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Old 07-06-2010, 11:38 AM   #1
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Justice Department To File Lawsuit Challenging Constitutionality Of Arizona Immigration Law

BOB CHRISTIE | 07/ 6/10 12:52 PM | AP


PHOENIX — 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 by Attorney General Eric Holder and Homeland Security secretary Janet Napolitano, a former Arizona governor.

The lawsuit will argue that Arizona's law requiring state and local police to question and possibly arrest illegal immigrants during the enforcement of other laws such as traffic stops usurps federal authority.

The government will likely seek an injunction to delay the July 29 implementation of the law until the case is resolved.

The government contends that the Arizona law violates the supremacy clause of the Constitution, a legal theory that says federal laws override state laws. It is already illegal under federal law to be in the country illegally, although the punishment and enforcement tactics of the Arizona are much more severe.

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.

Prior to seeing the lawsuit or receiving any official notification, Gov. Jan Brewer's spokesman called the reported decision to sue "a terribly bad decision."

"Arizona obviously has a terrible border security crisis that needs to be addressed, so Gov. Brewer has repeatedly said she would have preferred the resources and attention of the federal government would be focused on that crisis rather than this," spokesman Paul Senseman said.

Three of the five Democrats in Arizona's congressional delegation, who are facing tough re-election battles, had also urged Obama not to try to block the law from going into effect.

"This lawsuit is a sideshow, distracting us from the real task at hand," Democratic Rep. Ann Kirkpatrick said in a statement Tuesday. "A court battle between the federal government and Arizona will not move us closer to securing the border or fixing America's broken immigration system."

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.

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.

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.

Arizona State University constitutional law professor Paul Bender said the federal government's involvement throws a lot of weight behind the argument that federal law pre-empts Arizona's measure.

"It's important to have the federal government's view of whether state law is inconsistent with federal law, and they're the best people to say that," Bender said.

Kris Kobach, the University of Missouri-Kansas City law professor who helped draft the Arizona law, said he's not surprised by the Justice Department's challenge but called it "unprecedented and unnecessary."

He noted that the law already is being challenged by the American Civil Liberties Union and other groups opposed to the new statute.

"The issue was already teed up in the courts. There's no reason for the Justice Department to get involved. The Justice Department doesn't add anything by bringing their own lawsuit," Kobach said in an interview.
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Old 07-06-2010, 11:44 AM   #2
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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.
This section is interesting since crime in Arizona is at it's lowest and the amount of deportation of "illegal immigrants" is at it's highest. What ever happened to non-partisan reporting?
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Old 07-06-2010, 11:47 AM   #3
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This section is interesting since crime in Arizona is at it's lowest and the amount of deportation of "illegal immigrants" is at it's highest. What ever happened to non-partisan reporting?
Mainstream media has been partial for years now. This is why I read a lot of non-mainstream media to balance things out.

Gov. Brewer was quoted as saying that "illegal immigrants" have been decapitating American Citizens in AZ so this law is really needed.

I swear, makes me wonder who in their right mind doesn't see the racism behind this.
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Old 07-06-2010, 12:13 PM   #4
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Originally Posted by UofMfan View Post
Mainstream media has been partial for years now. This is why I read a lot of non-mainstream media to balance things out.

Gov. Brewer was quoted as saying that "illegal immigrants" have been decapitating American Citizens in AZ so this law is really needed.

I swear, makes me wonder who in their right mind doesn't see the racism behind this.
It's because of their "right mind" that they don't see it.
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Old 07-06-2010, 12:20 PM   #5
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It's because of their "right mind" that they don't see it.
Hahaha probably!
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Old 07-07-2010, 06:36 PM   #6
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*GASP* Someone got it! http://www.politifact.com/truth-o-me...-down-arizona/

I do like Politifact as they check everyone, regardless of party and will slam those who don't get it.

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During the roundtable discussion on This Week, Hunt told host Jake Tapper: "I must say, John McCain, in his interview with you, Jake, that was extraordinary to say that crime is up there. He's talking about Mexico. Crime is down in Arizona. Every single academic study that's been done shows that immigrants commit fewer crimes."
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Old 07-07-2010, 08:05 PM   #7
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Default Boycott news....


options Posted on Wed, Jul. 7, 2010


Arizona gov. cancels border meeting after boycott
MICHELLE PRICE

The Associated Press

PHOENIX - Gov. Jan Brewer has called off a September border conference in Phoenix due to Mexican governors' objections to Arizona's tough new immigration enforcement law, though some officials are discussing holding the annual gathering elsewhere.

It was Arizona's turn to host the 28th annual U.S.-Mexico Border Governors Conference for four U.S. governors and six from Mexico. But Brewer said Wednesday the meeting was canceled because the Mexican governors planned to boycott it.

Brewer said she was disappointed about the boycott and hoped the governors of New Mexico, Texas and California would support her decision.

"The people of Arizona and the people of America support what Arizona has done," Brewer said. "For them to basically not attend here because of that, I think is unfair."

However, the governors of New Mexico and California are trying to go ahead with the conference in another state, with or without Arizona's participation, spokesmen said.

In a June letter, governors from the Mexican states of Baja California, Coahuila, Sonora, Chihuahua, Nuevo Leon and Tamaulipas said Arizona's new immigration law violates civil rights and has provisions based on ethnic and cultural prejudices. They suggested relocating the conference to a different U.S. border state.

The New York Times reported the cancellation of the Arizona conference Wednesday.

The Arizona law takes effect July 29 unless blocked by a court. It requires police officers, while enforcing other laws, to check a person's immigration status if there's a "reasonable suspicion" the person is here illegally. The law does not define reasonable suspicion, but police training materials say triggers for such checks can include speaking poor English, traveling in a crowded vehicle and hanging out in an area where illegal immigrants typically congregate.

Brewer, who denies that the law promotes racial profiling by law enforcement, said the conference would have been a good opportunity to discuss the Mexican governors' concerns.

"I just think it's a shame that they have responded this way," she said.

New Mexico Gov. Bill Richardson thinks Brewer lacks the authority to cancel the conference and was surprised by her decision, said spokesman Gilbert Gallegos.

Richardson, a Democrat, still wants to hold the conference and is looking for another location, Gallegos said.

New Mexico could host the conference but that could be expensive, so ways to reduce costs are being considered, he said.

California Gov. Arnold Schwarzenegger, a Republican, thinks the meeting is a valuable time to work on border issues and also wants to go ahead with it, said spokesman Francisco Castillo.

"He is proud of the success they have accomplished over the years to tackle their shared challenges, and he looks forward to continuing the dialogue this year at an alternative site," Castillo said.

Schwarzenegger has not offered to hold the event in his state, and Castillo said he doesn't know yet if the governor will offer to host it. California was host to the meeting in 2008.

Texas Gov. Rick Perry, a Republican, would welcome meeting with any border governors to discuss common concerns but thinks staging a September conference at this point is "probably not feasible, regardless of where that would be held," spokeswoman Katherine Cesinger said. "That does take quite a bit of planning."

Brewer said she isn't ruling out attending the conference in another location, but her attendance would depend on when the meeting is held.

,,,

Associated Press writer Paul Davenport contributed to this report.

http://www.philly.com/philly/wires/a...erboycott.html


Read more: http://www.philly.com/philly/wires/a...#ixzz0t3JIr6Sx
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