Justice department asks for preliminary and permanent injunction of Arizona's SB 1070, and could permanent scrap similar laws being drafted in more than 20 states
By H. Nelson Goodson
July 6, 2010
Phoenix, Arizona - On Tuesday, the U.S. Department of Justice (USDOJ) filed a lawsuit in Arizona claiming that the state's new measure SB 1070 requiring state and local police to question and possibly arrest illegal immigrants during the enforcement of local ordinances and laws, pre-empts federal authority.
The 25-page lawsuit was filed in Arizona federal court and is challenging the Constitutionality of the state law and asks for a preliminary and permanent injunction of SB 1070. The state law would take effect on July 29.
A press release by the USDOJ on Tuesday states, in a brief filed by the USDOJ in the District of Arizona, the Department said S.B. 1070 unconstitutionally interferes with the federal government’s authority to set and enforce immigration policy, explaining that “the Constitution and federal law do not permit the development of a patchwork of state and local immigration policies throughout the country.” A patchwork of state and local policies would seriously disrupt federal immigration enforcement. Having enacted its own immigration policy that conflicts with federal immigration law, Arizona “crossed a constitutional line.”
The Department’s brief said that S.B. 1070 will place significant burdens on federal agencies, diverting their resources away from high-priority targets, such as aliens implicated in terrorism, drug smuggling, and gang activity, and those with criminal records. The law’s mandates on Arizona law enforcement will also result in the harassment and detention of foreign visitors and legal immigrants, as well as U.S citizens, who cannot readily prove their lawful status.
The Department filed the suit after extensive consultation with Arizona officials, law enforcement officers and groups, and civil rights advocates. The suit was filed on behalf of the Department of Justice, the Department of Homeland Security, and the Department of State, which share responsibilities in administering federal immigration law.
The justice department Arizona lawsuit will most likely result in other states drafting similar laws to be scrapped avoiding a federal challenge.
Arizona has an estimated 460,000 illegal immigrants.
The USDOJ lawsuit is one of multiple lawsuits already filed with the Arizona federal court. The American Civil Liberties Union and several Latino lawyers and religious organizations have also filed.
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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By H. Nelson Goodson
July 6, 2010
Phoenix, Arizona - On Tuesday, the U.S. Department of Justice (USDOJ) filed a lawsuit in Arizona claiming that the state's new measure SB 1070 requiring state and local police to question and possibly arrest illegal immigrants during the enforcement of local ordinances and laws, pre-empts federal authority.
The 25-page lawsuit was filed in Arizona federal court and is challenging the Constitutionality of the state law and asks for a preliminary and permanent injunction of SB 1070. The state law would take effect on July 29.
A press release by the USDOJ on Tuesday states, in a brief filed by the USDOJ in the District of Arizona, the Department said S.B. 1070 unconstitutionally interferes with the federal government’s authority to set and enforce immigration policy, explaining that “the Constitution and federal law do not permit the development of a patchwork of state and local immigration policies throughout the country.” A patchwork of state and local policies would seriously disrupt federal immigration enforcement. Having enacted its own immigration policy that conflicts with federal immigration law, Arizona “crossed a constitutional line.”
The Department’s brief said that S.B. 1070 will place significant burdens on federal agencies, diverting their resources away from high-priority targets, such as aliens implicated in terrorism, drug smuggling, and gang activity, and those with criminal records. The law’s mandates on Arizona law enforcement will also result in the harassment and detention of foreign visitors and legal immigrants, as well as U.S citizens, who cannot readily prove their lawful status.
The Department filed the suit after extensive consultation with Arizona officials, law enforcement officers and groups, and civil rights advocates. The suit was filed on behalf of the Department of Justice, the Department of Homeland Security, and the Department of State, which share responsibilities in administering federal immigration law.
The justice department Arizona lawsuit will most likely result in other states drafting similar laws to be scrapped avoiding a federal challenge.
Arizona has an estimated 460,000 illegal immigrants.
The USDOJ lawsuit is one of multiple lawsuits already filed with the Arizona federal court. The American Civil Liberties Union and several Latino lawyers and religious organizations have also filed.
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
Connected by MOTOBLUR™ on T-Mobile
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