News Update - July 8, 2010
By Alan Lee, Esq.†‡
Department of Justice Challenges Arizona’s Immigration Policy in Federal Court
The U.S. Department of Justice filed suit on July 6, 2010 in the District Court of Arizona challenging the constitutionality of S.B. 1070, the strictest and broadest anti-immigration measure in decades covering a range of topics including aggressive use of local law enforcement for immigration-related stops for which spurious reasons may be employed to harass and stop anybody who does not look Caucasian. A request for a preliminary injunction to enjoin its enforcement was made. The brief, submitted on behalf of the Departments of Justice, Homeland Security and State, underlines the irreparable harm an independent state immigration policy which exceeds constitutional boundaries will cause, stating that Arizona’s immigration law unconstitutionally interferes with the federal government’s authority to set and enforce immigration policy and that its enactment is inconsistent with federal immigration law.
It further said that S.B. 1070 places significant burdens on federal agencies because its enforcement invariably diverts resources away from high-priority targets such as aliens implicated in terrorism, drug smuggling, gang activity, etc. and can result in the wrongful detention of foreign visitors, legal immigrants, and U.S. citizens. DHS Secretary Janet Napolitano noted that although an Arizona-specific immigration policy is unconstitutional, the U.S. government will continue to enhance border security and expel criminal aliens.
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