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Obama administration poised to challenge Arizona immigration law
L.A. Times ^ | Saturday June 26, 2010 | Peter Nicholas

Posted on 06/26/2010 12:50:16 PM PDT by Bigtigermike

The White House is expected to file a lawsuit next week.

A White House showdown with the state of Arizona over its tough new immigration law is likely to unfold next week, when the Obama administration is expected to file a lawsuit aimed at blocking the state's bid to curb illegal immigration on its own, according to people familiar with the administration's plans.

Arizona officials are girding for the legal challenge. The state has raised $123,000 in private donations to defend the law, according to Gov. Jan Brewer's office. Money has come in from all 50 states, in donations as little as $1.

Obama administration officials declined to reveal the basis for the suit. But legal experts say the challenge is likely to include the argument that in passing the law, Arizona violated the Constitution by intruding on the federal government's authority to regulate immigration.

(Excerpt) Read more at latimes.com ...


TOPICS: Front Page News; News/Current Events; Politics/Elections; US: Arizona
KEYWORDS: aliens; arizona; illegals; obama
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To: yield 2 the right
I have a bad feeling about this. AZ may give in to Obama and Co. someway/somehow.

Are you kidding? Jan Brewer has been like Churchill.

51 posted on 06/26/2010 2:40:57 PM PDT by Extremely Extreme Extremist (Mexico is the U.S. version of Hamas)
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To: TornadoAlley3

Well, I appreciate his choice of beer. Goose Island got some good stuff.


52 posted on 06/26/2010 2:51:10 PM PDT by Extremely Extreme Extremist (Mexico is the U.S. version of Hamas)
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To: Bigtigermike

Could SCOTUS determine that both the AZ and the Federal immigration laws are unConstitutional? If so, what then?


53 posted on 06/26/2010 3:02:52 PM PDT by APatientMan
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To: Bigtigermike

Note the article doesn’t mention anythign specific that makes Arizona’s law so “tough”. they just parrot the line that it is.


54 posted on 06/26/2010 3:10:20 PM PDT by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: Mark
Or is that 56?

It's 59, actually -- the 57 states Obama claimed to have visited, and the two more he hadn't yet gotten to.

55 posted on 06/26/2010 3:18:08 PM PDT by Maceman
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To: Bigtigermike

http://www.irli.org/links.html

The Quintessential Force Multiplier: The Inherent Authority of Local Police to Make Immigration Arrests, Kris W. Kobach, Albany Law Review, 56 pages (2005).
Download PDF

Page 199 of this PDF (page 21 of the PDF) has a discussion of local law enforcement’s authority to make arrests for violation of federal immigration laws.

Also see the law review article listed just above the one mentioned here.


56 posted on 06/26/2010 3:23:09 PM PDT by AJFavish (www.allanfavish.com)
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Boy, this reeks out loud. It's like suing yourself. They must be REALLY desperate for votes or the income taxes.

Has Obama no sense of shame in his entire body?

57 posted on 06/26/2010 3:27:04 PM PDT by CanaGuy (Go Harper!)
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To: 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 3pools; 3rdcanyon; 4Freedom; 4ourprogeny; 7.62 x 51mm; ..

Ping!


58 posted on 06/26/2010 3:28:27 PM PDT by HiJinx ("Looks like we're a'gonna have to read to 'em from the Good Book, Pa.")
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To: basil

Yep


59 posted on 06/26/2010 3:44:41 PM PDT by RedMDer (Throw them all out in 2010... Forward with Confidence! Forward!)
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To: Bigtigermike

He is the dum Zero Jedi kid... trained orphan of opportunity to exploit in order to be an idiot in power as can be... Make love with them and then war when they cannot assume. Liberals want us to pay for maintaining their peace, their miserable whore marriage... it’s not going to happen... THe “I’m with stupid {f@g}” shirt takes on new heights.

Oh, and watch the wifey of his, she is a monster of her own kind and probably a shot caller of the most extremist kind. She will do the Winnie Mandella dirty job of necklacing opposition.


60 posted on 06/26/2010 3:57:35 PM PDT by JudgemAll (Democrates Fed. job-security Whorocracy & hate:hypocrites must be gay like us or be tested/crucified)
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To: willk

If Arizona is beaten on this how is the Federal law, which is identical, going to be justified? Is it maybe the goal to get the Federal law overturned?


