LISTEN to Mark Levin dissect the Department of Justice suit against Arizona in the first 15 minutes. Click here and again on 07/06.
JB Williams weighs in:
Accusing Arizona of trying to “second guess” the federal government, the Justice Department on Tuesday filed a lawsuit challenging the state’s immigration policy — claiming the “invalid” law interferes with federal immigration responsibilities and “must be struck down.”
The Tenth Amendment hinges on this suit. In essence, the Fed is asserting that the states do not have the right to provide for the security of the state or the people of that state, even when state laws are perfectly aligned with federal immigration statutes.
The battle for state sovereignty is set to take place over the Arizona Immigration Law. If Arizona is struck down, no state in the nation is safe or secure.
And now Governor Jan Brewer has a request:
Today, we received official notice of the federal government’s lawsuit against the state of Arizona.
I am sure you will agree with me that the Administration’s lawsuit is an outrageous use of taxpayer money and a sure sign that the President is more interested in politics than securing our southern border.
This lawsuit follows the President’s immigration speech in which he called for comprehensive immigration reform that – not surprisingly – includes a path to citizenship for those who entered our country illegally.
Let me be clear, I will defend the rule of law all the way to the Supreme Court of this land if necessary. I will continue to demand that the Federal government live up to its responsibility to control our Southern border and to protect our homeland. And, I will oppose the President’s amnesty plan.
But I need your immediate help today.
In order to respond to President Obama’s lawsuit I have set up a legal defense fund to pay the legal fees that Arizona has been forced to incur as a result of all of these lawsuits.
I urge all Americans who want a secure border to contribute to this fund immediately.
This is not just an Arizona issue, this is an American issue. Are we or are we not going to enforce the rule of law in America? The burden alone should not be shouldered by Arizonans. Arizona needs you to answer the call today, right now.
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Newsmax Experts: ‘Ridiculous’ Lawsuit Won’t Nix Arizona Law on Illegals
Tuesday, 06 Jul 2010 08:05 PM
By: David A. Patten
Top Republicans blasted the Obama administration’s lawsuit against Arizona’s controversial illegal immigration law Tuesday as “nothing short of ridiculous.”
Immigration law experts tell Newsmax that the administration has little chance of prevailing against the Arizona statute, which empowers police to arrest illegal aliens once another violation has occurred.
Steven A. Camarota, research director for the Center for Immigration Studies, tells Newsmax that he shares the skepticism that administration will win its lawsuit against the Arizona law.
“In talking with one of the attorneys that helped write [the Arizona law], it’s not that likely that the pre-emption arguments or supremacy arguments are going to hold sway,” Camarota tells Newsmax. “Because the courts have already ruled that local authorities have the right to enforce federal immigration law even without this [Arizona] law.
“So it’s kind of hard to argue that when you create a law that just simply mirrors the federal law that now you’ve done something that’s illegal. There’s already precedent saying local authorities can enforce federal immigration law.”
Law professor Kris W. Kobach, who has litigated several high-profile immigration lawsuits, told Fox News that it will be hard to convince the courts the states should be barred from participating in the enforcement of federal immigration laws, given that Congress established a Law Enforcement Support Center to help law officers determine whether detainees are illegal.
The center’s website states the purpose of the system is to provide “identity information to local, state and federal law enforcement agencies on aliens suspected, arrested, or convicted of criminal activity.”
“What Arizona does is it standardizes the practice, and says, ‘OK, all law enforcement officers shall do this, shall utilize this system, and here’s when you should do it,’” Kobach told Fox News. “So for the federal government now to come out and say, ‘Well, we don’t want the state and local help’ is a little bit two-faced because Congress created this law enforcement support center. The statutes of the federal government clearly contemplate this help.”
Camarota suggests that the president’s real objective may be political anyway.
http://www.newsmax.com/Headline/arizona-lawsuit-illegals-obama/2010/07/06/id/363929