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Tuesday, July 6, 2010

WIRE: Feds to file suit today against AZ

Feds to file lawsuit over Arizona immigration law

By BOB CHRISTIE, Associated Press Writer

PHOENIX – The U.S. Justice Department is filing a lawsuit challenging the constitutionality of Arizona's new law targeting illegal immigrants, setting the stage for a clash between the federal government and state over the nation's toughest immigration crackdown.
The planned lawsuit was confirmed to The Associated Press by a Justice Department official with knowledge of the plans. The official didn't want to be identified before a public announcement planned for later Tuesday by Attorney General Eric Holder and Homeland Security secretary Janet Napolitano, a former Arizona governor.
The lawsuit will argue that Arizona's law requiring state and local police to question and possibly arrest illegal immigrants during the enforcement of other laws such as traffic stops usurps federal authority.
The government will likely seek an injunction to delay the July 29 implementation of the law until the case is resolved.
The government contends that the Arizona law violates the supremacy clause of the Constitution, a legal theory that says federal laws override state laws. It is already illegal under federal law to be in the country illegally, but Arizona is the first state to make it a state crime and add its own punishment and enforcement tactics.
State Sen. Russell Pearce, the principal sponsor of the bill co-sponsored by dozens of fellow Republican legislators, denounced the reported lawsuit as "absolute insult to the rule of law" as well as to Arizona and its residents.
"It's outrageous and it's clear they don't want (immigration) laws enforced. What they want is to continue their non-enforcement policy," Pearce said. "They ignore the damage to America, the cost to our citizens, the deaths" tied to border-related violence.
State Rep. Kyrsten Sinema, a Phoenix Democrat who opposes the law, said the suit should help settle questions over what states can do when they don't think federal laws are being adequately enforced.
"I hope this galvanizes Congress to gain the moral courage they need to address this (immigration) crisis," Sinema said.

http://yhoo.it/dBYr5S

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