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THE PROGRESSIVE REVIEW - July 8, 2010
Justice Department to File Suit Against Arizona Law
by: Yana Kunichoff
truthout|Report
The Justice Department will file suit against Arizona
on the basis that the state's recent anti-immigrant
legislation intrudes on the role of the federal
government in immigration enforcement, according to
anonymous sources contacted by the Washington Post.
The lawsuit, which could be filed as early as Tuesday,
will invoke the legal doctrine of "preemption," which is
grounded in the Constitution's supremacy clause and says
that federal law overrides state statutes.
By ordering police to question anyone they suspect of
being an undocumented immigrant, the Arizona law puts
police in charge of enforcement usually carried out by
federal agents. Since it was signed into law in April
by Gov. Jan Brewer, the bill has drawn condemnation
from President Obama, Attorney General Eric H. Holder
Jr. and numerous civil rights and immigrant rights
groups. It has also prompted at least five other
lawsuits directed at the state of Arizona.
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Secretary of State Hillary Clinton first revealed the
Obama administration's plan to sue Arizona during an
interview on Ecuadorian TV.
According to anonymous sources quoted by the Washington
Post, department lawyers have been preparing their case.
The filing is expected to include declarations from
other U.S. agencies noting that the Arizona law and the
significant number of undocumented immigrants it is
expected to detain would place a significant burden on
their ability to enforce immigration laws nationwide.
Linda Brown, executive director of the progressive Arizona
Advocacy Network, said she was very happy to hear about
the decision of the Justice Department. "The courts need
to weigh in on this issue," said Brown. "Do we truly have
a federal government that makes federal laws, or do we
not? And that is the key question in this case."
Brown said she hoped the notion that "states can choose
to act in whatever ways they wish to and redefine what it
means to be the United States of America" would be over-
turned.
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The preemption doctrine has a basis in earlier Supreme
Court decisions and legal experts expect the federal
argument to persuade a judge that the law is
unconstitutional.
Peter Schey, executive director of the California-based
Center for Human Rights and Constitutional Law, said "that
from the standpoint of promoting and protecting human
rights, the Obama administrations participation in the
litigation is a welcome move." However, Schey noted,
while the participation of the federal government may make
it more likely for the court to find that the law is
preemptive, it is not a silver bullet.
Both Schey and Brown said there were other things the
Obama administration could do if it wanted to nullify the
effects of SB1070 or institutionalized racial profiling.
For example, the administration could refuse to process
undocumented immigrants picked up in Arizona who had not
committed a minor crime. Schey also said Congress could
easily pass a law attached to a budget bill, which could
not be filibustered, saying it was preempted by federal
law, which "would end the matter."
Arizona's law is scheduled to take effect on July 29th.
Activists around the country have called for a National
Day of Non-Compliance ion the 29th in protest.
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