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Home > Government & Politics > National Government & Politics > Justice Department to Sue Arizona on Grounds of "Pre-emption"

Justice Department to Sue Arizona on Grounds of "Pre-emption"

Published Jul 6, 2010

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Brewer Signs SB 1070
Jan Brewer signs bill into law. Photo courtesy of AP

The US Justice Department, has announced plans to file a law suit against the state of Arizona over the recent tough immigration law passed in Arizona, SB 1070. The justice department will seek an injunction which will, in essence, delay the Arizona law from going into effect.

 

The lawsuits foundation, well one of three, is based on "preemption", which in constitutional law essentially states that federal law supersedes state law, thus making the state law unconstitutional. Sources in the justice department stated that it was a duty of the federal government to enforce immigration laws, and not a state's responsibility. Lawyers who helped draft the legislation feel confident that preemption alone would not stand in court.

 

This intention comes just weeks after an increase in reported violence in or near the border, by illegal immigrants and drug lords.

 

Whitehouse officials , including Obama, Clinton, and Holden have stated this is a civil rights issue and will lead to harassment of citizens as well as drive a further wedge between communities of illegals and law-enforcement official. If the federal government is to enforce these laws and have a concern over illegal communities it would stand to reason that the federal government is condoning these communities rather than enforcing the law.

 

In an address to the nation on immigration last week, Obama stated in generalities no plan to change anything by the federal government and stated this law was "unenforceable" as well as stating it would "be a disruption to the American economy".

 

This will no doubt fan the growing political blazes between Arizona and the Whitehouse.

 

The law in question, SB 1070, in addition to enforcing the existing federal law, allows law enforcement to check the legal status of anyone, who is already detained by police such as a routine traffic stop, and have "reasonable suspicion" of the status of the individual.

 

The law suit is expected to be filed later today.

Tags: Arizona, Eric Holden, Hillary Clinton, Illegal Immigration, Jan Brewer, Obama, SB 1070

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