Department of Justice Sues Arizona Over Immigration Law

As expected, the Department of Justice filed suit today challenging Arizona’s immigration law on the grounds that the law is preempted by federal law. The preemption doctrine is based on the Constitution’s supremacy clause which states that federal law trumps state law on certain matters. The Justice Department under both Republican and Democratic administrations has maintained that enforcing immigration laws is a federal responsibility. The suit seeks a preliminary injunction to prohibit the legislation from taking effect later this month.

In addition to challenging the constitutionality of SB 1070 on the basis of preemption, the Department of Justice lawsuit also contains a civil rights component and argues that the law would lead to law enforcement harassing U.S. citizens and lawful immigrants in efforts to hunt down undocumented workers. The Arizona law gives police the ability to question anyone they have a “reasonable suspicion” is undocumented.

The Department of Justice lawsuit is only one of four other federal suits challenging the bill, but will undoubtedly raise the political stakes for the administration. The suit coincides with an renewed focus by the Obama administration on immigration reform and an announcement that the administration will send an additional 1200 troops to the Arizona border in an effort to help local law enforcement with problems along the border.

photo courtesy of jim.greenhill via Flickr

377 comments

LMj Sunshine

Thank you.

LMj Sunshine

Thank you.

LMj Sunshine

Thank you.

kathleen u.
kathleen s.5 years ago

OBAMA JUST DECLARE AMNESTY!!!!!!

Candy Hernandez
Candy Hernandez5 years ago

@Sharon S: I couldn't agree with you more!
You've made a great point. It is very sad hearing about parents who have to leave their children
@Julie C: Could you be anymore racist?!? You're very oblivious & obviously not very educated.
& @ Gonzalo V: You are sort of right. & I'm pretty sure that Hispanics will pass the amount of Whites & pretty soon also.

Sharon S.
Sharon S.5 years ago

THIS SHOULD BE A STATE ISSUE NOT A GOVERNMENT ISSUE. EACH STATE SHOULD BE ABLE TO GOVERN THEIR OWN LAWS AND SEE THEM OUT. OTHER STATES SHOULD ALSO STAY OUT OF ARIZONA'S BUSINESS, UNLESS THEY WANT OUR BUSINESS UP THEIRS. ILLEGAL IS ILLEGAL. ALSO, NO ONE SHOULD BE DEPORTED IF THEY HAVE KIDS WHO WERE BORN IN ARIZONA. THEY SHOULD BE "GRANDFATHERED IN" AS CITIZENS. WHAT IS SO BAD ABOUT THAT? THEY HAVE BEEN SUPPORTING THE STATE FOR DECADES, LET THEM CONTINUE TO DO SO. BEING CRAPPY TO PEOPLE IS NO EXCUSE TO TOSS THEM OUT. BUT RULES NEED TO APPLY AND PAPERS NEED TO BE CARRIED. WHY NOT A CARD, NOT A "GREEN" CARD BUT A CITIZEN CARD? SIMILAR TO OUT DRIVERS LICENSE SO IT CANNOT BE FORGED. AND PROFILING IS ILLEGAL SO IF THE POLICE ARE "PROFILING" THEY ARE AS ILLEGAL AS THE ILLEGAL ALIENS THEMSELVES. WRONGS UPON WRONGS. KNOCK IT OFF AND GET THIS MESS ORGANIZED AND DO THE RIGHT THING. BIG GOV'T NEEDS TO MIND IT'S OWN BUSINESS, NOT OURS.

Gonzalo Vergara
Gonzalo Vergara5 years ago

Robert P:

You could not have been part of my unit because your IQ is not high enough

robert p.
robert p.6 years ago

Gonzalo Vergara
SO GLAD I WAS NOT IN YOUR UNIT... YOU ARE A WASTE OF A SOLDIER

Gonzalo Vergara
Gonzalo Vergara6 years ago

ha ha ha.... Love it

JULIE C.
JULIE C.6 years ago

GV:
you may be a majority of something, but your "race" is as mixed as they come w/ the attitudes Hispanics have of "get the little girls knocked-up so we no haf'to take care of 'em anymore1".....however, WE THE PEOPLE OF THE UNITED STATES IN THE SOUTHWEST WOULD RATHER DIE FIGHTING THAN ALLOW YOU WAB'S TO TAKE OVER OUR COUNTRY!!!