Source | Court Report
The Justice Department filed a lawsuit on Tuesday against Arizona to challenge a new point out law created to combat illegal immigration, arguing it would undermine the federal government’s pursuit of terrorists, gang members along with other criminal immigrants.
The fit, filed in federal court in Phoenix, had been expected since mid-June, when Obama administration officials very first disclosed they would contest Arizona directly, adding to a number of other suits seeking to strike down the law.
The federal government added its weight to the core argument in those suits, which contend that the Arizona law usurps powers to control immigration reserved for federal authorities. The primary 1 of those suits was brought by the American Civil Liberties Union, the Mexican American Legal Defense and Educational Fund along with other civil rights groups.
“Arizonans are understandably frustrated with illegal immigration,” Attorney General Eric H. Holder Jr. mentioned. “But diverting federal resources away from dangerous aliens for example terrorism suspects and aliens with criminal records will impact the entire country’s safety.”
The Justice Department fit is also aimed at stemming a tide of laws like the Arizona statute under consideration in other states. “The Constitution and also the federal immigration laws don't permit the development of the patchwork of point out and local immigration policies throughout the country,” the fit says.
Justice officials are “sending an unmistakable cannon shot across the bow of any other point out that may be tempted to follow Arizona’s misguided approach,” mentioned Lucas Guttentag, director from the immigrants’ rights project for the A.C.L.U., and an author of that group’s fit.
The Justice Department asked for a court injunction to prevent the Arizona law from taking effect as currently scheduled on July 29. Hearings within the other cases are scheduled for July 15 and 22. The law, signed by Gov. Jan Brewer on April 23, makes it a crime to be an illegal immigrant within the point out and requires law enforcement officers to determine the immigration status of individuals they stop based on a “reasonable suspicion” they may be illegal immigrants.
White House officials mentioned President Obama was not involved within the Justice Department’s choice to sue. But the fit came after recent steps by the president to frame the immigration debate to favor Democrats in advance of mid-term elections in November, including a speech Thursday where he restated his commitment to overhaul legislation that would give legal status to millions of illegal immigrants. He gave no timetable for that debate.
The fit deepened the controversy over the Arizona law. Representative Darrell Issa, a Republican from California, mentioned the president was wasting resources that ought to be spent controlling the southwest border.
“For President Obama to stand within the way of the point out which has taken action to stand up for its citizens against the daily threat of violence and fear is disgraceful along with a betrayal of his Constitutional obligation to protect our citizens,” mentioned Mr. Issa, 1 of 19 Republicans signing a letter criticizing the fit.
Kris Kobach, a lawyer and consultant to Governor Brewer who is really a co-author from the Arizona statute, mentioned it was tailored to complement federal law. The Justice Department’s fit is “unnecessary,” he mentioned, and “the suspicion is this is much more about politics than law.”
In a background call with reporters, a senior department official mentioned the choice to file the lawsuit — and to do so on pre-emption grounds, rather than other civil rights issues like racial profiling — followed extensive deliberations with the Civil Rights Division and others inside the department, along with a trip to Arizona to meet with point out officials.
Ought to the department fail to convince the courts to block Arizona from enforcing the law, the official mentioned, it would closely watch for signs that individuals of Hispanic appearance were being targeted.
Charles Savage contributed reporting from Washington.
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