Posted on 10/21/2011 5:13:13 PM PDT by Hunton Peck
PHOENIX (AP) A federal judge Friday dismissed Arizona Gov. Jan Brewer's lawsuit that accused the Obama administration of failing to enforce immigration laws or maintain control of her state's border with Mexico.
The dismissal by U.S. District Judge Susan Bolton comes in a counter-lawsuit filed by Brewer as part of the Justice Department's challenge to Arizona's controversial immigration enforcement law.
The Republican governor was seeking a court order that would require the federal government to take extra steps, such as more border fencing, to protect Arizona until the border is controlled.
Bolton said Brewer's claim that Washington has failed to protect Arizona from an "invasion" of illegal immigrants was a political question that isn't appropriate for the court to decide.
The judge also barred some of Brewer's claims because the issues were dealt with in a 1994 case by Arizona and can't be litigated again. Court precedent also requires the dismissal of some claims, Bolton wrote.
"While Arizona may disagree with the established enforcement priorities, Arizona's allegations do not give rise to a claim that the counter-defendants (the federal government) have abdicated their statutory responsibilities," Bolton wrote.
Brewer said in a written statement that she wasn't surprised by Bolton's ruling.
"It is but the latest chapter in a story that Arizonans know all too well: The federal government ignores its constitutional and statutory duty to secure the border. Federal courts avert their eyes....
(Excerpt) Read more at centurylink.net ...
This comes as no surprise. They are now giving illegals work permits, certain cites are making their own Immigration laws.They ignore federal detainers, release illegals on bail..Moving towards a 3rd country..
I fail to understand how anyone could think that if you are suing the feds, and the case gets heard in a federal court, did everybody just fall off the turnip truck and believe you can get a fair trial???
When the case gets dismissed, isn’t that like one of the Homer Simpson “Doh!!!” minutes where the light finally comes on?
Might as well sue the elephants at the circus and have the clowns be the judge and jury.
Come to think of it, that analogy is pretty spot-on!!
I wonder what would happen “if” the states would refuse to enforce “any” federal laws? If the state can’t enforce fed laws against illegal aliens, why enforce any fed law?
Uncle Sam is a deadbeat who does not honor his financial and moral obligations.
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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.
And the previous case she should have sent to the Supreme Court as she lacks jurisdiction. The State of Arizona shouldn't have to plead a case before a third tier judge like herself; the court of jurisdiction is and should be the Supreme Court.
YAY! One more brick in the wall that will eventually FORCE states and individuals to face federal courts' lack of legitimacy in deciding issues where the feds are one of the parties! Apparently the states and people HAVE to be forced to come to that realization; I'm just dumbfounded that the feds have got away with it for THIS long.
Did you notice this story was from October?
Yeah, AFTER I posted. October 2011, actually. I had searched on 10A, got distracted for a minute and when I came back, forgot I had searched and thought I was looking at the latest News/Activism. D’oh!
That’s OK. But I have to admit I chuckled a little bit, so I had to rib you some. I’ve done it too. I’ve done lots of funny things these past 15 years.
:^)
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