8:17 am By Maegan La Mala · Immigration|Phoenix|Politics
7 Jul 2010Yesterday, the U.S. Department of Justice filed a lawsuit challenging Arizona’s SB1070 before it officially takes effect at the end of this month.
The lawsuit, filed in a U.S. District Court in Phoenix, including a request for a preliminary injunction, questioning the constitutionality of the law because it interferes with federal immigration policy and enforcement. The possibility of racial/ethnic profiling is mentioned but to be clear, the law is being challenged on the grounds that the state is overstepping it’s boundaries and not allowing the Feds to pursue their own enforcement heavy immigration policy. Read the language from the official release:
“Arizonans are understandably frustrated with illegal immigration, and the federal government has a responsibility to comprehensively address those concerns,” Attorney General Holder said. “But diverting federal resources away from dangerous aliens such as terrorism suspects and aliens with criminal records will impact the entire country’s safety. Setting immigration policy and enforcing immigration laws is a national responsibility. Seeking to address the issue through a patchwork of state laws will only create more problems than it solves.”
“With the strong support of state and local law enforcement, I vetoed several similar pieces of legislation as Governor of Arizona because they would have diverted critical law enforcement resources from the most serious threats to public safety and undermined the vital trust between local jurisdictions and the communities they serve,” Department of Homeland Security Secretary Janet Napolitano said. “We are actively working with members of Congress from both parties to comprehensively reform our immigration system at the federal level because this challenge cannot be solved by a patchwork of inconsistent state laws, of which this is one. While this bipartisan effort to reform our immigration system progresses, the Department of Homeland Security will continue to enforce the laws on the books by enhancing border security and removing criminal aliens from this country.”
Many of the national pro-migrant organizations sent out email alerts and press statements praising the lawsuit. However, one organization quoted pointed out what seems like the Obama administration’s trying to have it both ways when it comes to immigration reform/enforcement.
“What we’re seeing from the administration is a contradiction,” said Sarahi Uribe, an organizer with the National Day Laborer Oranizing Network, which is part of the lawsuit with the ACLU. “On one hand, the president is saying that federal immigration is the exclusive work of the federal government. On the other hand, he is promoting policies that outsource that very responsibility through police with ICE programs like 287g and Secure Communities.”
The federal legal challenge against SB1070 was and is a necessary step however it is disturbing that the way the justice system is set up, the way it works with the other pieces of government including the immigration system, forces a racist, nativist, xenophobic law like SB1070 to be challenged because it prevents the Feds from doing its own historically racist, nativist, xenophobic dirty work.
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26 Responses to U.S. Department of Justice Issues Legal Challenge Against Arizona’s SB1070
Bryan J.
July 7th, 2010 at 8:20 am
I don’t know bout you, but I’d prefer the status quo any day over the existence of SB1070.
Maegan La Mala
July 7th, 2010 at 9:07 am
Bueno, si getting rid of SB1070 would be a wonderful thing, however to say this as if the status quo doesn’t already criminalize people of color communities, comes from an extreme place of privilege.
Bryan J.
July 7th, 2010 at 9:11 am
I didn’t say that the status quo didn’t criminalize people of color communities. just a matter of degree.
Humberto Suarez
July 7th, 2010 at 9:16 am
The quote from Sarahi Uribe is very true, I think the U.S. is just suing to keep other states from doing the same thing Arizona has done and keep the constitutional lines clear and not to protect its people legal or not.
Maegan La Mala
July 7th, 2010 at 9:18 am
The problem with this argument though, is that given how detentions and deportations have increased under Obama, the status quo gave a message in some ways that actions such SB1070 are ok.
Tweets that mention U.S. Department of Justice Issues Legal Challenge Agianst Arizona’s SB1070 | VivirLatino -- Topsy.com
July 7th, 2010 at 9:31 am
[...] This post was mentioned on Twitter by Vivir Latino. Vivir Latino said: New on VivirLatino: U.S. Department of Justice Issues Legal Challenge Agianst Arizona's SB1070 http://bit.ly/ap5225 [...]
Bryan J.
July 7th, 2010 at 9:37 am
Good point. And now that turncoat McCain, etc. are jumping on the nativist bandwagon, the status quo stands to lean more to sb1070.
Opinion: U.S. Department of Justice Issues Legal Challenge Against Arizona’s SB1070 | Latino News
July 7th, 2010 at 10:17 am
[...] From: Vivir Latino [...]
Rakhi
July 8th, 2010 at 1:03 am
I like it. Thank you for your article. The Obama Administration has taken a decisive stand against Arizona’s controversial immigration law, Hope you will continuo your informative post.
sabina gonzalez
July 8th, 2010 at 3:50 pm
I just want to see the judge(s) comments after it’s all done… it’s probably true that they are doing this to guard the federal line and not to protect people.
Bryan J.
July 8th, 2010 at 5:21 pm
@everyone,
If you look at the Feds suit, as well as ACLU, etc suit, the “guarding” of the immigration turf is closely aligned with a particular concern for individuals(at least some individuals).
Perhaps the most glaring vulnerability in the legal argument for supporting comprehensive state enforcement of immigration laws is the fate of potential asylees, which is mentioned in the suits.
Outside of conducting a full removal hearing(or asylum interview, but if one fails there, they get a full removal hearing), it is impossible to determine whether someone is eligible for asylum.
