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Justice Department Files Suit Against Arizona Immigration Law

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  • suesarkis@aol.com
    Gee, I wonder if California will be next considering our 834(b) PC. President Justice Department Files Suit Against Arizona Immigration Law Published July
    Message 1 of 1 , Jul 6, 2010
      Gee, I wonder if California will be next considering our 834(b) PC.


      President
      Justice Department Files Suit Against Arizona Immigration Law
      Published July 06, 2010
      | FoxNews.com

      (http://www.foxnews.com/politics/2010/07/06/justice-department-file-suit-arizona-early-tuesday/#)



      Attorney General Eric Holder speaks to the media in Kabul June 30.
      (Reuters Photo)

      Accusing Arizona of trying to "second guess" the federal government, the
      Justice Department on Tuesday filed a lawsuit challenging the state's
      immigration policy -- claiming the "invalid" law interferes with
      federal immigration responsibilities and "must be struck down."
      Gov. Jan Brewer slammed the U.S. government saying the suit is a "massive
      waste of taxpayer funds."
      "It is wrong that our own federal government is suing the people of
      Arizona for helping to enforce federal immigration law. As a direct result of
      failed and inconsistent
      federal enforcement, Arizona is under attack from violent Mexican drug
      and immigrant smuggling cartels," she said in a prepared statement.
      "Now, Arizona is under attack in federal court from President Obama and
      his Department of Justice."
      She went on to say, "the irony is that President Obama’s Administration
      has chosen to sue Arizona for helping to enforce federal immigration law and
      not sue local governments that
      have adopted a patchwork of ‘sanctuary’ policies that directly violate
      federal law. These patchwork local ‘sanctuary’ policies instruct the
      police not to cooperate with federal immigration officials."
      In the suit, which names the state of Arizona as well as Brewer as
      defendants, the Justice Department claims the federal government has "preeminent
      authority" on immigration
      enforcement and that the Arizona law "disrupts" that balance. It urges
      the U.S. District Court in Arizona to "preliminarily and permanently"
      prohibit the state from enforcing the law, which is scheduled to go
      into effect at the end of the month.




      "Arizonans are understandably frustrated with illegal immigration, and the
      federal government has a responsibility to comprehensively address those
      concerns," Attorney
      General Eric Holder said in a written statement. "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."
      The suit, which drew tough criticism from state lawmakers Tuesday, claimed
      the state law focuses only on getting rid of illegal immigrants and
      "ignores" other immigration objectives.
      "The United States Constitution forbids Arizona from supplanting the
      federal government's immigration regime with its own state-specific immigration
      policy," the suit says. "A
      policy that, in purpose and effect, interferes with the numerous
      interests the federal government must balance."
      _Click here to read the lawsuit_
      (http://www.foxnews.com/projects/pdf/070610_AZlawsuit.pdf) .
      Arizona lawmakers slammed the administration over the suit Tuesday.
      "This is the wrong direction to go," Rep. Harry Mitchell, D-Ariz., said in
      a statement, calling on the administration to devote its resources to
      border security.
      Twenty House Republicans wrote a letter to Holder in protest of the
      decision. Republican Arizona Sens. John McCain and Jon Kyl released a joint
      statement calling the suit "premature."
      "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. Until it does, the
      federal government should not be suing Arizona on the grounds that
      immigration enforcement is solely a federal responsibility," the
      senators said.
      The court action comes just days after President Obama delivered a speech
      calling on Congress to tackle a comprehensive overhaul of the nation's
      immigration system. In the
      speech, he criticized Arizona's law and warned that national
      legislation is needed to prevent other states from following suit.
      The president did not mention the lawsuit, but one had been widely
      expected for weeks. After the administration initially said it would take the law
      under review, Secretary of State
      Hillary Clinton revealed last month in an interview with a foreign
      television network that the administration intended to challenge the
      Arizona policy.
      The Arizona law, passed in April, makes illegal immigration a state crime
      and requires local law enforcement to question anyone they suspect of being
      an illegal immigrant on their
      residency status.
      Several civil rights and law enforcement officials lauded the
      administration's actions Tuesday.
      Lucas Guttentag, director of the American Civil Liberties Union
      Immigrants' Rights Project, called it a "critical step" to undo Arizona's
      "unconstitutional usurpation of federal
      authority and its invitation to racial profiling."
      "The administration's lawsuit is a cannon shot across the bow of other
      states that may be tempted to follow Arizona's misguided approach," he said.
      The ACLU had already filed a
      legal challenge, which Guttentag said it would continue to pursue.
      The Arizona law touched off an intense national debate over immigration.
      The results of any court challenge would have wide-ranging implications, as
      a number of other states and
      jurisdictions have taken up tough immigration policies similar to
      Arizona's.
      The Obama administration has meanwhile tried to use the law as the impetus
      to prod Congress into tackling an immigration bill. While Arizona
      lawmakers defend their law as necessary
      to patrol the border, Obama described it last week as "unenforceable"
      and a vehicle for civil rights abuse. He said a "national standard" is
      needed and that he won't "kick the can down the road" any longer.
      Republicans bristled at the speech, though, and continued to urge the
      administration to better secure the border before tackling a comprehensive bill
      -- which would likely include a
      pathway to legal status for millions of illegal immigrants.


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