Thread: Arizona lawmakers: Feds failed to protect Americans

Arizona lawmakers: Feds failed to protect Americans

Brief tackles immigration law dispute after judge agrees to allow arguments

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Posted: April 07, 2011
1:20 am Eastern


By Bob Unruh
© 2011 WorldNetDaily




Lawmakers in the state of Arizona, who developed and adopted House Bill 1070 to crack down on the advance of illegal aliens into their state, are accusing the federal government of failing in its duty to protect Americans.

"Arizona has a right to self-defense under the Constitution, particularly when the federal government fails to protect it," they explain in a brief filed in the federal government's lawsuit against the state over the law.

A federal judge, Susan Bolton, suspended several key provisions of the state law that was intended to let state law enforcement officers enforce federal immigration restrictions, and the case now is pending before the 9th U.S. Circuit Court of Appeals.

But Bolton has allowed the state legislature to join the state and Gov. Jan Brewer as defendants in order to give them a voice in defense of the law they debated and approved.

According to officials with Judicial Watch, a Washington-based watchdog that investigates and prosecutes government misbehavior, Bolton approved, in an order dated yesterday, a plan for the lawmakers to intervene.

The Obama Justice Department sued the state nearly as soon as the ink was dry on the law, signed by Brewer, alleging that only the federal government has the authority to set and enforce border and immigration policy.

Sure, the state essentially agreed, but the federal government isn't doing it.

The "answer in intervention" brief filed on behalf of the lawmakers noted that the state law complies with all state, federal and local laws including the Arizona and U.S. Constitutions. Further, the state asserts the "right to protect its citizens."

"Plaintiff [the Obama Justice Department] has unclean hands to the extent it has failed to enforce the immigration laws and otherwise fulfill its duties as required by law and the Constitution and the executive branch of the federal government has failed to enforce the decisions Congress made when it enacted the immigration laws," the brief explains.

And there is "irreparable" harm that would be inflicted on Arizona if the Justice Department is successful in its arguments against enforcement of the federal immigration limits.

"SB 1070 is not preempted by federal law or the Constitution. SB 1070 does not conflict with federal law, does not constitute an improper regulation of immigration, and Congress has not fully occupied the field," the brief states.

The document seeks the dismissal of the complaint

The intervention also required authorization from the state, and Brewer signed legislation in February allowing the lawmakers to participate in the court proceedings.

"We are quite pleased that the Arizona State Legislature, which represents the people of Arizona, will be able to defend against the Obama administration's assault on SB 1070," said Tom Fitton, president of Judicial Watch, which is representing lawmakers.

"The Legislature has a paramount interest in seeing its law upheld. Arizona citizens have been living on the frontline in the battle against illegal immigration. The Obama administration has utterly failed in its obligation to protect Arizona citizens and secure the border," he said.

The people of Arizona are the winners today along with the Arizona State Legislature, Arizona State Senate President Russell Pearce, and Arizona House Speaker Kirk Adams."

Brewer signed SB 1070 into law on April 23, 2010, and the fight eventually is expected to end up before the U.S. Supreme Court.

Meanwhile, ABC News is reporting that dozens of other states are working on similar laws.

"The mere fact that Arizona law has sprung up in over 24 other states within a few months of passage, I believe, is historic," William Gheen, president Americans for Legal Immigration, told ABC.

"We are going to pass more immigration enforcement legislation in the states in 2011 than any year prior. And what we don't get done in 2011 we will get done in 2012," he said.
WND also reported on documentation revealing that hundreds of illegal aliens from terror-linked nations such as Saudi Arabia, Yemen, Pakistan, Iran and Syria have been nabbed by the U.S. Border Patrol sneaking illegally into the country.

The terror-linked illegals were among the 463,382 individuals apprehended being smuggled – or smuggling others – across the U.S. borders last year according to federal documents obtained recently by Judicial Watch.

"We should not be surprised if terrorists take advantage of our porous borders in light of the Obama administration's lax approach to border security," said Fitton. "When you have an administration that pushes illegal alien amnesty, permits illegal alien sanctuary policies, and attacks states like Arizona for seeking to enforce the rule of law, it sends a signal to our enemies to cross the border illegally and to do their worst."

Fitton said the Obama administration "continues to allow our borders to spiral out of control."

"These numbers are simply astonishing," he said. "Our country cannot secure our borders soon enough!"

