State Capitol News
4:48 pm
Tue July 6, 2010

Department of Justice in Court to Block New Immigration Law

Phoenix, AZ – At the heart of the lawsuit is the claim the Arizona law
illegally infringes on the exclusive right of the federal
government to control immigration policy. In legal papers filed
in federal court, Assistant Attorney General Tony West said
Congress has directed federal agencies to balance enforcement of
laws against illegal immigration with other priorities, like
facilitating trade and commerce, welcoming foreign visitors and
even improving international relations with Mexico. But state
Sen. Russell Pearce who crafted the measure said that's not true.

(The states have never been preempted on enforcing these laws.
This is about the Obamas' policy of non-enforcement and
maintaining their non-enforcement policy, versus Arizona policy
to enforce the law.)

SB 1070 requires police who have stopped someone to check their
immigration status if there is "reasonable suspicion'' they are
in this country illegally. It also imposes criminal penalties on
foreigners who fail to federally register or carry their
immigration documents. Other provisions make it a state crime for
undocumented workers to seek employment in Arizona and for people
to knowingly harbor or transport those who are illegal
immigrants. In the lawsuit, West said the Arizona law pursues
only the goal of getting rid of illegal immigrants and ignores
those other federal priorities. Pearce said all that is window
dressing.

(This interferes with their plan for amnesty. We know what it's
about. They are complicit. They are aiding and abetting the
enemy. They absolutely are in violation of their oath of office.
They ought to be impeached.)

But Congressman Raul Grijalva whose district includes much of the
Arizona-Sonora border said he's glad the Department of Justice
filed suit. He called it prudent and necessary.

(Prudent because you have to defend the constitutional
prerogatives of all of us, including the federal government. And
necessary because you have to test this law. And even the most
ardent supporter, whether it's Jan Brewer or Russell Pearce, I
hope after they took an oath of office to defend the
constitution, would want to make sure they're defending and
implementing the law that passes constitutional muster.)

Five other lawsuits already have been filed. But Pinal County
Attorney Jim Walsh said this one has something the others do not
-- the weight of the federal government, the only entity that may
have legal standing to ask a judge to rule that SB 1070 runs
afoul of federal supremacy. For Arizona Public Radio this is
Howard Fischer.