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Justice Dept. challenges Ariz. immigration law

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    Justice Dept. challenges Ariz. immigration law

    Justice Dept. challenges Ariz. immigration law

    Lawsuit questions constitutionality of controversial bill targeting illegal immigrants

    updated 3 minutes ago
    breaking news

    The U.S. Justice Department is filing a lawsuit challenging the constitutionality of Arizona's new law targeting illegal immigrants, setting the stage for a clash between the federal government and state over the nation's toughest immigration crackdown.
    The planned lawsuit was confirmed to The Associated Press by a Justice Department official with knowledge of the plans. The official didn't want to be identified before a public announcement planned for later Tuesday.
    The lawsuit will argue that Arizona's new measure requiring state and local police to question and possibly arrest illegal immigrants during the enforcement of other laws, like traffic stops, usurps federal authority.
    Tuesday's action has been expected for weeks. President Barack Obama has called the state law misguided. Supporters say it is a reasonable reaction to federal inaction on immigration.
    The law requires officers, while enforcing other laws, to question a person's immigration status if there's a reasonable suspicion that they are in the country illegally.
    Republican Gov. Jan Brewer signed the law in April, and it was set to go into effect July 29. The lawsuit could delay implementation of the law.
    Arizona passed the law after years of frustration over problems associated with illegal immigration, including drug trafficking and violent kidnappings. The state is the biggest gateway into the U.S. for illegal immigrants, and is home to an estimated 460,000 illegal immigrants.
    The lawsuit is expected to be announced by Attorney General Eric Holder and Homeland Security secretary Janet Napolitano, a former Arizona governor.

    President Barack Obama addressed the Arizona law in a speech on immigration reform last week. He touched on one of the major concerns of federal officials, that other states were poised to follow Arizona by crafting their own immigration enforcement laws.
    "As other states and localities go their own ways, we face the prospect that different rules for immigration will apply in different parts of the country," Obama said. "A patchwork of local immigration rules where we all know one clear national standard is needed."

    The law makes it a state crime for legal immigrants to not carry their immigration documents and bans day laborers and people who seek their services from blocking traffic on streets.

    The law also prohibits government agencies from having policies that restrict the enforcement of federal immigration law and lets Arizonans file lawsuits against agencies that hinder immigration enforcement.
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    Re: Justice Dept. challenges Ariz. immigration law

    it was only a matter of time... if more states enact the same, or similair laws, the the federal government will have NO choice but to enforce the exsisting laws already on the books.. YEAH RIGHT !! wishfull thinking on my part.. good luck to Arizona !!!!
    A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.


      Re: Justice Dept. challenges Ariz. immigration law

      "A patchwork of local immigration rules where we all know one clear national standard is needed.
      What is needed is enforcement of the National Standard and the border closed by what ever means. Till then guess State rights will have to lead the way Since obama and congress won't.

      Certified Armed Infidel

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        Re: Justice Dept. challenges Ariz. immigration law

        This is a Federal problem right up until the time they step foot into Arizona, then it becomes Arizona's problem. Let them fix their own problem. Maybe these other states can herd them into kommiefornia, so they'll totally bankrupt them.
        Don't worry about the guns, send lawyers and money.

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          Re: Justice Dept. challenges Ariz. immigration law

          The Federal government needs to be sued for failure to enforce its immigration laws. That would make more sense.
          Bob D.
          Life's Good on NC's Crystal Coast


            Re: Justice Dept. challenges Ariz. immigration law

            I hope the DOJ gets their a** kicked on this one!
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              Re: Justice Dept. challenges Ariz. immigration law

              Gov. Brewer Vows to Fight DoJ Lawsuit

              Updated: Tuesday, 06 Jul 2010, 4:27 PM MDT
              Published : Tuesday, 06 Jul 2010, 4:20 PM MDT

              PHOENIX - Governor Jan Brewer says a lawsuit filed by the Department of Justice Tuesday is an "assault" and a "waste of taxpayer funds," and vows to defend the rights of Arizona's citizens.

              Full Statement by Gov. Brewer

              Today I was notified that the federal government has filed a lawsuit against the State of Arizona. 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. Now, Arizona is under attack in federal court from President Obama and his Department of Justice. Today's filing is nothing more than a massive waste of taxpayer funds. These funds could be better used against the violent Mexican cartels than the people of Arizona.

              The truth is the Arizona law is both reasonable and constitutional. It mirrors substantially what has been federal law in the United States for many decades. Arizonas law is designed to complement, not supplant, enforcement of federal immigration laws.

              Despite the Department of Justices claims in paragraph 62 of todays lawsuit, Arizona is not trying to establish its own immigration policy or directly regulate the immigration status of aliens. Arizona Revised Statutes § 11-1051(E) states that the federal government, along with local law enforcement officers authorized by the federal government, can only determine an aliens immigration status. Subsection (L) of that same section goes on to state that the law shall be implemented in a manner consistent with federal laws regulating immigration.

              The irony is that President Obamas 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 best thing government can do is to create a stable, predictable environment, governed by an easily understood set of rules or laws. We do not need to make this more complicated than it already is. We must first and foremost create a secure border. Enhanced trade, economic opportunity and freedom will surely follow.

              I am pleased that President Obama and the Department of Justice did not pursue the baseless claims of illegal racial profiling in the lawsuit. When signing S.B. 1070, I said, My signature today represents my steadfast support for enforcing the law - both against illegal immigration AND against racial profiling.

              Arizonas law expressly prohibits unconstitutional racial profiling. However, words are not enough. For this reason, I ordered the Arizona Peace Officer Standards and Training Board (AZPOST) to develop training on the new law for Arizonas police officers. AZPOST has done its job professionally and served Arizona well.

              I will not stop fighting to protect the citizens of Arizona, and to defend Arizonans in federal court. I have set up a legal defense fund to pay the substantial legal fees that Arizona has been, and will be, forced to incur as a result of all of these lawsuits.

              My legal team will not hesitate to assert the rights of the State of Arizona in this matter. Arizona will ultimately prevail against the lawsuits - including this latest assault by the Obama Administration. Our laws will be found to be constitutional - because that is exactly what they are.

              Click Here to read the law suit. Some of the reasons given are really gonna pi$$ you off.
              Certified Armed Infidel

              Si vis pacem, para bellum <if you want peace, prepare for war>