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.

[Domandred]

I can think of numerous Federal Laws, that fall under Federal jurisdiction, that are enforced by local police departments.

[redgolum]

Interesting tactic. To say that it impedes on federal law, which the fedgov refuses to enforce.

[FlingWingFlyer]

The proper response to this is for each state to sue the U.S. Government for not doing its job and demanding that the U.S. Gov’t pays back EVERY PENNY the states have to spend on these DemocRAT voters.

[Blood of Tyrants]

They don’t need no steenking Constitution. </disgust>

[redgolum]

You know what is funny? Many states have more strict environmental laws than the EPA mandates. If this works, would a company be able to file a similar suit against the state law?

[Travis McGee]

In general I agree with that. We are not a tyranny dictated to by whatever 5 judges happen to feel on a given day. In fact, the Constitution gives the power to CONGRESS to tell the supremes to go to hell.

The Founder's masterpiece was written in plain English to be understood by ordinary citizens. It was not written in arcane legalese, so that it would need be interpreted by oracles.

[Psycho_Bunny]

Treason

[RedMDer]

One more embarrassment for the 0bama administration. A state impeding federal law for upholding Federal law. What a joke they are. FAIL!

[Travis McGee]

See 46.

[spodefly]

One more nail in the coffin of the cancerous Federal Leviathan.

[marajade]

Well it’ll be interesting. Their argument is definitely not in support of states rights.

[Travis McGee]

I’m no lawyer, but that seems reasonable.

[Blood of Tyrants]

But you forget that we have had several rulings BASED ON FOREIGN LAW.

[devane617]

They do not want to challenge the AZ law any more than we want them to. I believe most on the Left love what AZ did, but will use the opportunity to heap dung on the Conservatives while secretly smiling.

[silentreignofheroes]

Without State Gov.,there is no Federal Gov. . It isn’t the other way around.

[Blood of Tyrants]

Today’s 1200 NG troops was a token to attempt to make people believe that Obastard is doing something. Unless the NG troops are allowed to patrol and repel illegal aliens, everything he does is just window dressing.

[NoLibZone]

"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?"

Imagine County Sheriffs no longer able to enforce IRS law!

[redgolum]

Where are the Guard troops coming from? I mean, what state?

[rcrngroup]

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

It's long overdue. Socialists will never retreat on their own or repeal any socialists programs. Only Am Rev II or CW II will have any effect to restore our country.

[savedbygrace]

If the Constitution delegates to the federal government the power to control immigration, then the federal immigration law delegates some power to detain illegal immigrants to the States. It’s in the federal law.

Holder loses this case.