Posted on 07/09/2010 7:02:25 PM PDT by SarahParalegal
July 9, 2010 From the Desk of Judicial Watch President Tom Fitton:
Obama Administration Launches Legal Assault on Arizona Over Illegal Immigration Law
We all knew it was coming. As soon as Arizona Governor Jan Brewer signed into law a tough new illegal immigration enforcement law, the Obama White House promised a war. And that’s what they brought this Tuesday when the Department of Justice filed a lawsuit against the State of Arizona. According to Fox News: 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.” The suit names the state of Arizona as well as Gov. Jan Brewer as defendants. In it, 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. The government’s core legal argument centers on the Supremacy Clause, which, in short-hand, means that where there is a conflict, federal law trumps state law. And since illegal immigration, according to Justice lawyers, is a federal responsibility, the State of Arizona has no business sticking its nose where it doesn’t belong. Of course this is a bogus argument. The courts have consistently held that states can, in fact, implement immigration-related laws, as long as these laws do not go beyond the dictates of federal law. The Arizona statute merely seeks to enforce federal law. Nothing more. But if you really want to understand the Obama administration’s motivation for filing this lawsuit, check out this excerpt: “If allowed to go into effect, S.B. 1070’s mandatory enforcement scheme will conflict with and undermine the federal government’s careful balance of immigration enforcement priorities and objectives.”
Allow me to translate. If Arizona’s law is allowed to go into effect, it will interfere with the Obama administration’s decision not to enforce laws against illegal immigration! In other words, the Arizona law might just force the federal government to confront a responsibility that it would rather avoid. The term “mandatory enforcement” is a bit scary to the Obama administration when it comes to immigration law.
Sure enough, in its related brief requesting a preliminary injunction, the Obama administration talks of its “ability to provide measured enforcement of criminal sanctions so as to accommodate the many other objectives that Congress enacted into the immigration laws.” You have to love that phrase “measured enforcement.” The late George Orwell would be in awe of this doublespeak. The Obama gang admits to a federal court that it does not want to enforce a number of federal laws against immigration and, as a result, that states that try to complement or follow those laws must be stopped! This is, it should go without saying (even in logic-deprived Washington), a weak legal argument. This dereliction fits in with what Arizona Republican Senator John Kyl recounted about a meeting he had recently with President Obama. The Huffington Post reports: Speaking to conservative supporters in his home state, Kyl alleged that President Obama told him in a private meeting that if his administration takes steps to “secure the border,” then lawmakers in Washington “won’t have any reason to support comprehensive immigration reform.” The GOP Senator went on to criticize the approach to border control by blasting, “They are holding it hostage.” The Obama approach to illegal immigration is about as cynical and lawless as it comes. There evidently is no effective voice for the rule of law in his administration. Here’s another excerpt from the Obama Justice Department lawsuit that is utterly foolish and insulting: “The United States understands the State of Arizona’s legitimate concerns about illegal immigration, and has undertaken significant efforts to secure our nation’s borders.” And just what “significant efforts” is the Justice Department referring to? The Obama administration’s plan to provide blanket amnesty to all illegals, a plan we already know will lead to a flood of illegal aliens crossing the border to take advantage of the program? The federal government’s attempts to undermine 287g, a federal program that trains local law enforcement officers in illegal immigration enforcement techniques? The Justice Department’s own campaign to harass Arizona Sheriff Joe Arpaio, known as “America’s toughest sheriff” for his no-nonsense approach to illegal immigration enforcement? Other than temporarily sending a few National Guardsman down to the border in a publicity stunt, the Obama administration has done little to address the crisis at the southern border. After the Obama Justice Department filed its lawsuit, Governor Brewer said in response: “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. Now, Arizona is under attack in federal court from President Obama and his Department of Justice.” But not just Arizona — every state in the country that seeks to protect its citizens from the scourge of rampant illegal immigration. (According to press reports, Oklahoma, Utah and South Carolina are among the many states now considering tough new illegal immigration enforcement measures of their own.) That’s why Judicial Watch’s nationwide campaign to enforce our nation’s immigration laws is a high priority. We realize Arizona is a key battleground. We’ve been working with the citizens of Arizona for years to address the illegal immigration crisis. And we will certainly help them now to mount a defense against the Obama administration’s offensive. In fact, our attorneys are working to draft an amicus brief to file in support of the Arizona law next week. But we’re also taking a 50-state strategy to counter illegal immigration. Stay tuned. Arizona’s law, absent court intervention, will go into effect on July 29th.
“Obama Administration Launches Legal Assault on Arizona Over Illegal Immigration Law”
Very poorly worded headlibe. Should be law against illegal immigration. This makes it sound like the law itself is illegal.
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Help Fill The Tank!
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Ya Know....
Into the foreseeable future "department of justice" needs to appear in quotation marks.
The wrath Gov. Brewer seems to be facing would apply to one of Orwell's quotes:
If we were to really close the Border, and maybe put a impassable fence, it would keep out All Illegal Aliens right??
Where are we going to get the necessary Drugs for the War on Drugs?
Who will be the one to Fire 3/4 of the Police in this country??
What about all the Prison Guards and Prisons??
Judges? Attorneys?
Court rooms?.....
The list is endless, a very Large percentage of Government Employees would be out of a Job.
I’d rather see our troops patroling the southern border with Mexico than dying in Iraq and Afghanistan for nothing. Our politicians have no intention of fighting to win against our Muslim enemies. Our troops are mercenaries for the Saudi’s to protect them from Iran. If we were serious about winning, it would be over — we defeated Japan and Germany in less than 4 years in the 1940’s.
Citizens of this country are more likely to be killed by an illegal immigrant than by an Al Queda fighter roaming the hills of Afghanistan. Our pocketbooks are being drained by the social costs associated with keeping up 20 million illegals. Let’s put our troops to work stopping the invasion across the southern border and rounding up the illegals already in the country.
When those in charge decide that laws are to be enforced or NOT, that is tyranny! We now have a branch of government that is deciding (on its own) whether laws (on the books) are to be enforced or NOT! We have now reached beyond the so-called rule of law and have become the rule of those in charge.
This can NOT stand! It will not and if not corrected in the next election, it will be corrected eventually...
And the political thugs say conservatives are dangerous and reckless and must be watched, harrassed and stopped.
The resident's staff said they were making war on a State?
Truth out
By the way, we haven’t been in a “war” since then, all conflicts have been “Peace Keeping Missions” under the guise of the UN. The purpose is Not to Win, but slowly condition us into a World Government. The Borders will never be sealed, we need the War on Drugs more than anything. Sealing the Border would end the War on Drugs. NEVER GONNA HAPPEN.
“One World, One People, Open Borders, Free Trade”
Karl Marx.
Ping!
BTTT
SB 1070 defense fund swells [> 1/2 of donations since US challenge to immigration law]
"ALOHA"
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