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DOJ Lawyers Draft Challenge to AZ Law
Foxnews ^ | 5/25/2010 | Mike Levine

Posted on 05/25/2010 6:35:33 PM PDT by 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.

(Excerpt) Read more at liveshots.blogs.foxnews.com ...


TOPICS: Breaking News; Crime/Corruption; Government; News/Current Events; US: Arizona
KEYWORDS: aliens; arizona; arrogance; bhodoj; bhofascism; bulgersdoj; democrats; dnc4bombers; dnc4criminals; dnc4illegals; doj4alqaeda; doj4criminals; doj4illegals; doj4invaders; doj4islam; doj4terrorists; doj4treason; dojservestheenemy; dojundertreason; dojvsallamericans; dojvsamerica; donttreadonme; holder; holder4alqaeda; holder4criminals; holder4illegals; holder4invaders; holder4islam; holder4terrorists; holdervsallamericans; holdervsamerica; illegalimmigration; immigrantlist; liberalfascism; obama; obama4alqaeda; obama4criminals; obama4illegals; obama4invaders; obama4islam; obama4terrorists; obamavsallamericans; obamavsamerica; standwitharizona; treason; tyranny
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To: Blood of Tyrants
They REFUSE to enforce the law and they want to prevent anyone else from doing it!

Shakespeare could write a great comedy about this, if he were still living.

Is what I heard true, that 'lawyer' is just a long form of the word 'liar'? As in "Liars for the DOJ today announced plans to file charges..."

61 posted on 05/25/2010 7:17:36 PM PDT by ARepublicanForAllReasons (BORDERS, LAWS and LANGUAGE)
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To: Blood of Tyrants

Does this mean they will name the US Government as co-defendant since the AZ mirrors the Federal law?


62 posted on 05/25/2010 7:18:20 PM PDT by My hearts in London - Everett (So the writer who breeds more words than he needs, is making a chore for the reader who reads.)
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To: FlingWingFlyer

Bad idea because they would just raise taxes on all of us to pay for it.Case in point is 4X tax increase on a barrel of oil to cover the gulf clean up when BP is responsible for the clean up.


63 posted on 05/25/2010 7:19:01 PM PDT by HANG THE EXPENSE (Life is tough.It's tougher when you're stupid.)
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To: Blood of Tyrants
Attorney General Eric Holder, "The regulation of our borders and the immigration that occurs by crossing our borders is something that is inherently something I believe for the national government to take responsibility for."

So AZ should counter sue the Feds. He's admitted before the House Judiciary Committee on May 13 that the Feds aren't doing the job they are by law ordered to do.

64 posted on 05/25/2010 7:23:47 PM PDT by My hearts in London - Everett (So the writer who breeds more words than he needs, is making a chore for the reader who reads.)
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To: pillut48

“IT IMPEDES FEDERAL LAW?!?!?!?!?! WTH?!?!?”

The feds impede it on there own. They don’t pay any attention to the law.


65 posted on 05/25/2010 7:28:20 PM PDT by Revel
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To: Blood of Tyrants

That’s odd as the ACLU says Arizona’s law will pass constitutional muster: http://www.foxnews.com/opinion/2010/05/25/ken-klukowski-arizona-immigration-law-obama-national-guard-troops-border/


66 posted on 05/25/2010 7:28:31 PM PDT by persistence48
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To: 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

You have got to be kidding me. Is there anyone in the Obama Justice Department who has actually read the Constitution at least once?

67 posted on 05/25/2010 7:29:26 PM PDT by Hoodat (.For the weapons of our warfare are mighty in God for pulling down strongholds.)
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To: Blood of Tyrants

If I was the Arizona governor I would inform the ‘federal’government that until such time as a Constitutionaly elected President is sitting in the White House , it has no authority over Arizona. Would make one hell of a case, and I do think that obama would cave before allowing it to go to court. To be the “legal’ president he would have to prove that BOTH his parents were American citizens at his birth or he is not a Natural Born citizen.


68 posted on 05/25/2010 7:31:58 PM PDT by omegadawn
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To: AdmSmith; Berosus; bigheadfred; Convert from ECUSA; dervish; Ernest_at_the_Beach; Fred Nerks; ...

