The U.S. Department of Justice is filing a lawsuit against the
state of Arizona for its controversial anti-immigration law, which
President Obama has publicly criticized as counterproductive and which
is scheduled to go into effect later this month. The possibility of a
federal challenge of the law has been discussed for weeks, and it
appears that the Obama administration is now following through. Here's
what to expect.
- The Federal Govt's Legal Argument The
Washington Post's Jerry Markon writes, "The
lawsuit, which three sources said could be filed as early as Tuesday,
will invoke for its main argument the legal doctrine of 'preemption,'
which is based on the Constitution's supremacy clause and says that
federal law trumps state statutes. Justice Department officials believe
that enforcing immigration laws is a federal responsibility, the sources
said. But the filing is likely to have a civil rights component as
well, arguing that the Arizona law would lead to police harassment of
U.S. citizens and foreigners."
- All About Federal vs. State
Authority The Associated Press' Bob Christie writes, "The
lawsuit will argue that Arizona's new measure requiring state and local
police to question and possibly arrest illegal immigrants during the
enforcement of other laws, like traffic stops, usurps federal
authority." This suit is "setting the stage for a clash between the
federal government and state over the nation's toughest immigration
crackdown."
- Could Provide Much-Needed Boost for Obama, Reid
The Washington Post's Greg Sargent suspects
political motivation. "The White House is reported to be worried that
Obama's dip in popularity among Latinos will adversely impact the 2010
and 2012 elections. Harry Reid also needs big Latino support to win
reelection. ... a major, high-profile lawsuit like this one could do
nearly as much as a legislative push on the issue to excite Latino and
other Dem base voters, at least in the short term. It could restart the
national argument over immigration, push the issue to the forefront
again, and demonstrate the Obama administration's willingness to use the
power of the Federal government to defend Latinos' civil rights."
- Presents
Tough Choice for GOP Hotline's Reid Wilson explains, "The
challenge will have serious political ramifications -- both positive and
negative -- for each party. Expect AZ Gov. Jan Brewer (R) to jump all
over the Feds, and for fellow GOPers to follow suit. ... But watch out,
GOPers: Hispanic voters are already wary of your party, and too much
harsh rhetoric on SB 1070 will push them more into the Dem fold."
- Arizona
Republicans Condemn Suit The Hill's Eric Zimmerman reports, "Sens. John McCain (R-Ariz.) and
Jon Kyl (R-Ariz.) criticized the Justice Department on Tuesday for
reportedly planning a lawsuit to overturn the Arizona immigration law."
McCain and Kyl say that the federal government failed in its
responsibility to properly implement and enforce immigration barriers
and thus has no standing to enforce federal preemption of state
immigration policies.
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