61 posted on 06/26/2010 4:03:09 PM PDT by arthurus ("If you don't believe in shooting abortionists, don't shoot an abortionist." -Ann C.)
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To: Bigtigermike
He obviously doesn’t care what “WE” or the average voter thinks

He is trying mightily to change who "WE" or the average voter is. He would like the average voter to speak some Spanish.

62 posted on 06/26/2010 4:06:13 PM PDT by arthurus ("If you don't believe in shooting abortionists, don't shoot an abortionist." -Ann C.)
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To: willk

So 0’bs lawyers are going to court and say Ariz. is infringing on the Prezs. duty to enforce immigration law, and the Prez. absolutly refuses to enforce immigration law!! Probably 99.999% of the Judges in this country never dreamed they’d see something so effing stupid in their court. (Traitorous too.) Question; If 0’b is convicted of treason over this, do his lawyers have to pound rocks too???


63 posted on 06/26/2010 4:09:02 PM PDT by Waco
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To: Bigtigermike
The title should read...

"Obama administration poised to challenge Arizona immigration law to enable Democratic votes they desperately need."


64 posted on 06/26/2010 4:43:59 PM PDT by Dubya-M-DeesWent2SyriaStupid!
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To: Jim Robinson

Lol. Obama and his minions don’t care about no stink’in law! They are very adept at making their OWN law. Think Chavez...


65 posted on 06/26/2010 4:46:58 PM PDT by khnyny (Worst US environmental disaster EVER - BP Oil Spill in the Gulf - Obama's Fault!!!)
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To: skimask

That’s funny.

The Dems are just into the numbers game - more union workers, what ya gonna give me folks. They don’t vote based upon what’s good for this country long term - they just care about “faux fairness” and what’s in it for them.


66 posted on 06/26/2010 4:54:15 PM PDT by khnyny (Worst US environmental disaster EVER - BP Oil Spill in the Gulf - Obama's Fault!!!)
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To: yield 2 the right

YES! STAY STRONG, GOV. BREWER...STAY THE COURSE...WE ARE WITH YOU!


67 posted on 06/26/2010 5:22:26 PM PDT by itssme
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To: Westbrook; Jim Robinson
The standing of 0bambi’s case is that Arizona has no authority to enforce or replicate and enforce Federal immigration statutes.

This was posted previously and I believe it may have some bearing on this question:

Federal Immigration and Nationality Act

Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)

State and local law enforcement officials have the general power to investigate and arrest violators of federal immigration statutes without prior INS knowledge or approval, as long as they are authorized to do so by state law. There is no extant federal limitation on this authority. The 1996 immigration control legislation passed by Congress was intended to encourage states and local agencies to participate in the process of enforcing federal immigration laws. Immigration officers and local law enforcement officers may detain an individual for a brief warrantless interrogation where circumstances create a reasonable suspicion that the individual is illegally present in the U.S. Specific facts constituting a reasonable suspicion include evasive, nervous, or erratic behavior; dress or speech indicating foreign citizenship; and presence in an area known to contain a concentration of illegal aliens.

http://www.freerepublic.com/focus/bloggers/2501530/posts

However, the problem is that this isn't really primarily a legal issue at all, and all the major players know it perfectly well. It's political warfare, aka "lawfare" by the federal government for the purpose of subjugating the states, aided by continuous propaganda warfare from the media. As such there are additional dimensions to the efforts of the state of Arizona which are needed in order to counter this offensive.

The state must of course continue the traditional legal defense through the courts, but if they do only that it will play into the Obama regime's hands by allowing the public discussion to be "quieted down" and enable the media to focus the public's attention elsewhere. This benefits Obama's agenda.

What is also needed from Governor Brewer and her spokesmen and supporters is a full-out media blitz of Alinsky-style ridicule of the lawsuit. For example, when the argument of encroachment on federal jurisdiction is finally presented, she could issue a statement to the effect that "the Attorney General says that Arizona has no suthority to enforce federal immigration statutes. Well, I have a question for Mr Holder. Bank robbery is also a federal crime. If a bank is being robbed and calls the state or local police for help, should we just tell them to call the FBI?".

