The U.S. Justice Department filed a lawsuit Tuesday, July 5, 2010 challenging the constitutionality of Arizona's new illegal immigrant law. This lawsuit sets the stage for a showdown between the federal government and Arizona over the toughest immigration law in the country.
The Lawsuit and the Legal and Constitutional Issues
The lawsuit was filed in U.S. District Court in Phoenix and argues that Arizona's law that requires state and local police to question and possibly arrest illegal immigrants during the enforcement of other laws usurps federal authority and is therefore unconstitutional.
In terms of a legal basis for the lawsuit, the feds contend that the Arizona law violates the supremacy clause of the Constitution, pre-emption being well-founded legal theory that federal laws override state laws.
The lawsuit initially seeks an injunction to delay the July 29, 2010 implementation of the law until the case has been fully resolved in court.. Beyond that, the government is also requesting that the law be declared invalid.
Reaction in Support of and Against Arizona SB-1070
Arizona State Sen. Russell Pearce, a main sponsor of the bill that was co-sponsored by dozens of Republican legislators, stridently claimed the lawsuit was an "absolute insult to the rule of law" as well as to Arizona and its residents.
"It's outrageous and it's clear they don't want (immigration) laws enforced. What they want is to continue their non-enforcement policy," Pearce said in a July 6, 2010 Associated Press article "Feds sue to block Arizona illegal immigrant law "."They ignore the damage to America, the cost to our citizens, the deaths" tied to border-related violence," Pearce continued.
State Rep. Kyrsten Sinema, a Phoenix Democrat who voted against the law, said the lawsuit will help settle questions over what states can do when they don't think federal laws are being adequately enforced.
"I hope this galvanizes Congress to gain the moral courage they need to address this (immigration) crisis," Sinema said in the July 6, 2010 article.
There have been many protests against the new Arizona illegal immigrant law all across the nation and even internationally. The President of Mexico, Felipe Calderón, has attacked the legislation on a number of occasions. pointing out the contribution Mexicans have long made to Arizona's economy and the unfairness of the law.
The filing of a lawsuit by the federal government in this matter has been expected ever since Arizona Governor Jan Brewer signed the legislation into law. President Obama has called the state law "misguided", while those who favor it say it is a reasonable reaction to the federal refusal to take action in regard to immigration issues.
For more information on illegal immigrant, immigration issues and Arizona law SB-1070 see this link.
Clayton Browne - Clayton Browne has a BA and an MS in Anthropology, and has been writing professionally since 1994. He worked for many years in both ...
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