Obama Orders DOJ To Challenge Ariz. Immigration Law

Judicial Watch ^ | 4/26/2010

[Señor Zorro]

Last Updated: Mon, 04/26/2010 - 10:43am

The ink is barely dry on Arizona’s new immigration control law and President Obama has already threatened to take legal action against the measure even though it was adopted from the federal statute that’s rarely enforced.

Amid huge protests and cries of racism from the open-borders movement, Arizona Governor Jan Brewer signed the law (SB1070) that bans “sanctuary city” policies and makes it a state crime to be in the U.S. without proper documentation. Some federal and state lawmakers claim the measure amounts to institutionalized discrimination and abuse that will lead to the arrest of seniors, kids and tourists.

Obama, who tried pressuring Brewer into vetoing the “misguided” law, assures that it threatens civil rights and undermines basic notions of fairness and trust between police and their communities. The commander-in-chief has ordered the Department of Justice to challenge its legality and vows to “closely monitor the situation” and examine the legislation’s civil rights implications.

The law marks an unprecedented effort by a state to take immigration matters into its own hands since immigration offenses are currently violations of federal law that cannot be enforced by local police. But lawmakers in Arizona are fed up with the enormous toll that hundreds of thousands of illegal aliens are having on their state as the feds sit idly by and fail to secure the southern border.

When the measure goes into effect later this year illegal aliens will be charged in state court with trespassing and anyone—documented or undocumented—seeking work from a road or sidewalk will also be criminally prosecuted. Drivers who pick up illegal alien day laborers will also be punished and all residents must provide evidence of their legal status in the U.S.

When Brewer signed the law last week she pointed out that the new state crime of willful failure to complete or carry an alien registration document was adopted verbatim from the federal statute. Furthermore, it will be implemented in a manner consistent with federal laws regulating immigration, protecting the civil rights of all persons and respecting the privileges and immunities of the United States, the governor said.

“We in Arizona have been more than patient waiting for Washington to act,” Brewer said during a signing ceremony. “But decades of federal inaction and misguided policy have created a dangerous and unacceptable situation.” She added that the new law represents a much-needed tool to solve a crisis the state did not create and the federal government refuses to fix.

[Señor Zorro]

The man who would be king strikes again.

This wouldn't have anything to do with cutting into the Democratic Party's base, now would it?

[ExTexasRedhead]

Proof positive that we have enemies within.

[RobRoy]

He may have a hard time with this:
http://www.freerepublic.com/focus/f-news/2499653/posts?page=13#13

Federal Immigration and Nationality Act
Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)

State and local law enforcement officials have the general power to investigate and arrest violators of federal immigration statutes without prior INS knowledge or approval, as long as they are authorized to do so by state law. There is no extant federal limitation on this authority. The 1996 immigration control legislation passed by Congress was intended to encourage states and local agencies to participate in the process of enforcing federal immigration laws. Immigration officers and local law enforcement officers may detain an individual for a brief warrantless interrogation where circumstances create a reasonable suspicion that the individual is illegally present in the U.S. Specific facts constituting a reasonable suspicion include evasive, nervous, or erratic behavior; dress or speech indicating foreign citizenship; and presence in an area known to contain a concentration of illegal aliens.

[autumnraine]

The DOJ can’t be bothered to answer about the Black Panthers and ignores subpeonas from the Senate Judiciary Committee, but can challenge a state creating a bill to enforce federal laws already in force.

Up is down, down is up, blah blah blah

[RC2]

How could it be racism if 85% of your population is Mexican? It would be racism if the police only pulled over the other 15%.

[a fool in paradise]

Pick and choose system of government.

He doesn't know about the Constitution, I don't care what he claimed his area of expertise.

[kbennkc]

Please let The US Attorney's action be dismissed due to lack of standing .

[Pantera]

Welcome to the Constitutional Crisis
http://www.freerepublic.com/focus/news/2500247/posts?page=1

[OrioleFan]

Maybe a judge will rule against the feds and require them to enforce the law, else ElBama pays the damages.

[fatnotlazy]

Well, we knew this would happen.

I think it’s funny that he’s being hit from all sides — this, the prospect of a Republican majority in one or both houses of Congress, the lawsuits over health care reform, the Blago subpoenas, etc. There are even a number of kool-aid drinkers who voted for him, but now are dissatisfied with him. The more fronts he has to fight in, the less successful he will be.

[Travis McGee]

Just give them what they want, and we'll have peace.

[Tallguy]

The law marks an unprecedented effort by a state to take immigration matters into its own hands since immigration offenses are currently violations of federal law that cannot be enforced by local police.

Funny. The Feds didn't make that argument when certain US cities declaired themselves "sanctuary cities" ten years ago or so. I guess you can only pre-empt federal law in pursuit of a "progressive cause?"

[himno hero]

Why doesn’t the DOJ, now that they are involved, explain to Obama that he is thereby killing American employment and most affected is that neo marxists’ black side. And then talk about importing their dirt, illiteracy , poverty and crime?

SEE if that jackass in charge of DOJ can Arizona has a valid concern as they are on the front line...

[fatnotlazy]

It’s not that Obama doesn’t know about the Constitution — he doesn’t CARE ABOUT the Constitution. That’s what’s frightening.

[alarm rider]

Mexicans are not a race, they are an ethnic group. Hispanic is a language group, not a race. Therefore, unless one can identify the race (there are three, four if you are politically correct), there can be no racism when discussing this matter.

[Doogle]

selective rage....ask Clarence Thomas about it.

[rovenstinez]

Well, his Aunt would have to go back to Kenya if she visited Phoenix, that´s HIS problem.

[combat_boots]

Alternatively, the more his willingness to take ‘the ship’ down with him & his handlers — if necessary — becomes apparent.

They’re battening down the hatches. “If they bring a knife, we’ll bring a gun,” remember?

[K-oneTexas]

That or (as I understand from reading another article) that AZ is only formalizing federal laws now in effect. If that is true they can not be violating any law or statutes passed by Congress and not held unconstitutional by the USSC.

[RC2]

Understood, but they are calling it racism so that means it must be addressed as such. If this is what they want, what else are you going to do?