Tuesday, July 6, 2010

Los federales have sued Arizona

In a legal move that had been long awaited by immigrants' rights advocates and others who oppose S.B.1070, the Obama administration has sued Arizona Governor Jan Brewer and the state of Arizona, alleging that "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.'”

The 25 page complaint, filed today in federal court in Arizona, further alleges that "a patchwork of state and local policies would seriously disrupt federal immigration enforcement and that [h]aving enacted its own immigration policy that conflicts with federal immigration law, Arizona 'crossed a constitutional line.'” The lawsuit requests an injunction and declaratory relief on the basis of violation of the Supremacy Clause, federal preemption and the Commerce Clause. The federal government also filed a 58 page brief in support of the motion for preliminary injunction. To read the pleadings, see http://www.justice.gov/opa/pr/2010/July/10-opa-776.html

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