WND also reported that the Department of Justice under Obama's command worked hand-in-hand with the American Civil Liberties Union to attack Arizona over its tough new immigration law.

It was May 17, 2010 when the ACLU, and other groups including the National Immigration Law Center, the National Association for the Advancement of Colored People and National Day Laborer Organizing Network, filed a class action lawsuit against Arizona over its legislature's attempt to protect its citizens and its jobs from illegal aliens.

"On July 6, 2010, the Obama DOJ filed a lawsuit of its own, which has been described by Congressman Peter King, R-N.Y., as a 'cut and paste' version of the ACLU lawsuit," Judicial Watch reported.

WND previously reported when Judicial Watch asked that the provisions suspended by the judge be reinstated:


Section 2(B) [reasonable attempt to determine a person's immigration status] "imposes no 'new' burden on lawfully present aliens because Arizona law enforcement officials have the discretion to inquire about a person's immigration status regardless of Section 2(B). Section 2(B) also does not place any undue burden on federal resources because Congress has mandated that the federal government respond to requests from state and local law enforcement officers about persons' immigration status."


Section 3 [willful failure to complete or carry an alien registration document] "does not regulate the conditions under which a lawfully present alien may remain in the country. Instead, Section 3 utilizes ordinary state police powers to create criminal penalties for the failure to comply with a federal registration scheme."


Invoking Arizona's broad authority to regulate employment under its police powers, Section 5 [unlawful employment of illegal aliens] "seeks to strengthen Arizona's economy by protecting the state's fiscal interests and lawfully resident labor force from the harmful effects resulting from the employment of unlawfully present aliens."


Section 6 [warrantless arrest] "does not grant Arizona law enforcement officers the authority to determine whether an individual has committed a public offense that makes him removable. Section 6 only authorizes Arizona law enforcement officers to make a warrantless arrest of an individual who has already been determined to have committed a public offense that makes him removable."
Fitton said Arizona lawmakers "specifically crafted" the law "to be entirely consistent with federal law."

"This is a matter of America's sovereignty and security, and every patriotic American must get involved," said Richard Thompson, president of the Thomas More Law Center.

The organization, a national, public-interest law firm in Michigan, filed a brief in support of Arizona's law.

"If we can't defend our borders from attack by illegal immigrants, in time we will lose our country," Thompson said. "What confidence should we have in an attorney general who, without even reading the law, accused Arizona of racial profiling? Patriotic Americans must show they stand with Arizona in this matter."

The lawmakers' brief also notes that the case should have been filed in the U.S. Supreme Court, which has original jurisdiction in cases between states and the federal government.

In its announcement about the decision by Bolton, Judicial Watch said, "Judicial Watch's lawyers will now be doing battle in court directly against the Obama administration on behalf of the entire Arizona State Legislature.

"This is huge. Not just for the citizens of Arizona, but for all of us."

The statement said, "It comes down to a fight between those who want to enforce federal immigration laws and those who do not. The Obama administration wants to kill this law because it doesn't want to bear its constitutional responsibility to secure the border, enforce our nation's immigration laws and protect the citizens of Arizona from the illegal alien invasion."

http://www.wnd.com/index.php?fa=PAGE.view&pageId=283905

"Plaintiff [the Obama Justice Department] has unclean hands to the extent it has failed to enforce the immigration laws and otherwise fulfill its duties as required by law and the Constitution and the executive branch of the federal government has failed to enforce the decisions Congress made when it enacted the immigration laws," the brief explains.

I dare say this quote won't see the light of day in the MSM. Obozo's cheerleading squad wouldn't want to besmirch Obozo's name and reputation!

Obummer's position in light of what he has allowed in Utah is nothing more than a joke, and arguably an abuse of our court system! But that's what this community organizing hack and his cronies do best; waste the time of court systems with frivolous litigation, thereby undermining this country and its people! The inconsistency of this regime is so absurd, that their complaint against Arizona should be summarily dismissed!

Originally Posted by nomas

"Plaintiff [the Obama Justice Department] has unclean hands to the extent it has failed to enforce the immigration laws and otherwise fulfill its duties as required by law and the Constitution and the executive branch of the federal government has failed to enforce the decisions Congress made when it enacted the immigration laws," the brief explains.

I dare say this quote won't see the light of day in the MSM. Obozo's cheerleading squad wouldn't want to besmirch Obozo's name and reputation!

not to mention it has blood on its hands in the death of BP Agent Terry and the ATF operation gunrunner (or fast and furious) scandal