DOJ Lawyers Draft Challenge to AZ Law

Foxnews ^ | 5/25/2010 | Mike Levine

[Blood of Tyrants]

A team of Justice Department attorneys reviewing the new immigration law in Arizona has recommended that the U.S. government challenge the state law in federal court, but the recommendation faces an uncertain future and tough scrutiny from others in the Justice Department, sources with knowledge of the process tell Fox News.

Staff attorneys within the Justice Department recently sent higher-ups the recommendation. At the same time, the Justice Department's Civil Division, which oversees the majority of immigration enforcement issues for the department, has drafted a "civil complaint" that would be filed in federal court in Arizona, sources said.

The draft complaint challenges the Arizona law as unconstitutional, saying it is illegal because it impedes federal law, according to the sources, who would not offer any more details about the draft complaint or the arguments made in it.

Two weeks ago, Attorney General Eric Holder told lawmakers such an issue was being considered by Justice Department lawyers reviewing the new law, which outlines and possibly broadens the authority of police to detain those suspected of being in the country illegally.

[Blood of Tyrants]

What ARROGANT BASTARDS! They REFUSE to enforce the law and they want to prevent anyone else from doing it! Obastard is dying to destroy this nation.

[Blood of Tyrants]

Secession time.

[pissant]

Let the Revolution begin.

[Herbster]

WTF!

Is it November yet?

I dunno...

[rolling_stone]

They are making one big a$$ mistake...they need to let it go before they spark a Civil War.

[NoLibZone]

How?

They say they haven’t read it.

[Travis McGee]

How do the attack the state law based on the federal law, without attacking the federal law?

[A_Former_Democrat]

Impeachment time

He needs to go, not AZ

[marajade]

Because their argument is its federal jurisdiction.

[Parley Baer]

“it is illegal because it impedes federal law”

Now that is really stretching things. It re-enforces the federal law.

[FrankR]

So, let's say the feds win this...will that then open the door to the feds superceding ANY state law it so desires (camel's nose under the tent)?

Is this a backdoor to superceding state gun laws, etc?

A weird thought, but everything is on the table these days.

[hal ogen]

Thank God the nobama administration is protecting us. He and his minions are geniuses. All praise nobama!

[pillut48]

IT IMPEDES FEDERAL LAW?!?!?!?!?! WTH?!?!?

[Travis McGee]

And where exactly in the Constitution does it say that only federal agents can enforce federal laws, and states cannont duplicate the same laws and enforce them also?

Tell me the article and section, I can’t find it in my copy.

[marajade]

its going to court

there are five suits against the law

Gov Brewer has hired an atty to defend them since our state AG won’t

[KoRn]

"How do the attack the state law based on the federal law, without attacking the federal law?"

Because they don't want to enforce the federal law either. It probably wouldn't hurt their feelings any if the federal immigration laws were struck down too. This will kill two birds with one stone. Their main dilemma internally is finding a liberal court crazy enough to make it happen the way they want. 9th Circus here we come!!

[LibLieSlayer]

This will be slammed down because they cannot argue emotions and politics in front of the bench.

LLS

[Travis McGee]

When does an invasion constitute an invasion? 12 million? 20 million? 50 million?

I refer of course to article 4 section 4, and the federal responsibility and duty to protect the states from invasion.

[BARLF]

Agreed.

[FlingWingFlyer]

It looks like it's the Americans versus the illegal aliens and their U.S. Government allies.

No good can come of this. Our so-called government has betrayed us.