Going on the offensive, Arizona sued the federal government on Thursday, charging it has failed to meet its legal responsibility to secure the border.
The move comes in the form of a counterclaim to the original lawsuit filed last year by the Obama administration challenging enactment of SB 1070. Attorneys from the Department of Justice charged Arizona was illegally infringing on the exclusive right of the federal government to control immigration.
Gov. Jan Brewer said if the federal government believes what it is claiming, then it has a responsibility to do the job itself.
The lawsuit is based on more than that general legal theory.
Attorney General Tom Horne said a 2008 law requires the Department of Homeland Security to "achieve and maintain operational control for the Arizona-Mexico border." He said it also requires construction of 700 miles of reinforced fence and installation of other barriers, roads, lighting, cameras and sensors.
On a broader level, Horne said the U.S. Constitution requires the federal government to protect Arizona against "invasion."
"The word ‘invasion' does not necessarily mean invasion of one country by another country, but can mean large numbers of illegal immigrants from various countries," he said.
And on a more practical level, Horne said the Department of Justice has not met its requirement to reimburse states for the cost of incarcerating illegal immigrants who are serving time in state prisons for violating state laws.
"Arizona is unable to bear the staggering cost of protecting itself," he said. "And, even if it could, the federal government has argued that Arizona is preempted from taking action to assist in the enforcement of federal immigration law."
Horne conceded there is no precedent for any state winning such a lawsuit. In fact, he said the 9th Circuit Court of Appeals rejected a similar claim 14 years ago.
But Horne argued that "conditions have changed since then."
He said that the problem is much greater and the percentage of illegal immigrants with criminal records is much larger. Horne also said that the Sept. 11, 2001 attacks show that failure to secure the border has a "national security aspect."
Finally, he said the federal laws requiring the federal government to secure the border had not been passed at that time.
A White House spokesman referred all calls to the Department of Justice, which would not comment on the filing.
Brewer said the Obama administration should not be surprised.
"We did not want this fight, we did not start this fight," the governor said. "But now that we are in it, Arizona will not rest until our border is secure and federal immigration laws are enforced."
Both Horne and Brewer said they anticipate having to take the fight all the way to the U.S. Supreme Court.
But the governor said only minimal state funds will be involved, what with about $3.7 million already contributed to a fund she set up last year to defend the lawsuits challenging SB 1070. Brewer said only about $1.3 million of that has been spent so far.
Those donations, however, are covering only the cost of the outside counsel hired by Brewer to defend SB 1070. Horne said it will not cover any costs by his office, saying he and the senior counsel handling the issue "would be there anyway, so there's no additional cost."
Brewer said while the costs will rise above the amount already raised she expects to be able to get more donations.
At the heart of the battle is SB 1070.
Enacted last year, it requires a police officer to make a reasonable attempt to check the immigration status of those they have stopped. It also bars police from releasing anyone arrested until they have determined that person's immigration status.
Other provisions include:
• Making it a violation of Arizona law for anyone who is not a citizen to fail to carry documentation;
• Creating a new state crime for trying to secure work while not a legal resident;
• Allowing police to make warrantless arrests if there is a belief the person has committed an offense that allows them to be removed from the United States;
• Making it a crime to stop a vehicle in traffic to hire a day laborer or for someone looking for work to get into a stopped vehicle;
• Requiring state officials to work with the federal government regarding illegal immigrants;
• Allowing Arizona residents to file suit against any agency, official, city or county for adopting policies that restrict the ability of workers to enforce federal immigration law "to less than the full extent permitted by federal law."
Several lawsuits were filed challenging various provisions.
Last July, U.S. District Court Judge Susan Bolton, ruling in the lawsuit filed by the Obama administration, enjoined the state from enforcing several key provisions.
Bolton said attorneys from the Department of Justice showed they are likely to prevail on the illegality of four key sections when the case finally goes to trial. She also accepted the argument that the United States government "is likely to suffer irreparable harm" if those four disputed sections were allowed to take effect.