This may seem silly or undignified, etc. etc., but it works, and the left has been using it for decades with devastating effectiveness against us. Their arguments, and they themselves personally, need to be publicly scorned and ridiculed mercilessly. It's time to the tables on them, and they provide a truly target rich environment. As Alinsky taught, pick the target, freeze it, personalize it and ridicule it.

68 posted on 06/26/2010 5:36:22 PM PDT by tarheelswamprat
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To: AJFavish

Thanks for the links. Very useful information.


69 posted on 06/26/2010 5:46:47 PM PDT by tarheelswamprat
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To: thethirddegree

Obama needs to be impeached, tried for treason and sent to Gitmo to rot with his muslim buddies.
____________________________________________________________________________

AMEN!!!

If we ever take back control of our Government, I want the Kenyan, Barney Frank, Chris Dodd and any others who’ve attempted to destroy our Republic to be tried as criminals and sent to a hard labor prison for the rest of their miserable lives! FU** the Republican’s standard “We must show restraint and reach out to the Democrats and forgive what they’ve done.”

I want this Muslim POS to rot in prison for what he’s done to this country!

FU** you Barry, you’re a cancer on the United States!


70 posted on 06/26/2010 6:05:38 PM PDT by Artcore
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To: Bigtigermike

How can the Kenyan avoid any lawsuits in regards to his birth and judges say he has no standing, and military members quietly fade to night?


71 posted on 06/26/2010 6:08:03 PM PDT by wac3rd (Somwhere in Hell, Ted Kennedy snickers....)
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To: tarheelswamprat; Westbrook; Jim Robinson
http://www.freerepublic.com/focus/news/2519968/posts?page=68#68
72 posted on 06/26/2010 6:22:34 PM PDT by bigheadfred (I said free association. Not freely associate.)
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To: Extremely Extreme Extremist

But then peeps threw out Churchill!


73 posted on 06/26/2010 7:14:31 PM PDT by yield 2 the right (RUSH: Anything that Barney Frank and Chris Dodd get a standing Ovation on is not good for us)
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To: Bigtigermike
LMAO...and Mexico is joining in!

BOYCOTT MEXICO!!!

74 posted on 06/26/2010 9:17:41 PM PDT by SloopJohnB (2nd Amendment: The original Homeland Security)
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To: Waco

You sleeping? This country is contaminated with very crooked and unethical judges.


75 posted on 06/26/2010 9:26:25 PM PDT by SisterK (waiting for His return)
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To: Bigtigermike
Obama administration officials declined to reveal the basis for the suit. But legal experts say the challenge is likely to include the argument that in passing the law, Arizona violated the Constitution by intruding on the federal government's authority to regulate immigration.

Nowhere in the Constitution does it specifically prescribe that Congress has the power to regulate immigration.

It may be argued that it is implicit under Article I, Section 8:

The Congress shall have Power To ... establish an uniform Rule of Naturalization ...

However, nowhere in the Constitution does it state that the Legislative or Executive or Judicial branches can set policy as to NOT enforce a law.

In fact, the "Supremacy Clause of the Constitution states:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

Furthermore, the 10th Amendment states:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

There is no way that this attempt to block the AZ law is going to pass constitutional muster ...

76 posted on 06/26/2010 10:47:54 PM PDT by Lmo56
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To: The Good Doctor

“the federal government’s authority to regulate immigration.”

The feral gub’mint is gonna lose their *ass on this. AZ isn’t “regulating” immigration. Regulating would be if the fedgov said 1,000 mexicans can come in this month & AZ said, “No, only 750”. THAT would be trying to regulate.
All AZ is doing is enforcing the law.


77 posted on 06/27/2010 12:17:22 AM PDT by rickb308 (Muslims need to check with Native Americans & ask how that whole cowboys & indians thing worked out.)
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To: Happy Rain

Just spoke to my Obama voting Florida sister. She agrees that Arizona is in the right (amazing), but believes the oil rigs need to be shut down (1 for Obama).
She is shocked at his poll numbers, I love it!


78 posted on 06/27/2010 7:32:16 AM PDT by ohiogrammy (12)
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To: Bigtigermike

ArizOKCor


79 posted on 06/27/2010 9:04:23 AM PDT by FrankR (Standing against tyranny must start somewhere, or the future belongs to the tyrants.)
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