Thread: Lawyer: AZ. has no right to sue over failed border security

Lawyer: State has no right to sue over failed border security
April 14, 2011 3:33 PM
HOWARD FISCHER - CAPITOL MEDIA SERVICES

PHOENIX — An attorney for the Obama administration wants a federal judge to rule that Arizona has no right to sue the government over what the state claims is the failure to secure the border.

Assistant Attorney General Tony West told U.S. District Court Judge Susan Bolton she has no legal authority to review the state's contention that Arizona is under invasion and that the federal government is not doing its job. He said issues of what the federal government is — and is not — doing to secure the border are “non-justiciable political questions.''

“The regulation of immigration and control over the borders are matters firmly entrusted to the political branches'' of the government, West argued in his legal briefs. “Similarly, protection of the United States from ‘invasion' implicates matters of foreign policy and defense which likewise are vested exclusive with the political branches.''

More to the point, he said Congress gave federal agencies latitude in how to enforce immigration laws. And the decision of those agencies on how best to do it, West said, is not subject to judicial review.

“Arizona does not allege that the United States has failed to enforce immigration laws altogether, but merely alleges that the United States has chosen to enforce the immigration laws in a manner that Arizona believes is not what Congress intended,'' West wrote. He said even if that is true, it is a “legitimate exercise of discretion to allocate law enforcement resources and determine priorities.''

Anyway, West told Bolton, there are practical problems with what Arizona is asking her to do.

“Even if a peacetime influx of immigrants could be considered an ‘invasion,' the Constitution provides no standard that would allow a federal court to determine either when the influx should be deemed an invasion or the adequacy of the federal government's response,'' he wrote.

West also said there is no basis for Arizona's claim that, if nothing else, the federal government owes the state money because of the costs incurred in dealing with illegal immigrants. State Attorney General Tom Horne, in filing the claim against the federal government in February, specifically sought reimbursement for the amount Arizona spends locking up illegal immigrants who have been convicted of committing state crimes.

The flaw in that, West argued, is that the federal government is not forcing Arizona to incur those costs. He said the state independently enacted a criminal code and decided who to prosecute.

The state's claim actually came in its formal response in February to the federal government's challenge of SB 1070.

The Obama administration contends the law designed to give police more power to detain and arrest suspected illegal immigrants, illegally infringes on the exclusive powers of the federal government. In that February response, the state not only disagreed with that contention but said Arizona is stepping in because the Department of Homeland Security is not complying with a law that requires it to “achieve and maintain operational control for the Arizona-Mexico border.''

West countered that the requirement is subject to the “sole discretion and expertise'' of the agency and is not subject to judicial review.

Similarly, he said the same flaws exist in the state's claim that the government is not complying with a requirement to construction 700 miles of reinforced fence and installation of other barriers, roads, lighting, cameras and sensors.

The filing comes as the 9th U.S. Circuit Court of Appeals upheld an injunction Bolton issued last year barring the state from enforcing key provisions of SB 1070. She ruled — and the appellate judges agreed — that the Department of Justice was likely to succeed with its claims that the law is unconstitutional and that allowing Arizona to enforce the law would harm the legitimate interests of the federal government.

West said none of what is in the legal papers should come as a surprise to the state. He pointed out that 9th Circuit rejected a similar claim alleging “invasion'' 14 years ago.

Horne, however, has argued that “conditions have changed'' since then, ranging from the increasing number of illegal immigrants with criminal records to new federal laws requiring the border be secured.

No date has been set for a trial on either the administration's challenge of the law or the state's counterclaim.

www.yumasun.com

Whatever it takes to keep the border open and the flow un abated

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More to the point, he said Congress gave federal agencies latitude in how to enforce immigration laws. And the decision of those agencies on how best to do it, West said, is not subject to judicial review.

Here is the problem Mr West. It is NOT Congress making these decisions. It is the Obozo in office!

Ah, so turnabout is NOT fair play. The feds can sue Arizona, but Arizona cannot return the favor.

They have every right to sue. Its pretty obvious to those that dont even follow politics and illegal immigration that the Government is intentionally failing at securing the border and fighting illegal immigration...

I think Arizonans and Americans in general have every right to know whats been going on behind the scenes and any and all data (emails, faxes, memos etc) regarding border security and illegal immigration must come to the surface now...

I already live in Mexico, Thanks anyway! IMO continue the fight.
But it does not look good from my experience. I am the minority now.
The little dreamers/anchors are now big and theres tons of them!
I am outnumbered except by ALIPACers and a few old time intelligent
Citizens. Everyday another Patriot is being sued, under investigation or being called "Hateful, Evil, Xenophobic, and racist!
But in my community the jobs and culture are geared wage wise to those
receiving some kind of welfare or some kind of fraud. Illegal aliens, and their off spring. It belittles me and all American citizens.
Everyday we fight. Every year La raza, Lulac, and Maldef get more support and money.
Everyday a part of me dies and that is exactly their goal!
Yeah I'm a lot disheartened today. I hate what I see and I hate what I
hear.

Assistant Attorney General Tony West told U.S. District Court Judge Susan Bolton she has no legal authority to review the state's contention that Arizona is under invasion and that the federal government is not doing its job. He said issues of what the federal government is — and is not — doing to secure the border are “non-justiciable political questions.''

In other words, Arizona is required to keep their mouth shut and dare not question the federal governments' refusal to secure the border against hostile invading hordes from mexico!

How dare this *&&% adminsitration deny Arizona the right to demand our federal government carry out those duties in which they are Constitutionaly obligated to perform. This is something else!

PHOENIX — An attorney for the Obama administration wants a federal judge to rule that Arizona has no right to sue the government over what the state claims is the failure to secure the border.

The last few years the U.S. has turned into a lawless nation, and is becoming much worst daily.

Arizona must present evidence with photos, Law Enforcement witnesses, and updated records of criminal activities coming from across the border into the State of Arizona. Not any Judge will preside a court case with words of mouth, which is he said, she said information. Show proof and allow the court to know deceased bodies are found throughout the desert, 14 year old illegal substances traffickers crossing the border from Mexico. Ranchers are afraid to work, because they are often threatened by drug cartels. Trucks and mulls loaded with drugs located parked in fields by BP Agents. Ranchers sued after their private properties are unlawfully invaded by illegal aliens entering the U.S. BP Agents murdered in the desert, and murder crime unsolved. Rapists, murderers, cartels and criminals from all walks of life entering Arizona from across the border, which is causing citizens to be at risk for any types of crime on a daily basis. Build your court case and win it‼