Feds Sue to Block Ariz. Immigration Law
Updated at 7:00 p.m. ET
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.
Read the lawsuit (PDF)
"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.
In passing the law state lawmakers complained the federal government isn't doing its job on the border leaving Arizona overrun with illegal immigrants from Mexico, 700,000 in the last 2 and a half years, reports CBS News correspondent Bill Whitaker.
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.
GOP Lawmakers, Some Dems Blast DOJ Lawsuit
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.
CBS/AP 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.
Read the lawsuit (PDF)
"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.
In passing the law state lawmakers complained the federal government isn't doing its job on the border leaving Arizona overrun with illegal immigrants from Mexico, 700,000 in the last 2 and a half years, reports CBS News correspondent Bill Whitaker.
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.
GOP Lawmakers, Some Dems Blast DOJ Lawsuit
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.
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As for the " goof " Obama trying to flex his muscles and suing any State for attempting to do his and the congress job as law makers and enforcers of the law they are succeeding in tearing this nation apart and bankrupting it and the legal taxpayers.
As for the President, any President thinking he has sole power over immigration, Obama needs to take a look at the following,
Congress has complete authority over immigration. Presidential power does not extend beyond refugee policy. Except for questions regarding aliens' constitutional rights, the courts have generally found the immigration issue as nonjusticiable.
source, http://topics.law.cornell.edu/wex/Imm...
Man can't wait for this thing to play out to see what the outcome will be.
"So tell me how it makes a difference if Obama wins or loses? From where I am sitting illegal immigration is not something new and the whole idea that a crackdown anywhere will last over time isn't even close to being realistic because the problem will just shift to somewhere else. We have seen that time and again in the last forty years.
I contend that if you can stop the use of illegal drugs in the US and stop the flow of money to the drug cartels then immigration could become manageable. I believe there is a direct correlation between them. If we don't want to really start cleaning up our house first then it is just more of the same rhetoric and worn out excuses that it is somebody else's fault."
So, when you are through beating your chest like Tarzan would you come back to earth and deal with this problem. This issue has to be dealt with you moron and like it or not you are not helping. Oh gosh! There's something new a Republican not helping and not being able to come up with a real way to solve this issue.
Read more: http://www.cbsnews.com/8601-250_162-6651468-1.html?assetTypeId=30&blogId=&tag=contentMain;contentBody#ixzz0tDDeVrfo
Why should ICE spend so much detaining illegals? Take them to the border and push them over it. Whats the big deal? They are illegal and have no rights here, hence law suits are out. It is a shame and disgrace the way he feds are treating Arizona. Filing a law suit and wasting more tax money that should be put to good use at the BORDER! I just pray all other states follow Gov. Brewers lead. I resent my tax dollars going to illegals when there are so many out of work here that need help.
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Has anyone outside of Arizona voted on that State's right to enforce immigration? Don't be yelling fed if you are unwilling to deal with the core issues of illegal criminal activity - how do we stop the flow of money going back to Mexico to the cartels? You figure that out and I will listen to your dogma about how the federal goverment has let poor ole Arizona down. The truth is the American public has let Arizona down by not dealing with our illegal drug use and the sale of illegal weapons to Mexican criminals.
Until we deal with those issues I will continue to repeat this - the law will not work because there is too much money at stake. If you get control of our abuse of drugs the immigration problem will still be there but it will be managable.
So, what's your idea alalinda? Want to make pot legal? How about we give the police the authority to shoot drug users and their suppliers in the head - screw the prison time it cost to much and just let's them back in society?
While I would not call the solution simple it is already happening. Look at what the FACTS are:
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This blog is a great forum for debate and that is what a democratic republic is all about.
We all agree, to a degree, with everything you have said. Illegal immigration is a problem left unattended for far too long. However, I am not finding a cure to the base cause of criminal immigration (a question I will continue to repeat until I am green and you folks come up with your ideas - not Google's) which is how do you stop the use of illegal drugs by Americans?
