Nearly one out of every seven members of Congress, including two from Arizona, want a federal judge hearing a challenge to the state's new immigration to know that they don't believe it is preempted by federal statutes.
In legal papers filed Wednesday in federal court, the 76 members of the House and five senators argue that the U.S. Department of Justice "fundamentally misapprehends the nature of its authority to enforce immigration law.''
Separately, a group known as the Arizona Latino Republicans Association asked for permission to actively intervene in the lawsuit to help Gov. Jan Brewer defend SB 1070.
Attorneys say the organization has an interest in the statute being allowed to take effect. They said while the organization's 230 members want to be treated equally with other U.S. citizens, they "do not believe in providing a safe haven to illegal immigrants.''
The brief filed by the federal lawmakers says Congress has exclusive power over immigration and that executive branch agencies can act only within those regulations. More to the point, the lawmakers say that federal agencies, absent explicit congressional authority, cannot choose to selectively enforce the laws.
That is a crucial point in the lawsuit to be heard today in U.S. District Court.
In its challenge to the Arizona law, the government admits that the Department of Homeland Security, which administers immigration laws and enforces border security, and the Department of Justice, which prosecutes offenders, "exercise discretion.''
For example, the lawsuit says, the agencies decide whether to bring criminal charges against someone who has violated immigration laws, whether to let an illegal immigrant remain without being incarcerated, and whether to grant "humanitarian or some other form of relief.''
"Decisions to forego removal or criminal penalties result not only from resource constraints, but also from affirmative policy considerations -- including humanitarian and foreign policy interests -- established by Congress and balanced by the executive branch,'' the lawsuit says. The Department of Justice says that Arizona's law, which includes requirements for police to check the immigration status of those they reasonably suspect are not in this country legally, conflict and interfere with those decisions.
The members of Congress, in their brief, disagree.
"The executive's powers to enforce federal immigration law does not confer the power to preempt state immigration enforcement by choosing, for foreign policy or other reasons, to selectively enforce the laws,'' they said.
That brief also says there is evidence Congress wants local police involved in enforcing federal immigration laws. That includes a statute that specifically bars cities enacting policies that bar police officers from sending information about illegal immigrants to federal authorities.
The federal lawmakers acknowledged that Congress passed a special law in 1996 allowing state and local police to receive special training, known as 287(g), to enforce federal immigration laws.
"But Congress reaffirmed that each state's inherent authority to enforce federal immigration laws was not restricted and that states could continue to assist in immigration enforcement,'' the members of Congress said.
The legal brief was signed by Trent Franks and John Shadegg, two of the 10 members of the state's congressional delegation.
It was filed for the members of Congress by two legal organizations: the Immigration Reform Law Institute which says it works to fight the damages caused by illegal immigrants, and the American Center for Law and Justice which bills itself as a public interest law firm working to protect the constitutional rights of religious groups.
Jacks4 posted at 8:47 pm on Wed, Jul 21, 2010.
This new Arizona law may not be needed based on a new bill I just read about that might be coming out in the Senate. I’m not sure why this hasn’t hit the airwaves yet but apparently 80% of those polled support the bill across all parties—that’s amazing on this heated issue! Here’s the link if anyone is interested.
“New Bill Solves Illegal Immigration, Reduces Unemployment 50%” by XelanBonn.Com
forkedlift1 posted at 1:14 am on Thu, Jul 22, 2010.
Jacks4,
Here's some of what that link says, which sounds very tentative and thus far very secretive:
"This draft would make it a felony to be on U.S. soil unlawfully either by visa overstay or border trespass says the consulting group that authored the initial version."
"Two senators , Jeff Sessions and Jon Kyl are refusing comment that they have a bill proposal. Sources say a bill proposal of such magnitude would likely have to come after the elections, once Republicans either retake the House or Senate or both."
Nowhere could I find in that small print on that that link uses who the "consulting group" is.
If it's something that has been cooked up by F.A.I.R., the well-funded organization that is opposed to ALL immigration, that has been identified as a hate group by the Southern Poverty Law Center, that authored SB 1070, and that has been writing immigration legislation for various cities that all has been ruled unconstitutional for the past few years, it wouldn't be very promising.
Thanks, though, for the information.
Masterrogue666 posted at 6:09 am on Thu, Jul 22, 2010.
Gee, I guess Rich, et al can't call members of "Arizona Latino Republicans Association" racists. Imagine that. They have the same viewpoint as me, yet I'm labeled a racist....
AZMomma posted at 7:59 am on Thu, Jul 22, 2010.
Glad to see that some decent Latino leaders are recognizing what damage the ILLEGALs , Cartels /Criminals are doing to the decent Latino-American citizens and their communities.
The vermin (aka Bich*os in Spanish) integrate into the barrio, infecting decent LEGAL Hispanic neighborhoods, especially young kids.
SB1070 is just one of the tools. We Do NOT depend on it to stop it all.
Cartels are also recruiting Gangs to act as their local helpers, so that should serve as a warning to local Gangstas that they may become sitting ducks if it gets really nasty. Since they like to Tat their bodies with Gang symbols, the PROFILING isn't too hard to do.
Law abiding Latino-CITIZENS, better wake up, look around and realize what is being done to them and their respectable lives. They are losing ground to the filth and worst of their ethnic heritage.
The Latino community has been silent and compliant for too long, allowing LaRata and Bich*os Por Los Causa to hand them the short straws and hold the guilt cards.
American-Latinos Unite....support the USA and help rid OUR country of these vermin.
allamer posted at 3:29 pm on Thu, Jul 22, 2010.
Well, I'm glad that SOME in Congress are willing to stand up for the Constitution and point out that the Executive branch MUST execute our laws all of the time; not selectively. Hallelujah!