Journal chill's Journal: Justice Department Sues Arizona 4
To be clear, I haven't read Arizona's law on immigration, nor am I commenting on it as a good or bad thing. I'm only interested in this from the legal argument of State vs Federal. I predicted to some friends it would play out this way a few years ago. The Federal Gov't sits on their hands for so long a State does something on its own, prompting a national discussion and forcing the Feds to actually DO something. Well, here we are.
http://www.washingtonpost.com/wp-dyn/content/article/2010/07/06/AR2010070601928.html?hpid=topnews
That is the article I read, but I suspect this will be all over the news now that the Feds have pulled the trigger.
The Federal suit contains two main arguments, a civil rights argument and a preemption argument. I'm only addressing the latter.
First off, an opening shot at the Feds.
The filing included declarations from other U.S. agencies saying that the Arizona law would place an undue burden on their ability to enforce immigration laws nationwide, because Arizona police are expected to refer so many illegal immigrants to federal authorities.
If that isn't an admission of incompetence, I'm not sure what is. Wow. You can't enforce a law because it'll create too much work? Considering the AZ law is supposedly almost identical to the Federal laws, this is a joke. Do your damn job or change the Federal law!
Back to preemption. The Fed argument seems to be that Immigration Law is their bailiwick. I didn't realize preemption worked that way. I understood it to be Federal law on a matter took precedence over State law, where Federal law was more restrictive. I didn't think it could be used as "you can't make a law on that subject".
Logically, I see it as this:
Fed = Loose
State = Strict
Outcome = Strict
Fed = Strict
State = Loose
Outcome = Strict
And the two identity arguments should be self-evident. L = L = L and S = S = S
Arizona crafted the State law because Federal Law is enforced by Federal Agencies. The Feds may accept and allow States to enforce Federal law, but it is at the Fed's prerogative. Thus, by creating their own copy-cat law, AZ doesn't need Federal permission to enforce the law. Personally, I don't see where the Feds can argue this, but I expect them to get the law invalidated none-the-less because...
By law, Arizona can't deport people. Their law has them handing over illegal immigrants to the Feds. The Feds don't have to accept them and can tell AZ to take a flying leap. The Constitution prohibits the States from entering into treaties or agreements with foreign powers without the consent of Congress. Deporting illegals to their home country requires entering into a treaty or agreement with the country of origin and I don't see Congress agreeing to this one. (Article I, Section 10 -- Powers Prohibited of States)
It's disgusting (Score:1)
This has been an actual bona fide invasion, now complete with "do not visit" areas of the US that are being occupied by armed foreigners, and the feds sue the state because the problem is getting out of hand for them, after they begged for relief for years...
I think arizona should counter sue-actually not sue, just make a declaration- and claim they have been abandoned by the union, basically thrust out, that they no longer are enjoying the contractual benefits that are supposedly guaranteed when they got a
Re: (Score:1)
Free market says....
If they want to be socially and economically isolated from the rest of the country, then let them.
Such policies never last for very long. There are too many benefits to playing with everyone else.
Re: (Score:1)
Much of the nature of the problem may be that the federal govt. is not answerable to the states. AZ and/or its citizens are prolly paying effectively their protection money, but not getting the services that the federal level is by separation of powers obligated to perform. Maybe repealing the 17th amendment and the removal of citizen taxation authority from the federal level might help?
No Civil Rights (Score:2)
The current Federal suit contains nothing about civil rights. It's all preemption. There is actually already precedent on this (immigration, specifically) saying states can make laws. The Arizona law is not yet being enforced. Civil Rights violations only occur when the law is enforced in a manner that violates civil rights. When that happens, the Feds will probably launch a s