Thursday, April 29, 2010

By The Time I Get To Arizona, Part 2

The Justice Department is considering taking legal action against Arizona's immigration law on civil rights grounds.
The Arizona law criminalizes illegal immigration by defining it as trespassing and empowers police to question anyone they have a "reasonable suspicion" is an illegal immigrant. President Obama and Attorney General Eric H. Holder Jr. have blasted the legislation, with Obama saying that it "threatened to undermine basic notions of fairness."

"The president had strong words to say and the attorney general had strong words to say," said one law enforcement official, who spoke on the condition of anonymity because no decision has been made. "Considering that it's signed into law, and Arizona is doing a lot of pomp and circumstance, do you see a friendly way out of this?"

A key legal ground being considered, officials said, is the doctrine of "preemption" -- arguing that the state's law illegally intrudes on immigration enforcement, which is a federal responsibility.

The White House probably will make the final call, given that the issue is fraught with legal and political implications. Senior administration officials indicated Wednesday that Holder's remarks about the legislation -- he said he is "very concerned" that it could drive a "wedge" between law enforcement and immigrant communities -- should be taken very seriously.

The law will not take effect until summer, 90 days after the Arizona legislature adjourns. But the Justice Department could be in court by early to mid-May, the officials said.

The prospect of federal lawyers marching into court to challenge a state law would be most unusual, legal specialists said. Typically, the government files briefs or seeks to intervene in lawsuits filed by others against state statutes; federal officials said that could still happen in the Arizona case.

"It's relatively rare for the federal government to directly challenge a state law," said Jonathan Turley, a constitutional law expert at George Washington University Law School, who could not cite a comparable example. "It's even more rare when there is no shortage of people challenging the law." A coalition of civil rights groups announced Wednesday that it is preparing its own suit against Arizona, and officials in Phoenix, Tucson and Flagstaff said they are considering suing the state. 
So even if the White House does not go forward, there are plenty of groups willing to do so.  And unlike the legal challenge to health care reform, this one actually has a chance of getting parts of the law overturned on constitutional grounds.  I understand the need for immigration laws, but both Democrats and Republicans have balked at the idea of a comprehensive national law, and a national law is what's needed, otherwise you get a NIMBY effect that simply moves people from one state to another.

It is very good to see the Holder DoJ want to take action.  But as always with Eric Holder, talk is cheap.  Action is needed...and even more so, action is needed from Congress.

7 comments:

Anonymous said...

Dear Zandar:

By your "logic" 51% of Americans are racists for supporting Arizona's law.

Signed,
The Stupid

Zandar said...

Dear The Stupid:

I'm sure a majority of Americans supported Jim Crow laws at some point in our history, too.

Doesn't make it right, or lawful, or moral.

Anonymous said...

Jim Crow laws are an invalid comparison. We're talking about people who are in the country illegally and not US citizens. They are BREAKING THE LAW.

You can do better than that! Or...can you? And you still haven't answered my question, do you consider that 51% of Americans (a majority of Americans!) as racist for supporting this law because you're basically calling anyone who does support this law a "racist"!

djchefron said...

Let me give you a little history lesson.I know you believe in the rightness in your cause but just sit back and learn
Fugitive Slave Act
1850
http://www.nationalcenter.org/FugitiveSlaveAct.html

Anonymous said...

That is not an answer.

YES OR NO!

Does Gallup's poll that shows 51% of Americans (A MAJORITY OF AMERICANS) support Arizona's law mean that you consider a majority of Americans to be RACIST???

Answer the question!

I'll save you the trouble...if you say no, you're a HYPOCRITE AND LIAR, and if you say yes, YOU ARE THE RACIST!

So which one are you oh super super smart Zandar?

Zandar said...

Did you even read the poll?

51% of Americans who have heard about the law support it.

Of ALL Americans however, that number is 39% for, 30% against, 31% unsure/no opinion.

That's hardly conclusive. Do I think all the people who support this law are racists? No. I do think many people are misinformed about what the law actually does and actually means.

That apparently includes yourself.

StarStorm said...

No, they know what it means, they're just being a fucking douchebag.

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