Eric Holder/Department of Justice files lawsuit against Arizona. Lawsuit claims Arizona’s immigration law usurps federal authority, violates Supremacy Clause of the Constitution

obama-constitutionAs expected, the Department of Justice has filed a lawsuit against Arizona over their immigration law SB1070. The lawsuit claims Arizona’s immigration law usurps federal authority and violates Supremacy Clause of the Constitution. According to Fox News, the lawsuit, 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.

“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.”

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.

Obama and other top officials have criticized the law as misguided, while Brewer has slammed the administration for pursuing a lawsuit. She claims the administration has not done enough to secure the border — a charge the administration denies.

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.”

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.

You can read the lawsuit here. (PDF format)

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July 6, 2010 · Filed Under Department of Justice, eric holder, Illegal Immigration


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