Published July 06, 2010
| FoxNews.com
Attorney General Eric Holder speaks to the media in Kabul June 30. (Reuters Photo)
Accusing Arizona of trying to "second guess" the federal government, the Justice Department on Tuesday filed a lawsuit challenging the state's immigration policy -- claiming the "invalid" law interferes with federal immigration responsibilities and "must be struck down."
In the suit, which names the state of Arizona as well as Gov. Jan Brewer as defendants, the Justice Department claims the federal government has "preeminent authority" on immigration enforcement and that the Arizona law "disrupts" that balance. It urges the U.S. District Court in Arizona to "preliminarily and permanently" prohibit the state from enforcing the law, which is scheduled to go into effect at the end of the month.
"Arizonans are understandably frustrated with illegal immigration, and the federal government has a responsibility to comprehensively address those concerns," Attorney General Eric Holder said in a written statement. "But diverting federal resources away from dangerous aliens such as terrorism suspects and aliens with criminal records will impact the entire country's safety. Setting immigration policy and enforcing immigration laws is a national responsibility. Seeking to address the issue through a patchwork of state laws will only create more problems than it solves."
Brewer slammed the U.S. government saying the suit is a "massive waste of taxpayer funds."
"It is wrong that our own federal government is suing the people of Arizona for helping to enforce federal immigration law. As a direct result of failed and inconsistent federal enforcement, Arizona is under attack from violent Mexican drug and immigrant smuggling cartels," she said in a prepared statement. "Now, Arizona is under attack in federal court from President Obama and his Department of Justice."
She went on to say, "the irony is that President Obama's Administration has chosen to sue Arizona for helping to enforce federal immigration law and not sue local governments that have adopted a patchwork of 'sanctuary' policies that directly violate federal law. These patchwork local 'sanctuary' policies instruct the police not to cooperate with federal immigration officials."
The suit, which drew tough criticism from state lawmakers Tuesday, claimed the state law focuses only on getting rid of illegal immigrants and "ignores" other immigration objectives.
"The United States Constitution forbids Arizona from supplanting the federal government's immigration regime with its own state-specific immigration policy," the suit says. "A policy that, in purpose and effect, interferes with the numerous interests the federal government must balance."
Click here to read the lawsuit.
Arizona lawmakers slammed the administration over the suit Tuesday.
"This is the wrong direction to go," Rep. Harry Mitchell, D-Ariz., said in a statement, calling on the administration to devote its resources to border security.
Twenty House Republicans wrote a letter to Holder in protest of the decision. Republican Arizona Sens. John McCain and Jon Kyl released a joint statement calling the suit "premature."
"The Obama administration has not done everything it can do to protect the people of Arizona from the violence and crime illegal immigration brings to our state. Until it does, the federal government should not be suing Arizona on the grounds that immigration enforcement is solely a federal responsibility," the senators said.
The court action comes just days after President Obama delivered a speech calling on Congress to tackle a comprehensive overhaul of the nation's immigration system. In the speech, he criticized Arizona's law and warned that national legislation is needed to prevent other states from following suit.
The president did not mention the lawsuit, but one had been widely expected for weeks. After the administration initially said it would take the law under review, Secretary of State Hillary Clinton revealed last month in an interview with a foreign television network that the administration intended to challenge the Arizona policy.
The Arizona law, passed in April, makes illegal immigration a state crime and requires local law enforcement to question anyone they suspect of being an illegal immigrant on their residency status.
Several civil rights and law enforcement officials lauded the administration's actions Tuesday.
Lucas Guttentag, director of the American Civil Liberties Union Immigrants' Rights Project, called it a "critical step" to undo Arizona's "unconstitutional usurpation of federal authority and its invitation to racial profiling."
"The administration's lawsuit is a cannon shot across the bow of other states that may be tempted to follow Arizona's misguided approach," he said. The ACLU had already filed a legal challenge, which Guttentag said it would continue to pursue.
The Arizona law touched off an intense national debate over immigration. The results of any court challenge would have wide-ranging implications, as a number of other states and jurisdictions have taken up tough immigration policies similar to Arizona's.
The Obama administration has meanwhile tried to use the law as the impetus to prod Congress into tackling an immigration bill. While Arizona lawmakers defend their law as necessary to patrol the border, Obama described it last week as "unenforceable" and a vehicle for civil rights abuse. He said a "national standard" is needed and that he won't "kick the can down the road" any longer.
Republicans bristled at the speech, though, and continued to urge the administration to better secure the border before tackling a comprehensive bill -- which would likely include a pathway to legal status for millions of illegal immigrants.
Brewer told Fox News in June that Arizona would not back down from its law.
"We'll meet them in court ... and we will win," she said, calling the administration's actions a "disappointment."
I am literally broiling, or should I say I was. This just tips off everything that I have heard so far. People may say that Obama is not a leader, he has no clue how to run a country. No! Folks, let me say this clear and loud, we are dealing with evil. Plain and simple. If those that voted Obama into power (do we really have a vote that counts today with lobbying and people pulling the strings behind the scenes, I'm not talking about the alleged voter fraud of 2000) are not waking up by now that what is going on in our country will lead us into absolute disaster of which we won't come out for generations if not Christ's coming will happen before hand, than what does it take for them to ever realize who they voted into power. And that goes for the cabal that is part and parcel of this whole administration. I can say only one thing - if states will consider the option to secede from the Union than they have every G-d given right based on our constitution to do so. Preferably we unified rid ourselves from everyone that is holding office today and put those in that have G-dly ideals and believe in the principles upon which this nation has been founded on.
Maybe this is strong language. But it is five before twelve to write, call, and/or e-mail to our Represantatives and Senators and let them know very clearly where WE THE PEOPLE stand on.