Given the idiocy of people like Russel Pearce(I mean, that guy is nothing other than a moron fillled with hate), many people who in fact are legally eligible to be here will be punished with jail time, arrests, etc.
In other words, the Feds, in part, are guarding the “federal line” in order to protect those eligible under the current immigration laws. Now if they would just change the current ones so this wouldn’t be necessary.
sabina gonzalez
July 8th, 2010 at 7:32 pm
yup, good point.. Hey Mala, are you covering the Oscar Grant trial verdict? that shit is a real shame, they only found the cop guilty of involuntary manslaughter
Bryan J.
July 9th, 2010 at 7:08 am
well it couldn’t have been voluntary manslaughter–, so it was between murder and what he got convicted with.
Assuming that there was no specific intent, the standard between Involuntary manslaughter and murder is gross negligence and recklessness, respectively. I think mistaking a taser for a gun is more like reckless–. It’s implausible that he made that mistake, given training, etc.
And if THAT was the case, maybe cops should stop using Tasers, and required instead to be in tip-top physical shape.
Maegan La Mala
July 9th, 2010 at 10:31 am
Good point Bryan, I appreciate it.
I think one of the other fabulous editors wrote up something re: the Oscar Grant verdict although I do have my own thoughts that I will be posting eventually
Maegan La Mala
July 9th, 2010 at 10:35 am
Bryan, I meant good point about the SB1070 lawsuits, not about the Oscar Grant verdict. I have a different take on that based on my years of anti-police brutality organizing
Bryan J.
July 9th, 2010 at 2:13 pm
My bad for going off topic. I defer to those with experience in having to deal with cops, although I once was threatened with arrest when I zealously guarded a cooler of beer at a beach party.
Another Lawsuit Against Arizona’s SB1070 | VivirLatino
July 11th, 2010 at 9:49 am
[...] lawsuit does take the same position as the suit filed by the U.S. Department of Justice, that SB1070 is violating the “supremacy” of the Federal Government to enforce [...]
Bryan J.
July 13th, 2010 at 12:51 pm
I just realized why, in part, the federal lawsuit virtually ignores the racial profiling aspect. It is not only because it is the weaker argument(which it is, because it would most likely require the law to come into effect and then evidence to be gathered of racial profiling,etc).
Here is why: if the Federal government pushed hard on the racial profiling implications of SB1070, it would directly contradict the 287g agreements that are currently in place. The racial profiling that will result from SB1070 would be the same that occurs in many police departments that participate in 287g agreements. 287g, like sb1070, amplify the likelihood of racial profiling because the enforcement is so broad and the personnel less trained.
Thus, by focusing solely on the pre-emption argument, the government can prevent Courts from ruling SB1070 as invalid as violative of the 14th amendment. Maybe the ACLU lawsuit should hunker down on the 14th amendment angle in order to preserve a challenge to the constitutionality of 287g agreements.
Maegan La Mala
July 13th, 2010 at 1:39 pm
Well that would make sense especially since it could be looked at as a legal contradiction, not that they has ever stopped the Feds before.
I also read in one analysis that the Feds didn’t really use the racial profiling angle since the law hasn’t taken effect yet and therefore racial profiling cannot be proved.
Bryan J.
July 13th, 2010 at 2:46 pm
The latter argument I have not looked into in depth. But if it can be shown with a high degree of probability that racial profiling(egregious) would occur, it could still be enjoined. It is hard to do that before it takes into effect, but not implausible.
I re-read the Feds complaint. They mentioned race once, no mention of Equal protection argument, nada. Even if one argument is weaker than the other, complaints usually cover all bases at least in a perfunctory manner. Not in this case.
Maegan La Mala
July 13th, 2010 at 4:34 pm
Oh Bryan don’t tell me you believe that this country really is about and justice for all?
Bryan J.
July 13th, 2010 at 5:03 pm
Ha Ha, if i drop too low on the cynical scale, all could be lost! Nah, of course not. But in the dark, murky waters of the soulless structure, there are glimmers of justice for some.
I mean, look at Judge Napolitano on Fox News, FOX NEWS, throwing down on SB1070. Someone on fox news not going for ratings, but for what is right is rather newsworthy.
Michael Vachon
July 14th, 2010 at 6:26 pm
One comforting thing to keep in mind is that the Justice Department’s lawsuit WILL succeed. That is guaranteed. However, I am dismayed by the way the media has covered this story. They make it sound like court is going to determine whether Arizona’s law endorses racial profiling, or whether it is a reasonable response to a purported illegal immigration “crisis.” That’s not what this lawsuit will decide. There is an article on my blog about the media’s poor coverage of the legal aspect of this story. http://www.sandiegolemonlawyer.net/blog/media-ignoring-the-legal-aspect-of-federal-governments-lawsuit-against-arizonas-immigration-law/
Bryan J.
July 14th, 2010 at 6:35 pm
Mr. Vachon:
Main stream media certainly has not ignored the pre-emption angle.
Maegan La Mala
July 14th, 2010 at 6:57 pm
I haven’t seen that angle being ignored in the media. In fact the articles that I have read have pointed out that the bulk of the Federal lawsuit has nothing to do with racial profiling. Pero, perhaps your sources and mine are not the same.
Republicans to Arizona’s Rescue? | VivirLatino
July 16th, 2010 at 8:10 am
[...] far as I know, there are currently three lawsuits against SB1070, the Federal lawsuit, the LULAC/Center for Human Rights and Constitutional Law suit, and the first suit filed by the [...]