The DOJ suit challenges the law as unconstitutional. It states, “The Constitution and the federal immigration laws do not permit the development of a patchwork of state and local immigration policies throughout the country.”
Not surprisingly, many people were upset to see the U.S. Government suing one of the states. But the DOJ made clear that the suit was not politically-motivated. A senior DOJ official explained, “We’re charged not with doing what’s popular or partisan or political, but doing what we think is right.”
The lawsuit proceeds on the legal theory of “preemption,” which is based on the Constitution’s Supremacy Clause. It argues that because the Federal government has “preeminent authority to regulate immigration matters,” SB 1070 should be struck down. It also argues that SB 1070 would unduly burden the Federal agencies that regulate immigration, since Arizona would be referring certain immigrants to those agencies. The concern is that unduly burdened agencies would be distracted from its higher priorities, such as immigrants involved in terrorism. The suit also claims SB 1070 would make local law enforcement more difficult, as it would create a divisive line between immigrant communities and local police forces. Victims and witnesses will likely be too afraid to come forward with information about crimes occurring in their communities. Several local law enforcement officials provided declarations in support of the lawsuit.
The nation will anxiously await the court’s decision. It is likely that this challenge will reach the Supreme Court. According to Professor Peter Spiro of Temple University, the DOJ makes a “strong argument,” but that the case “could go either way,” since “there is precedent on both sides of the question.”
For more information, please visit:
http://www.washingtonpost.com/wp-dyn/content/article/2010/07/06/AR2010070601928.html
http://www.americanimmigrationcouncil.org/newsroom/release/united-states-v-arizona-drawing-clear-line-between-federal-and-state-immigration-au
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A recent Los Angeles Times Article, citing legal experts, predicts that the Arizona's SB 1070 is likely to be struck down. Specifically, Jack Chin, a University of Arizona law professor states, "It's one thing for . . . the ACLU to say this [Arizona law] interferes with federal policy. It is quite a different thing when the federal government goes to court and says it. The clear rule has been that states do not have the power to regulate immigration."
ReplyDeleteIn an on-point argument, the Justice Department supports the law suit by stating that Arizona exceeded its authority by making it a state crime for an illegal immigrant to apply for a job or to be caught without immigration papers. Indeed, immigration violations are punished pursuant to civil law; they are not federal crimes. Logically, therefore, the state cannot criminalize immigration violations.
Read this interesting article here: http://www.latimes.com/news/nationworld/nation/la-na-arizona-legal-20100709,0,5875359.story