Sunday, July 11, 2010

U.S. Attorney General Holder Says Arizona Law SB 1070 Is Inconsistent With Federal Policy And Constitution

By H. Nelson Goodson
July 11, 2010

Aspen, Colorado - On Sunday, Eric Holder, U.S. Attorney General told News chief Washington correspondent Bob Schieffer of CBSNews "Face the Nation" that the Arizona state law SB 1070 is "inconsistent with the Constitution and is preempted by federal government policy." The interview comes almost a week after the United States Department of Justice (USDOJ) filed a lawsuit last Tuesday with a Phoenix federal court. The lawsuit claims the Arizona law preempts federal policy. Holder said, states can help the government enforce immigration laws, but for Arizona to create laws inconsistent with federal policy is contrary what the government is trying to accomplish.
The USDOJ did not address racial profiling in the lawsuit, but Holder admitted that the government wouldn't hesitate to file a lawsuit in the future, if the Arizona was enacted and led to racial profiling. 
"What we're saying is that they cannot pass laws that are inconsistent with the federal laws, or do things that contravene federal policy when it comes to the enforcement of our immigration laws," Holder said. "And the Arizona statute, if you look at the guts of it, really puts in place a whole variety of things that are inconsistent with what we have decided to do as a federal government... I understand, first off, the frustration of the people of Arizona and the concerns that they have with regard to the amount of illegal immigration that occurs, but the solution that the Arizona legislature came up with is inconsistent with our federal Constitution."
Many Republicans and people in law enforcement agreed that the USDOJ decision to file a lawsuit challenging Arizona's SB 1070 was in fact the correct and right thing to do, according to Holder.
"It doesn't mean that if the law for whatever reason happened to go into effect, that six months from now, a year from now, we might not look at the impact the law has had ... and see whether or not there has been that racial profiling impact. If that was the case, we would have the tools and we would bring suit on that basis," Holder said.
On Friday, League of United Latin American Citizens (LULAC) filed a lawsuit against Arizona's SB 1070 and training video. LULAC's filing becomes the seventh lawsuit that has been filed with an Arizona federal court.
Arizona Governor Jan Brewer (R) confirmed that a private fund to defend SB 1070 has raised more than $500,000 to defend the law, but the USDOJ has millions of dollars to kill the measure in federal court.
Another Constitutional issue could force the USDOJ to file a second lawsuit, if the Arizona legislature moves forward to approve a proposed law stripping U.S. Citizenship from newborns of illegal immigrants in Arizona.
A candidate for the Arizona Corporation Commission (AZCC), which regulates power, gas, water, and telecommucations wants to cut service for illegal immigrants, if elected. Attorney Barry Wong, will propose for the AZCC to cut utilities from illegal immigrants in the state. The feds might not be to candid about Wongs proposed initiative, since the AZCC gets federal stimulus funding from the American Recovery and Reinvestment Act of 2009 and awards loans to companies that will help bring new energy, water and telecommunications projects to the state. AZCC denying service to the public or in this case illegal immigrants can be construed as discrimination while operating with federal funds. Wong should know better, then to try and use the utilities commission to deny service to taxpayers, if elected to the Board in August.

USDOJ Files Lawsuit Challenging Arizona's SB 1070, copy of Arizona lawsuit and filed brief included http://bit.ly/aWETa4

USDOJ Arizona complaint 25-page lawsuit link: http://bit.ly/9XeDYz

USDOJ filed Arizona brief link:  http://bit.ly/bFEIB5

SB 1070 Arizona law, 19 pages at Internet link: http://bit.ly/98GMCU

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