Skip to comments.(Unbelievable) Obama Administration to File Suit Against Arizona Immigration Law
Posted on 06/18/2010 12:58:35 PM PDT by Kaslin
The Obama administration will file suit to challenge Arizona's immigration law, an official told Fox News on Friday.
The confirmation comes after Secretary of State Hillary Clinton said in an interview with a TV station in Ecuador earlier this month that the administration would challenge the law in court, though officials had long said the issue was under review.
Administration officials initially would not confirm Clinton's statement. But an official told Fox News on Friday that while the review is still underway, the decision has already been made that a Department of Justice suit will be filed. The administration at this point is just building its case.
(Excerpt) Read more at foxnews.com ...
The Obama administration will file suit to challenge Arizona’s immigration law, an official told Fox News on Friday.
Everyone else in the world has known this since Wednesday.
All the defense has to do is bring in evidence the federal law it mirrors.
Pandemonium and gnashing of teeth all across DC would ensue.
We need to impeach Obama, try him for treason and ship his sorry ass to Gitmo to rot with his muslim buddies.
Very believable. The Obama template is to do it if it’s bad for America.
They hust want to distract from the Deepwater Obama mess.
It would be funny if the court say that the administration did not have “standing” to sue on this issue.
say = says. Typing too fast, reading too slow.
Know what - let ‘em sue. It’ll be just one case of Obama “ruling” contrary to public opinion and one more thing to distract from his other agenda. And in the end, hopefully the AZ law will be upheld and it will be yet another public humiliation for The One.
Obama to spend more taxpayer money without Legislative branch oversight.
I can’t wait until he is gone, the pimp daddy long legged dipshit.
No honest judge would find anything wrong with the law. Getting this before one will be the trick.
file a counter suit against the fedgov for not enforcing the border and keeping killers out of the country.
while you’re at it... push thru the requirement that in order to be on the ballet for president, candidates must supply eligibility documentation
Best post all day.
Well, only if the evil plan is to have the Federal Law and the State Law declared unconstituional?? Wouldn't that work will for the Democrats...
must’ve finally found “the judge” they want it in front of....
Obama’s continuing War on America.
Even though it mirrors federal law,
the _federal_ court could rule that this law is the discretion of the federal, not state, government to enforce.
Which way do you think a _federal_ court will rule when the issue is the feds vs a state?
Choice B: Notify Governor Brewer and announce the lawsuit properly, or
Choice C: Send out a lying weasel anonymous source to leak the news, so it can be denied later if it blows up in your face.
Color me shocked (...SHOCKED!!!), they plumped for Choice C. Whodathunkit?
I think the really interesting part to this story is Hillary’s revelation on Ecuadorian tv. She’s made her goofs as Sec-State, but I don’t think she’d let something this big “slip” inadvertantly.
Could we be seeing the opening shots in the Hillary 2012 campaign?
none of those in the fed would be effected by the law, therefore... they have no standing to bring a suit.
works for me.
Barry hears the chill winds of
by Thomas Hood
No sun—no moon!
No morn—no noon!
No dawn—no dusk—no proper time of day—
No sky—no earthly view—
No distance looking blue—
No road—no street—
No “t’other side the way”—
No end to any Row—
No indications where the Crescents go—
No top to any steeple—
No recognitions of familiar people—
No courtesies for showing ‘em—
No knowing ‘em!
No mail—no post—
No news from any foreign coast—
No park—no ring—no afternoon gentility—
No company—no nobility—
No warmth, no cheerfulness, no healthful ease,
No comfortable feel in any member—
No shade, no shine, no butterflies, no bees,
No fruits, no flowers, no leaves, no birds,
Obama is appointing the Mali ref who screwed the US out of a World Cup winning goal.
And the Feds will likely get the of the stick because.
Make it illegal in the State of Arizona for an alien to not register with the government, thus being an “illegal alien” (already the case at the federal level: 8 USC 1306a; USC 1304e)
Allow police to detain people where there is a “reasonable suspicion” that they’re illegal aliens (see the recent court case Estrada v. Rhode Island for an idea of what “reasonable suspicion” might entail)
Prohibits sanctuary cities (already prohibited at the federal level, 8 USC 1373) and allows citizens to sue any such jurisdiction
Reality vs. Myth: SB1070
Myth No. 1: The law requires aliens to carry identification that they weren’t already required to carry.
Reality: It has been a federal crime (8 United States Code Section 1304(a) or 1306(e)) since 1940 for aliens to fail to carry their registration documents. The Arizona law reaffirms the federal law. Anyone who has traveled abroad knows that other nations have similar requirements. The majority requests for documentation will take place during the course of other police business such as traffic stops. Because Arizona allows only lawful residents to obtain licenses, an officer must presume that someone who produces one is legally in the country. (See News Hour clip 3:45 seconds in)
Myth No. 2: The law will encourage racial profiling.
Reality: The Arizona law reduces the chances of racial profiling by requiring officers to contact the federal government when they suspect a person is an illegal alien as opposed to letting them make arrests on their own assessment as federal law currently allows. Section 2 was amended (by HB2162) to read that a law enforcement official “may not consider race, color, or national origin” in making any stops or determining an alien’s immigration status (previously, they were prohibited in “solely” considering those factors). In addition, all of the normal Fourth Amendment protections against racial profiling still apply.
Myth No. 3: “Reasonable suspicion” is a meaningless term that will permit police misconduct.
