Skip to main content

In a much anticipated move, the Department of Justice has filed a lawsuit against Arizona’s SB1070 today, retaliating against the harsh anti-immigrant law that requires local police to detain suspected of being undocumented. The law, slated to begin on July 29th, is the subject of national controversy coming under fire from civil rights advocates for giving racial profiling the green light.

From the Restore Fairness blog.

In a much anticipated move, the Department of Justice has filed a lawsuit against Arizona’s SB1070 today, retaliating against the harsh anti-immigrant law that requires local police to detain suspected of being undocumented. The law, slated to begin on July 29th, is the subject of national controversy coming under fire from civil rights advocates for giving racial profiling the green light.

The Department of Justice accuses the state of Arizona of crossing "the constitutional line" by interfering with the federal government’s authority to create and enforce immigration law. The lawsuit, with Arizona Gov. Jan Brewer and the state of Arizona as defendants, argues that "the Constitution and federal law do not permit the development of a patchwork of state and local immigration policies throughout the country", drawing on the "preemption" doctrinewhich works off the Supremacy Clause in the U.S. Constitution, a clause that gives federal law precedence over state statues.

   

In our constitutional system, the federal government has preeminent authority to regulate immigration matters. This authority derives from the United States Constitution and numerous acts of Congress. The nation’s immigration laws reflect a careful and considered balance of national law enforcement, foreign relations, and humanitarian interests... Although states may exercise their police power in a manner that has an incidental or indirect effect on aliens, a state may not establish its own immigration policy or enforce state laws in a manner that interferes with the federal immigration laws...Accordingly, S.B. 1070 is invalid under the Supremacy Clause of the United States Constitution and must be struck down.

The lawsuit also challenges the anti-immigrant law saying that if enforced it will lead to the diversion of precious resources away from targeting those who have committed serious crimes. U.S. Attorney General Eric Holder defended the lawsuit-

   

Arizonans are understandably frustrated with illegal immigration, and the federal government has a responsibility to comprehensively address those concerns...But diverting federal resources away from dangerous aliens such as terrorism suspects and aliens with criminal records will impact the entire country’s safety... Seeking to address the issue through a patchwork of state laws will only create more problems than it solves.

The brief also calls out the law on humanitarian groundsarguing that making the enforcement of law mandatory for the police will inevitably result in the unjust harassment and detention of foreign visitors, legal permanent citizens, and citizens who might not be able to immediately prove their legal status. Accompanying the lawsuit were declarations from many police chiefs, including from Tucson and Phoenix, who have said that if implemented, SB 1070 will hamper their ability to effectively police their communities.

Late last month Secretary of State Hillary Clinton announcedthat the Department of Justice was preparing to sue the state of Arizona over SB 1070, sending waves through the media and political networks. President Obama has spoken out against the law.

   

...the recent efforts in Arizona, which threatened to undermine basic notions of fairness that we cherish as Americans, as well as the trust between police and their communities that is so crucial to keeping us safe.

The federal lawsuit joins five other lawsuits against SB 1070, including a class action suit field by the American Civil Liberties Union on the grounds that it violates the First Amendment, encourages racial profiling, and interferes with the jurisdiction of the federal government. The government has asked for a preliminary injunction and delay in the enforcement of SB 1070 until the case is resolved. A hearing to decide this will take place on July 22nd in a Federal courthouse in Phoenix.

SB 1070 is a shocking example of what goes wrong when the need for comprehensive immigration reform is not addressed. When we allow our government to deny due process and fairness to some, we put all of our human rights at risk. The Arizona law has already resulted in copycat legislationin other states, which if allowed to continue unchecked will add more chaos to a broken system and further marginalize vulnerable groups.

By filing this lawsuit, the federal government has sent a direct message that they will not tolerate laws like SB1070 that instigate racial stereotyping and interfere with the federal enforcement of immigration law. In an address on immigration last week, President Obama called for bipartisan support to fix the broken immigration system.  Please keep up the momentum and write to President Obama and your Members of Congress to take action on immigration now.

Learn. Share. Act. Go to restorefairness.org

Originally posted to Lets Breakthrough on Tue Jul 06, 2010 at 03:22 PM PDT.

Poll

Do you support the Department of Justice's lawsuit against SB1070?

72%55 votes
22%17 votes
5%4 votes

| 76 votes | Vote | Results

EMAIL TO A FRIEND X
Your Email has been sent.
You must add at least one tag to this diary before publishing it.

Add keywords that describe this diary. Separate multiple keywords with commas.
Tagging tips - Search For Tags - Browse For Tags

?

More Tagging tips:

A tag is a way to search for this diary. If someone is searching for "Barack Obama," is this a diary they'd be trying to find?

Use a person's full name, without any title. Senator Obama may become President Obama, and Michelle Obama might run for office.

If your diary covers an election or elected official, use election tags, which are generally the state abbreviation followed by the office. CA-01 is the first district House seat. CA-Sen covers both senate races. NY-GOV covers the New York governor's race.

Tags do not compound: that is, "education reform" is a completely different tag from "education". A tag like "reform" alone is probably not meaningful.

Consider if one or more of these tags fits your diary: Civil Rights, Community, Congress, Culture, Economy, Education, Elections, Energy, Environment, Health Care, International, Labor, Law, Media, Meta, National Security, Science, Transportation, or White House. If your diary is specific to a state, consider adding the state (California, Texas, etc). Keep in mind, though, that there are many wonderful and important diaries that don't fit in any of these tags. Don't worry if yours doesn't.

You can add a private note to this diary when hotlisting it:
Are you sure you want to remove this diary from your hotlist?
Are you sure you want to remove your recommendation? You can only recommend a diary once, so you will not be able to re-recommend it afterwards.
Rescue this diary, and add a note:
Are you sure you want to remove this diary from Rescue?
Choose where to republish this diary. The diary will be added to the queue for that group. Publish it from the queue to make it appear.

You must be a member of a group to use this feature.

Add a quick update to your diary without changing the diary itself:
Are you sure you want to remove this diary?
(The diary will be removed from the site and returned to your drafts for further editing.)
(The diary will be removed.)
Are you sure you want to save these changes to the published diary?

Comment Preferences

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site