BY LINDA BENTLEY | JULY 7, 2010
Feds sue Arizona to permanently enjoin enforcement of SB 1070
‘SB 1070 has subjected the United States to direct criticism by other countries and international organizations …’
PHOENIX – On Tuesday, July 6, the federal government filed a complaint against the state of Arizona and Governor Jan Brewer seeking to declare invalid and preliminarily and permanently enjoin the enforcement of SB 1070, as amended and enacted by the state of Arizona on the grounds that it is preempted by federal law and therefore violates the Supremacy Clause of the U.S. Constitution.
The lawsuit states the federal government has “preeminent authority to regulate immigration matters” and derives that authority from the Constitution and numerous acts of Congress.
The federal government claims, in pursuing its goal of “attrition,” Arizona ignores the other objectives that Congress has established for the federal immigration system and states, “SB 1070 disrupts federal enforcement priorities and resources that focus on aliens who pose a threat to national security or public safety.”
It also asserts, should SB 1070 be allowed to go into effect, its “mandatory enforcement scheme will conflict with and undermine the federal government’s careful balance of immigration enforcement priorities and objectives.”
While claiming to understand Arizona’s legitimate concerns about illegal immigration, the federal government states it has undertaken significant efforts to secure our nation’s borders.
The feds have a laundry list of conflicts it claims SB 1070 will cause, including longstanding federal law governing registration, smuggling and employment of aliens, stating it will “altogether ignore humanitarian concerns, such as the protection available under federal law for an alien who has a well-founded fear of persecution or who has been the victim of a natural disaster. And it will interfere with vital foreign policy and national security interests by disrupting the United States’ relationship with Mexico and other countries.”
The complaint states, “Through a variety of programs, DHS works cooperatively with states and localities to accomplish its mission to enforce federal immigration laws. Among these efforts is the Law Enforcement Agency Response program (LEAR), an Arizona-specific program that is operational 24 hours a day, seven days a week, for responding to calls from state and local law enforcement officers seeking assistance from ICE regarding suspected unlawfully present aliens.”
It goes as far as to say “SB 1070 has subjected the United States to direct criticism by other countries and international organizations and has resulted in a breakdown in certain planned bilateral and multilateral arrangements on issues such as border security and disaster management. SB 1070 has in these ways undermined several aspects of U.S. foreign policy related to immigration issues and other national concerns that are unrelated to immigration.”
Republican gubernatorial candidate Buz Mills says the lawsuit is further proof that President Obama is not serious about securing Arizona’s border with Mexico.
“Instead of sending a sufficient number of National Guard troops and financial resources to secure the border, President Obama is sending lawyers,” said Mills, adding, “When the federal government fails, we must step in and fill the void.”