And the federal law that the AZ law supports? Thanks Blood of Tyrants.


69 posted on 05/25/2010 7:32:26 PM PDT by SunkenCiv ("Fools learn from experience. I prefer to learn from the experience of others." -- Otto von Bismarck)
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To: Blood of Tyrants
Funny that, they never had a problem with California's identical statute, which has been on the books for years. Aside from that, they'll never prove their case, certainly not with a facial challenge. Holder can ...


70 posted on 05/25/2010 7:35:17 PM PDT by Oceander (The Price of Freedom is Eternal Vigilance -- Thos. Jefferson)
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To: Blood of Tyrants
Are they also going to challenge the California law?

California Penal Code 834b

834b. (a) Every law enforcement agency in California shall fully cooperate with the United States Immigration and Naturalization Service regarding any person who is arrested if he or she is suspected of being present in the United States in violation of federal immigration laws.
(b) With respect to any such person who is arrested, and suspected of being present in the United States in violation of federal immigration laws, every law enforcement agency shall do the following:
(1) Attempt to verify the legal status of such person as a citizen of the United States, an alien lawfully admitted as a permanent resident, an alien lawfully admitted for a temporary period of time or as an alien who is present in the United States in violation of immigration laws. The verification process may include, but shall not be limited to, questioning the person regarding his or her date and place of birth, and entry into the United States, and demanding documentation to indicate his or her legal status.
(2) Notify the person of his or her apparent status as an alien who is present in the United States in violation of federal immigration laws and inform him or her that, apart from any criminal justice proceedings, he or she must either obtain legal status or leave the United States.
(3) Notify the Attorney General of California and the United States Immigration and Naturalization Service of the apparent illegal status and provide any additional information that may be requested by any other public entity.

This law has been on the books in California for quite some time, and it is actually more strict than the Arizona law. Yet the Holder Justice Dept. is once again trashing equal protection guaranteed by Amendment XIV.

71 posted on 05/25/2010 7:38:19 PM PDT by Hoodat (.For the weapons of our warfare are mighty in God for pulling down strongholds.)
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To: Parley Baer
“it is illegal because it impedes their ability to ignore their federal law”

Clarified.

72 posted on 05/25/2010 7:43:41 PM PDT by Mad_Tom_Rackham (It is the duty of the patriot to protect his country from its government -- Thomas Paine)
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To: pissant

Too true.


73 posted on 05/25/2010 7:43:49 PM PDT by Blood of Tyrants (The US will not die with a whimper. It will die with thundering applause from the left.)
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To: Myrddin

...and the recently passed healthcare law...


74 posted on 05/25/2010 7:44:02 PM PDT by Solson (magnae clunes mihi placent, nec possum de hac re mentiri.)
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To: Blood of Tyrants

The little turds actually read it?


75 posted on 05/25/2010 7:45:04 PM PDT by Red Steel
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To: KoRn

Think the 9th Circus will read it before they rule on it?


76 posted on 05/25/2010 7:46:53 PM PDT by Blood of Tyrants (The US will not die with a whimper. It will die with thundering applause from the left.)
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To: redgolum

How could we impede them when they aren’t doing anything?


77 posted on 05/25/2010 7:50:27 PM PDT by Blood of Tyrants (The US will not die with a whimper. It will die with thundering applause from the left.)
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To: silentreignofheroes

Except that the whole system is on its head. It used to be understood that anything the Constitution did not expressly allow was prohibited from the federal government. Now the general thinking among Rats and Republicans alike is that what is not specifically prohibited is allowed. The federal government used to exist to support the states. Now it is the opposite.


78 posted on 05/25/2010 7:57:12 PM PDT by Blood of Tyrants (The US will not die with a whimper. It will die with thundering applause from the left.)
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To: Blood of Tyrants

The ACLU can take a few years off. The DOJ will do their job for them and with our tax money.


79 posted on 05/25/2010 7:59:25 PM PDT by whence911 (Here illegally? Go home. Get in line!)
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To: sabe@q.com

Arizonans ahould impeach their AG.


80 posted on 05/25/2010 8:00:58 PM PDT by whence911 (Here illegally? Go home. Get in line!)
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