Theodore's World: DOJ Lawyers Draft Challenge to AZ Law

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May 27, 2010

DOJ Lawyers Draft Challenge to AZ Law

DOJ Lawyers Draft Challenge to AZ Law

FOX News

A team of Justice Department attorneys reviewing the new immigration law in Arizona has recommended that the U.S. government challenge the state law in federal court, but the recommendation faces an uncertain future and tough scrutiny from others in the Justice Department, sources with knowledge of the process tell Fox News.

Staff attorneys within the Justice Department recently sent higher-ups the recommendation. At the same time, the Justice Department's Civil Division, which oversees the majority of immigration enforcement issues for the department, has drafted a "civil complaint" that would be filed in federal court in Arizona, sources said.

The draft complaint challenges the Arizona law as unconstitutional, saying it is illegal because it impedes federal law, according to the sources, who would not offer any more details about the draft complaint or the arguments made in it.

Two weeks ago, Attorney General Eric Holder told lawmakers such an issue was being considered by Justice Department lawyers reviewing the new law, which outlines and possibly broadens the authority of police to detain those suspected of being in the country illegally.

"We are examining the [Arizona] law and trying to determine if it contravenes the federal responsibility [toward] immigration, whether or not what the Arizona legislature has tried to do is actually preempted by federal law, by federal statutes." he told the House Judiciary Committee on May 13. "The regulation of our borders and the immigration that occurs by crossing our borders is something that is inherently something I believe for the national government to take responsibility for."
He also said it would not be "an extended period of time" before his department decides whether to take action on "preemption" grounds, adding that the Justice Department's "view of the law will be expressed relatively soon."

Two sources with knowledge of the review said the draft complaint, which is now receiving input from the attorney general's office and other Justice Department offices, is not an indication that the Justice Department will ultimately file a lawsuit.

Holder told lawmakers that the Civil Rights Division will be monitoring the application of the Arizona law, set to go into effect in late July, and could take subsequent action.

"We are concerned about the potential impact that it has and whether it contravenes federal civil rights laws, potentially leading to racial profiling," he said. "We would constantly be monitoring it to see if there are civil rights violations, civil rights concerns, that are generated by the implementation of the law."


Wild Thing's comment.........

A team of Justice Department attorneys reviewing the new immigration law in Arizona has recommended that the U.S. government challenge the state law in federal court

You have got to be kidding me. Is there anyone in the Obama Justice Department who has actually read the Constitution at least once?

What ARROGANT BASTARDS! They REFUSE to enforce the law and they want to prevent anyone else from doing it!

Another attack on our country by obama and his administration. A state impeding federal law for upholding Federal law.

Considering that it ( AZ. Law) is a toned down version of a Federal law that is on the books, can’t wait to see the outcome of this one.

This November is critical!

Posted by Wild Thing at May 27, 2010 05:55 AM


So they want to challenge an enforcement of existing federal law, but wouldn't take action on Black Panthers intimidating people (on camera) at a federal polling place in '08?

Posted by: Anonymous at May 27, 2010 09:22 AM

After hearing Megyn Kelly's opinion on it. And also what she said about the SCOTUS decision a few years ago I don't see the DOJ having a leg to stand on.

It's suppose to be if you are not a citizen you don't have the complete legal protection of the Constitution. But to come here and demand the Rights of a legal citizen who these Rights are guaranteed by the Constitution is BS.

Somehow the left has conferred on these illegals all the Rights declared by the Constitution. How was this possible. Now it seems that it is commonly accepted that if you are illegal it doesn't matter you are still allowed all the Rights of a natural born or a sworn citizen.

How can the DOJ call the Arizona Law Unconstitutional, when they've violated their sworn oath to uphold and defend the Constitution, in other words they've sworn to enforce the Laws of the United States but when it comes to Illegal Immigration they completely ignore those laws. A Double standard?...I think so.

Posted by: Mark at May 27, 2010 09:31 AM

DOJ or Arizona...Arizona ot the DOJ... I am putting my money on Arizona.

Kagan and Obama have found out tha Amnistsy is more complicated than they thought.

Posted by: Avitar at May 27, 2010 12:46 PM

OK, DOJ will spend taxpayers dollars to fight the AZ law, but would not spend a dime to investigate Black Panthers intimidating voters during the 2008 election. Do I small favortism in the DOJ?

Posted by: OhioRiver at May 27, 2010 01:40 PM

Our very identity as American citizens is under attack by these citizens of the world we have governing us in Washington.

Their attempts at undermining our American culture of freedom to their own collectivist world order will come to an end, and very soon, as Americans are waking up and our elected representatives are changing incrementally each election that passes.

Posted by: Carlos at May 27, 2010 06:10 PM

Huge thank you so much for all your input and comments. It means a lot to me.

Posted by: Wild Thing at May 28, 2010 04:25 AM