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.