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 ...
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..."
Does this mean they will name the US Government as co-defendant since the AZ mirrors the Federal law?
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.
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.
“IT IMPEDES FEDERAL LAW?!?!?!?!?! WTH?!?!?”
The feds impede it on there own. They don’t pay any attention to the law.
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/
You have got to be kidding me. Is there anyone in the Obama Justice Department who has actually read the Constitution at least once?
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.
And the federal law that the AZ law supports? Thanks Blood of Tyrants.
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.
Clarified.
Too true.
...and the recently passed healthcare law...
The little turds actually read it?
Think the 9th Circus will read it before they rule on it?
How could we impede them when they aren’t doing anything?
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.
The ACLU can take a few years off. The DOJ will do their job for them and with our tax money.
Arizonans ahould impeach their AG.
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