DOJ Lawyers Draft Challenge to AZ Law

Foxnews ^ | 5/25/2010 | Mike Levine

[Blood of Tyrants]

A team of Justice Department attorneys reviewing the new immigration law in Arizona has recommended that the U.S. government challenge the state law in federal court, but the recommendation faces an uncertain future and tough scrutiny from others in the Justice Department, sources with knowledge of the process tell Fox News.

Staff attorneys within the Justice Department recently sent higher-ups the recommendation. At the same time, the Justice Department's Civil Division, which oversees the majority of immigration enforcement issues for the department, has drafted a "civil complaint" that would be filed in federal court in Arizona, sources said.

The draft complaint challenges the Arizona law as unconstitutional, saying it is illegal because it impedes federal law, according to the sources, who would not offer any more details about the draft complaint or the arguments made in it.

Two weeks ago, Attorney General Eric Holder told lawmakers such an issue was being considered by Justice Department lawyers reviewing the new law, which outlines and possibly broadens the authority of police to detain those suspected of being in the country illegally.

[w1andsodidwe]

They are making one big a$$ mistake...they need to let it go before they spark a Civil War.

I agree. There is just nothing to hang their hat on, but they blew it out of proportion and now must live with it.

[chooseascreennamepat]

“Obastard is dying to destroy this nation. “

He is nearly done.

[Blood of Tyrants]

You are correct. They are attacking because they have to make AZ look wrong in enforcing the immigration laws to try to get support in Congress for shamnesty and 15 million instant Rat voters.

[chooseascreennamepat]

“Is it November yet?”

I can see November from my house!

Thanks Barry Young!

[MindBender26]

Oh Sweet Baby Jesus, how I do hope they sue!

Guarantees us another 3-5% in November.

[itssme]

Yes. WE HAVE BEEN BETRAYED BY OUR COUNTRY. There is no looking back. We understand fully what we are dealing with.

[Mariner]

""We are examining the [Arizona] law and trying to determine if it contravenes the federal responsibility [toward] immigration, whether or not what the Arizona legislature has tried to do is actually preempted by federal law, by federal statutes." he told the House Judiciary Committee on May 13. "The regulation of our borders and the immigration that occurs by crossing our borders is something that is inherently something I believe for the national government to take responsibility for."

So, their ONLY gripe about this law is that it does the job the feds won't do?

And, this in an election year where 70% of the voters support the AZ law?

This goes NO WHERE.

[HiJinx]

Ping!

Of course they’re going to challenge our law - we can’t upset the status quo, now can we?

[VOA]

bump

[Cheerio]

Is it November yet?

We are not going to make it to Nov without taking action that is not going to end pleasantly. EVEN when the GOP takes back Congress, none of this America destroying laws can be undone since zer0 will never sign anything a GOP Congress sends to him, AND it will be doubtful the GOP will have the gonads to shut down the Government by refusing to appropriate funds for his MARXISTS policies that will already be in place prior to Jan 1, 2011.

[kcvl]

I wonder if they bothered to read the law before they drafted a challenge to it?! /s

[Cheerio]

And where exactly in the Constitution does it say that only federal agents can enforce federal laws, and states cannont duplicate the same laws and enforce them also?

I don't know about the state you live in, but here in AZ the local cops go after federal crimes - e.g. Federally charted banks when robbed. Local cops go after Federal drug crimes when perpetrated here in AZ

[Cheerio]

They are making one big a$$ mistake...they need to let it go before they spark a Civil War. I agree. There is just nothing to hang their hat on, but they blew it out of proportion and now must live with it.

He wants a civil war and then he seizes the ultimate power. Martial law will be enacted and no election in Nov.

[Natural Born 54]

Explanation (wiki):

Samuel Pearson "Terry" Goddard, III (born January 29, 1947) is the current Attorney General of Arizona, elected in 2002, who also served as Mayor of Phoenix, Arizona from 1983 to 1990. He is a candidate for Arizona Governor in 2010.

(snip)

In 1990, Goddard sought and won the Arizona Democratic Party's nomination for Governor of Arizona, but was defeated in a runoff by Fife Symington, who, after winning a second term, resigned in 1997 amid charges of bank fraud. He again sought the Democratic nomination for Governor in 1994, losing the primary to Eddie Basha, Jr.

[Marauder]

Is this country TRYING to top Mexico and Venezuela in terms of corruption?

[Always Independent]

They are reaching. And we know BO ordered this.

[Hostage]

True but the State will have a field day showing how the federal govt has abandoned its charter to the extent of intentional dereliction.

IOW the feds have relinquished their enforcement role.

And if the feds prevail, AZ and other states can ask the court to order the feds to enforce its laws, else they can file a motion to reconsider.

I think AZ wins this go-round.

[antceecee]

If they are correct, then anyone who shoots an intruder or harms any criminal entering their home unlawfully should be prosecuted because the only ones allowed to enforce laws and protect you are those employed by local, state and federal agencies to do so. If you are attacked... shut up and take it.

[Redcloak]

Any chance they’ve read it?

[ArcadeQuarters]

The AZ law explicitly defers to federal law at every step of the way.