Everything you are stating has already been stated. Why do I dislike Arizona's law? Because it is just words-on-words-built-on-words for a policy that regardless of how you want it to be; well, it is a failure. Think; if a highway patrolman from Texas, Arizona, New Mexico, or California stops a car loaded with cocaine driven by an illegal immigrant driver are there laws already in effect to deal with that scenario?
Arizona is in major financial trouble and saying that the state has the resources to apprehend, detain, and repatriate every illegal alien crossing its border, living inside its borders, or just passing through its borders is unrealistic. The state does not have enough money to cross the street. Not only do they not have the money their law has made them a pariah state and led to a loss in tourism, trade, and commerce ? it is hurting the state and no amount of self rightness is going to bring in new jobs until this matter is resolved.
So, what is the problem with the law. Getting past the racial profiling (advertent or inadvertent) concentrate on the idea that the law steps on federal jurisdiction of immigration.
The only saving grace that is apparent to me is that it does allow local officials to detain illegal immigrants. But my profound belief that the founding fathers knew what they were doing leaves me with a real problem of getting past the constitutionality.
What happens when any state is allowed to interfere with due process? Think that out from both sides before you answer - can a state be given the right to throw out the premise that all men are... "endowed by their Creator with certain unalienable Rights" because it is undergoing a crisis?
There is also a core issue of sb1070's failure to address the core issue behind illegal immigrants entering this country to conduct criminal enterprises. Until we can eliminate illegal drug use by Americans you can write all the Arizona laws you want. The law is words-on-words-built-on-words and will never be enforceable because there is too much money at stake for the cartels. Why is that such a difficult concept to understand.
Why would violence be abated? You may defer it for a few months, and possibly prevent isolated incidents, but unless you can stop the flow of drug money and illegal gun sales on this side of the border from entering Mexico the cartels just get stronger.
Has even occurred to you that the Mexican drug cartels are at war with the Mexican government? The cartels ambush, murder, assassinate, as well as capture and torture Mexican police and military with far too much frequency to consider this to be anything less than a revolution by the drug cartels. It is of the same magnitude as the on going revolution in Columbia with the narco-terrorist FARC.
I also do not know how you feel about our police but let me say just one thing more - I do not like the idea of any policeman being killed by guns and ammunition sold to the criminals in this country. I pray we never have to face the issues the Mexican government is dealing with. If you believe this law will stop the bad guys and you they would not hesitate to kill American enforcement agents, police, or border patrol agents you would be wrong.
This law stinks. We need to start thinking how do we correct our problems and not by using the failed loop-back-replay of tactics used for the last forty years. We have to clean up our house and stop thinking our problems are created in a foreign country, a liberal in the White House, or by our constitution.
So, what's your idea?
I totally understand that you and Obama will try and use the Bureaucracy to deter Amercians from Deporting the Illegals however, if we have a leader who has the Political Will to get this done, a Illigal could have his hearing and be dropped off at the Border or be on a plane the same day.
How long did it take to deport 10 russian spies? About three days.
The supreme court did not rule equal protection under the 14th Amendment for NON Citizens that have broken the law.
The United States has the authority to Deport Illegals as expeditiously as they see fit for that purpose. All it takes is the Political Will to do so.
I really think you and Obama are going to lose big time on this. The Illegals are popping smoke from Arizona the same way they did in Oaklahoma after their crack down.
Our stuff doesn't work and the Arizona law simply is unenforceable. We finally get the reality that it doesn't hold up to the legal litmus test and move to the core issue that we cannot and will not be able to enforce immigration laws until we control our own illegal drug use and the outflow of drug money and weapons to the Mexican cartels. We-are-pi*sing-in-the-wind and it blowing right back in our faces.
So tell me how it makes a difference if Obama wins or loses? From where I am sitting illegal immigration is not something new and the whole idea that a crackdown anywhere will last over time isn't even close to being realistic because the problem will just shift to somewhere else. We have seen that time and again in the last forty years.
I contend that if you can stop the use of illegal drugs in the US and stop the flow of money to the drug cartels then immigration could become manageable. I believe there is a direct correlation between them. If we don't want to really start cleaning up our house first then it is just more of the same rhetoric and worn out excuses that it is somebody else's fault.