If the polls are correct, they won’t win any votes for doing the right thing (via email).
WASHINGTON – The Department of Justice challenged the state of Arizona’s recently passed immigration law, S.B. 1070, in federal court today.
In a brief filed in the District of Arizona, the Department said S.B. 1070 unconstitutionally interferes with the federal government’s authority to set and enforce immigration policy, explaining that “the Constitution and federal law do not permit the development of a patchwork of state and local immigration policies throughout the country.” A patchwork of state and local policies would seriously disrupt federal immigration enforcement. Having enacted its own immigration policy that conflicts with federal immigration law, Arizona “crossed a constitutional line.”
The Department’s brief said that S.B. 1070 will place significant burdens on federal agencies, diverting their resources away from high-priority targets, such as aliens implicated in terrorism, drug smuggling, and gang activity, and those with criminal records. The law’s mandates on Arizona law enforcement will also result in the harassment and detention of foreign visitors and legal immigrants, as well as U.S. citizens, who cannot readily prove their lawful status.
In declarations filed with the brief, Arizona law enforcement officials, including the Chiefs of Police of Phoenix and Tucson, said that S.B. 1070 will hamper their ability to effectively police their communities. The chiefs said that victims of or witnesses to crimes would be less likely to contact or cooperate with law enforcement officials and that implementation of the law would require them to reassign officers from critical areas such as violent crimes, property crimes, and home invasions.
The Department filed the suit after extensive consultation with Arizona officials, law enforcement officers and groups, and civil rights advocates. The suit was filed on behalf of the Department of Justice, the Department of Homeland Security, and the Department of State, which share responsibilities in administering federal immigration law.
Like I said, this won’t be a popular move, but it was dictated by both the Constitution and basic justice. Article 1 Section 8 of the Constitution says that ‘The Congress shall have Power…To establish an uniform Rule of Naturalization.’ In other words, Congress has the power to set one set of immigration and naturalization policies for the states. The DOJ is on solid ground with this challenge.
They are doing the right thing, but they’ll have to actually set a uniform rule that works if they want to escape political punishment. Any chance the Republicans will go along with that?
