Cornyn blasts fed suit over Arizona immigration law
chron.com
Cornyn blasts fed suit over Arizona immigration law
Justice wants disputed state law declared unconstitutional
By GARY MARTIN and ALEKSA COSTA
WASHINGTON BUREAU
July 6, 2010, 11:01PM
WASHINGTON — A federal lawsuit filed Tuesday by the U.S. Department of Justice challenges the constitutionality of an Arizona law designed to crack down on illegal immigrants, saying immigration enforcement is not a job for the nation's states.
Attorney General Eric Holder said the lawsuit, filed in U.S. District Court in Phoenix, came after extensive consultation with law enforcement officials and civil rights groups who oppose the law.
"Setting immigration policy and enforcing immigration laws is a national responsibility," Holder said. "Seeking to address the issue through a patchwork of state laws will only create more problems than it solves."
Arizona's law has generated a national debate.
Sen. John Cornyn, R-Texas, said he was disappointed the administration made the lawsuit a priority instead of improving federal enforcement.
"The White House must focus on getting the federal government to do its job, which means securing our border and proposing specific reforms to our broken immigration system," Cornyn said.
Though an outspoken critic of the Obama administration, Texas Gov. Rick Perry, a Republican seeking re-election had no comment about the lawsuit Tuesday, though he has said a law similar to the one passed in Arizona would unfairly burden Texas law enforcement.
The lawsuit Tuesday comes less than a week after President Barack Obama dubbed the state law "ill conceived" and called on Congress to pass comprehensive immigration reform to prevent states from taking matters into their own hands.
Obama conceded that broken immigration laws and federal inaction have led to frustration, but said the Arizona law "has the potential of violating the rights of innocent American citizens and legal residents."
Arizona's two Republican senators, Jon Kyl and John McCain, issued a joint statement Tuesday saying the administration is failing "to protect the people of Arizona from the violence and crime illegal immigration brings to our state."
Police chiefs opposed
The lawsuit seeks an injunction to stop the law from going into effect on July 29. It asks the court to ultimately find that the state law violates the supremacy clause of the Constitution.
The state law obliges local police to verify the immigration status of people they stop or come in contact with on suspicion of violating other laws. The lawsuit contains declarations from Arizona law enforcement officials, and the police chiefs of Tucson and Phoenix, who say it will hamper effective police work in their communities.
Arizona lawmakers have cited the recent death of an Arizona rancher as an example of federal failure to secure the border and the need for the state to intercede.
Homeland Security Secretary Janet Napolitano said that as Arizona governor, she vetoed similar bills because they would have diverted "critical law enforcement resources from the most serious threats to public safety."
Arizona Gov. Jan Brewer, a Republican, met with Obama last month to urge the administration not to file suit. She has repeatedly criticized the president for failing to enforce federal immigration laws.
Such arguments have proven persuasive to some Texas legislators, who have said they may pursue similar measures when the Texas Legislature meets next year.
Other Republicans have called the administration's challenge a political move to sidestep such failures and rally Democratic constituencies needed in the mid-term elections.
"An Obama administration lawsuit against the people of the state of Arizona reflects the height or irresponsibility and arrogance," said Rep. Lamar Smith, R-San Antonio, the ranking Republican on the House Judiciary Committee.
Racial profiling concerns
Conservatives argue that the Arizona law is harmonious with federal statutes.
The lawsuit has been expected for weeks. Latino rights groups, civil rights organizations and congressional Democrats urged the Obama administration to take the action, saying the law would create racial profiling.
Obama huddled with immigration advocates and members of the Congressional Hispanic Caucus last week to discuss immigration reform and strategy.
"What Arizona should be doing instead of enacting ineffectual and misguided laws is to encourage its congressional delegation to fully support a meaningful solution, which happens to be comprehensive reform of our immigration laws," said Rep. Charlie Gonzalez, D-San Antonio, who heads the Hispanic Caucus task force on civil rights.
Rep. Sheila Jackson Lee, D-Houston, supported Holder's review of the state law's constitutionality and joined other Democrats in support of a comprehensive immigration reform bill in the House.
The Arizona law has prompted a rash of boycotts and protests.
In a split vote, the San Antonio City Council joined Los Angeles, San Francisco and Southwest cities in denouncing the Arizona law.
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