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.

[Windflier]

Maybe the other states will wise up and do the same.

Texas Fossil informed us last night that Texas has a similar bill in the works, but that it won't be addressed until our state legislature next meets in 2011.

I think it's time for California to re-visit prop 187, which banned social services for illegal aliens. It was passed by the voters, then subsequently struck down in the California courts.

www.cnn.com/ALLPOLITICS/1998/03/19/prop.187/

[23 Everest]

Illegals throw rocks & bottles at cops. Smear refried beans on the capital building and Obama comes out in support of these illegals doing violent protect probably egged on by talk radio.

Tea Party Patriots hold peaceful protest and he demeans them, others in his regime call us terrorist!

This is all bass ackwards and come November we are going to straighten it out.

[Natural Born 54]

It’s also a false statement.

From comment #3 above (http://www.freerepublic.com/focus/f-news/2500798/posts?page=3#3):

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.

---

Now that they have a state law that grants the legal authority, it is perfectly legal according to Federal law for them to enforce immigration law locally via local police.

[greatplains]

Isn't this reassuring? Our president ordering the DOJ to challenge a law targeting an illegal practise. But you're right, who cares about that silly stuff.

[JeaninFL]

ROTFLMAO - so true! The strawman had no brain.

[Windflier]

Don't EVEN imply that Sarah Palin is against "path to citizenship" AMNESTY. Don't even!!!!

When it comes to this NATIONAL SECURITY issue, she is NO different than Bush or McCain!!! She's made it very clear. She is not FOR us, she is AGAINST us.

You're foaming at the mouth. Libs do that all the time when they're caught lying. Which is always.

Sarah Palin supports the law. She does not support illegal immigration. She has said this repeatedly, and her exact quotes on this have been posted on this forum hundreds of times.

That you (and others) continue to level this baseless charge anyway indicates that you have some ulterior motive for attacking her on this point.

[23 Everest]

Illegals throw rocks & bottles at cops. Smear refried beans on the capital building and Obama comes out in support of these illegals doing violent protest probably egged on by talk radio.

Tea Party Patriots hold peaceful protest and he demeans them, others in his regime call us terrorist!

This is all bass ackwards and come November we are going to straighten it out.

[lapsus calami]

 

This has real potential of turning into a Chinese finger-trap for the Obamanistas.

 

They'd be stupid for going through with any such threat, since it would be feds challenging federal law - the Arizonans have standing to do what they're doing as prescribed under federal statute. Zero & Co's argument would essentially be for Arizona to dismiss and not uphold established law? Demands to enforce some and not others needs to face hard questions concerning their reasoning - their responses should be doozies.

 

 

[SatinDoll]

I believe there exist similiar state statutes for enforcement of Federal environmental codes.

The DOJ has never challenged those, have they?

[Natural Born 54]

Not a chance. If the case goes to court, it will be because they found a judge that will rule in the Feds’ favor.

[moehoward]

Bump that

[Natural Born 54]

Good one.

[savedbygrace]

Excerpt that it doesn’t appear to be a part of the US Code:

http://law.cornell.edu/uscode/8/usc_sec_08_00001324——000-.html

In 8 USC 1324(a)(1)(A)(iv) there are no subdivisions at all, much less (b)(iii).

[RobRoy]

You mean someone made it up?

[RobRoy]

Yikes. You’re right. Looks like either a typo or BS.

[Natural Born 54]

You are wrong. When asked for her attitude regarding illegal aliens, Sarah said, “well, they’re illegal, aren’t they?

Who did the Arizona governor choose to spend the day with after signing this bill? Who was standing tall right next to her for the photographers at the game? Yep, it was Sarah.

[savedbygrace]

Unless the reference location is a typo. I didn’t search 8 USC to try to find it elsewhere. But that reference simply does not exist, as you can see with your own eyes.

This article also came up in a search:

http://blog.law.cornell.edu/tbruce/2009/10/19/hey-joe-whaddaya-know/

[RobRoy]

That’s VERY interesting.

[greyfoxx39]

In 8 USC 1324(a)(1)(A)(iv) there are no subdivisions at all, much less (b)(iii).

I can't find it from those references either. I'd like to see the correct link to this, to post on my Facebook page.

[alarm rider]

Here is the case for realistic conservative leadership. In a calm and diplomatic way, if we had true leadership, it could be explained to the knee-jerk public that Mexicans are not a race. It’s true and simple.

We do not have such leadership, what we have are elected officials who are too cowardly to stand up and make the argument based on facts.

Giving the left what they want is a loser, no matter how you spin it as such.