this case doubly denied because no ONE STATE's law can establish UNIFORM STANDARDS across ALL STATES of this country for the conduct of commerce with foreign nations.
by velma179 June 20, 2010 6:17 PM EDT
Correct (on all points mentioned in this thread) pasha.

In the case of people crossing the southern border illegally, the border being crossed is not the Arizona/Mexico border -- it is the United States of Amertica/Mexico border.

This is the only entity that has jurisdiction on matters of immigration.

If Arizona really wanted to keep illegal individuals out of their state, they have every right to regulate the businesses in their state that hire illegals. The legislature of Arizona has chosen to ignore this solution -- why? The clear answer is money and political influence.

The reason this law will be challenged is based on jurisdiction and established law per the US Constitution and common law (the probable cause vs. reasonable suspiscion issue).

There is no intention made by the US Justice Dept and/or the Obama administration to allow illegal immigration in this challenge. That is a lie that having been told over and over ... still is plain not true.
by willcad June 20, 2010 11:38 AM EDT
by pasha128 June 20, 2010 8:45 AM EDT
barrychimp -- BUT THE US CONSTITUTION DOES PROVIDE THAT THE US CONGRESS ALONE LEGISLATES UNIFORM REGULATIONS ON PORTS OF ENTRY (including foreign borders). Meaning the Arizona legislature and governor have clearly acted in defiance of the Constitution.
---------------------------------------------------------------

Forgive my density, but could you cite the Article and Section of the Constitution to which you refer? All I can find is A2-S10-P2, which deals with taxes and duties, not securing the borders.
Reply to this comment
by pasha128 June 20, 2010 12:17 PM EDT
Article 1 Section 9 dealing with ports of entry (which encompasSsimmigration and customs laws which are administered by ICE, Immigrations and Customs ENFORCEMENT) the exclusion is reiterated in the 10th Amendment prohibiting the STATES from exercising powers expressly granted to the FEDERAL GOVERNMENT -- in this case THE US CONGRESS.

No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

VESSELS (and their contents - cargo and people) ENTERING THE US "CLEAR" the port of entry via customs (cargo) and immigration (people). Without a doubt BORDER PATROL enforcement in this country is a FUNCTION OF ICE, IMMIGRATION AND CUSTOMS ENFORCEMENT too - limiting entry to recognized ports of entry. Furthermore the Section 9 text indicates states are prohibited by imposing internal checkpoints by the following language "nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another".
by user000049586849302948602 June 20, 2010 12:17 PM EDT
@willcad

Sorry, you are unforgivably dense.
See all 7 Replies
by user000049586849302948602 June 20, 2010 10:39 AM EDT
It the intent of the Arizona law wasn't just to provide cover to law enforcement's jackbooting of Latinos (legal or otherwise) then why not just require ALL persons detained by law enforcement to prove their immigration or citizenship status?
Reply to this comment
by jayrh June 20, 2010 12:36 PM EDT
For the most part they do. When a person is stopped they are always asked for ID... If they can provide this that's the end of it. If they can't, and they don't have a command of the English language, that might be considered reasonable suspicion...

What I don't get though is why you support an actual invasion of this country? Are you even a citizen yourself?
by pasha128 June 20, 2010 1:26 PM EDT
How often are you asked for ID by OUR GOVERNMENT? Every day -- hardly. Personally the government has NEVER asked for my ID outside of voting and during customs/immigration checks when returning from foreign countries in the last 10 years. As I haven't been stopped for a traffic incident in around 10 years no law enforcement officer (other than an immigration officer mentioned before) has requested to see my ID in over 10 years.
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