Reality: “Reasonable suspicion” has been defined by the courts for decades (the Fourth Amendment itself proscribes “unreasonable searches and seizures”). One of the most recent cases, Estrada v. Rhode Island, provides an example of the courts refining of “reasonable suspicion:”
A 15 passenger van is pulled over for a traffic violation. The driver of the van had identification but the other passengers did not (some had IDs from a gym membership, a non-driver’s license card from the state, and IDs issued from the Guatemalan Consulate). The passengers said they were on their way to work but they had no work permits. Most could not speak English but upon questioning, admitted that they were in the United States illegally. The officer notified ICE and waited three minutes for instructions.
The SB1070 provision in question reads:
“For any lawful contact made by a law enforcement official or agency of this state . . . where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States, a reasonable attempt shall be made, when practicable, to determine the immigration status of the person.”
Myth No. 4: The law will require Arizona police officers to stop and question people.
Reality: The law only kicks in when a police officer stopped, detained, or arrested someone (HB2162). The most likely contact is during the issuance of a speeding ticket. The law does not require the officer to begin questioning a person about his immigration status or to do anything the officer would not otherwise do.
Only after a stop is made, and subsequently the officer develops reasonable suspicion on his own that an immigration law has been violated, is any obligation imposed. At that point, the officer is required to call ICE to confirm whether the person is an illegal alien.
The Arizona law is actually more restrictive than federal law. In Muehler v. Mena (2005), the Supreme Court ruled that officers did not need reasonable suspicion to justify asking a suspect about their immigration status, stating that the court has held repeatedly that mere police questioning does not constitute a seizure under the Fourth Amendment). Source = http://www.numbersusa.com/dfax?jid=475466&lid=9&rid=123&series=tp06MAY10&tid=999725
Even if he wins in a liberal court and Arizona says kiss my cactus thorns, whats he going to do send the jackboots in, or the mexican army???
If Arizona loses the case - does the Federal Gubmint confiscate its assets and throw Gov. Brewer and the Legislature in jail?
Figures! This POS AG focuses time and money on the Arizona law and totally ignores the blatant acts of bribery in the PA and CO senate races.
King Obama will lose the case, but the problem is that they will issue a restraining order until the court case is settled. Then they will stall for years. My advice to AZ is to ignore the order and go ahead with kicking the illegals out. If this communists King Obama will not let ICE deport them then built a tent city and the hell with the Federal Government. Activate the National Guard is AZs right and on all land near the border, which is probably private, patrol and shoot on site. This damn communists rotten pig King Obama is unbelievable.
I would like to add that Arizona should challenge other states to do the same.
Obama administration, just filing lawsuits that Americans won’t do.
That’s what I’m looking for.
Either one of these firearms freedom acts or the Arizona law gets ruled against by a federal court and the state refuses to accept the jurisdication of the court within the state.
And it will take years and years....so it’s for political purposes..
Elections are coming.
“Mr Obama has no standing, and must prove citizenship to demonstrate grounds for standing”
You got that right
I was wondering if the state of Louisianna can sue the federal government—anyone?
Oh, I know, it’s just an expression I used
The Honorable Tom Harkin
731 Hart Senate Office Building
Phone (202) 224 3254
Dear Senator Harkin,
As a native Iowan and excellent customer of the Internal Revenue Service, I am writing to ask for your assistance. I have contacted the Department of Homeland Security in an effort to determine the process for becoming an illegal alien and they referred me to you.
My primary reason for wishing to change my status from U.S. Citizen to illegal alien stems from the bill which was recently passed by the Senate and for which you voted. If my understanding of this bill’s provisions is accurate, as an illegal alien who has been in the United States for five years, all I need to do to become a citizen is to pay a $2,000 fine and income taxes for three of the last five years. I know a good deal when I see one and I am anxious to get the process started before everyone figures it out. Simply put, those of us who have been here legally have had to pay taxes every year so I’m excited about the prospect of avoiding two years of taxes in return for paying a $2,000 fine. Is there any way that I can apply to be illegal retroactively? This would yield an excellent result for me and my family because we paid heavy taxes in 2004 and 2005.
Additionally, as an illegal alien I could begin using the local emergency room as my primary health care provider. Once I have stopped paying premiums for medical insurance, my accountant figures I could save almost $10,000 a year.
Another benefit in gaining illegal status would be that my daughter would receive preferential treatment relative to her law school applications, as well as “in-state” tuition rates for many colleges throughout the United States for my son. Lastly, I understand that illegal status would relieve me of the burden of renewing my driver’s license and making those burdensome car insurance premiums. This is very important to me given that I still have college age children driving my car.
If you would provide me with an outline of the process to become illegal (retroactively if possible) and copies of the necessary forms, I would be most appreciative. Thank you for your assistance.
Your Loyal Constituent,
There is no way to underestimate this bunch. Their incompetence and stupidity are truly breathtaking. May God preserve us.
ooops-—wrong thread—please ignore, excuse thanks
I wouldn’t show up at court and site the 10th amendment.
Words fail me!
Neither can I
This will certainly help his approval ratings (sarc)...
I feel sorry for bho’s kids. They will grow up and forever be tarnished as children of the man who lied, usurped and destroyed America.
Obama, the Clintons, Carter - may they all decay in hell.
They should handle this just like they do Obama’s birth issue: No standing.