There has been no ruling yet on a request by the state to the 9th Circuit to overturn the injunction.
Dale Whiting posted at 3:34 pm on Thu, Feb 10, 2011.
Like it or not Arizona. Whether the Feds have secured the border is a matter of opinion. And where the opinion of the Feds trumps that of these looney State officials, even when backed up by many other looney Neo-cons, the Feds will win.
Dale Whiting posted at 3:46 pm on Thu, Feb 10, 2011.
Just answered the question on whether I felt the borders were safe. Where only 17% believe the borders are safe! The proper question is "What by way of heavy new taxes are you willing to pay in order to make the borders completely secure? Would $1 Trillion dollars be enough? Where 83% believe the borders are not safe and most of those same people want to reduce Federal spending, we have 83% of our population acting like yoyos!
Dale Whiting posted at 3:47 pm on Thu, Feb 10, 2011.
And Brewer and Horne are experts at playing yoyo!
Rich posted at 3:56 pm on Thu, Feb 10, 2011.
Wow, another way to get out of doing the research and work necessary to bring in some jobs, stop the real estate free fall, and balance the budget. Is there any silliness that the State government will not engage in to get out of going to work? Hey, I know, sue God because the summer is too hot. Get you back on the front page for doing absolutely nothing of consequence all over again.
Leon Ceniceros posted at 5:01 pm on Thu, Feb 10, 2011.
Sorry, Left-wing Liberal Democrats...the "Tax and Spend, Open Borders, Socialist Agenda is .....OVER....as of November 2nd, 2010, National Election Day.
The Patriotic Citizens of America have spoken "LOUD and CLEAR" = CLOSE THE BORDER...........NO AMNESTY....NO MORE WELFARE, NO MORE FORGED DOCUMENTS, NO MORE STOLEN I.D.'s..NO MORE UN-PAID EMERGENCY ROOM VISITS......GO BACK TO WHERE YOU CAME FROM...YOU HAVE YOUR OWN COUNTRY ....LIVE IN IT"
As for the "americans in name only"...if you don't respect our borders, if you don't respect our Flag, if you don't respect our Capitalist society, if you don't honor the sacrifices that our Military men and women have made throught America's history to protect and secure America...well....just get on I-10 going south and join the caravan of brand new pick-up trucks (that American tax-payers will end up paying for) and follow the signs to Nogales and Points South.....ADIOS
EmperorSmith posted at 5:03 pm on Thu, Feb 10, 2011.
It is as I have said before.
Slabside posted at 5:07 pm on Thu, Feb 10, 2011.
EXCELLENT! It's high time we play by the Federal government's rules. Of course we we get the tired old posts from the neo-lib Obamamite Dale. Neo-lib says, "What by way of heavy new taxes are you willing to pay in order to make the borders completely secure?". Dim bulb, you never seem to touch base on the trillions your demagogue has spent on stimulus, bail outs, pork and Obamacare. We all know why of course as your head is so far up Barack's rump if he turns suddenly it would break your neck. I'll gladly trade the Obamacare taxes that we are going to pay for decades for border security. That answers your question. Rich, you post the same dribble over and over. Do you sit in on the Arizona government sessions to know exactly what they are doing? I firmly believe they are working on ALL of the state's problems despite your hand wringing. The border issue is the topic that inflames conservatives and the neo-libs that pander to illegals (Dale) so it gets all of the news coverage.
Rich posted at 6:59 pm on Thu, Feb 10, 2011.
C'mon Slab, even you know better than that. If somebody's house burned down when you were a fire captain, would you and the city have been liable? If you get burglarized in Maricopa County, can you sue MCSO? This is simon pure, expensive publicity stunt. And it will apparently be headed up by that genius who led us to 50th out of 50 in education. Doesn't that give you confidence? It's well established that the Feds can't be held liable even if they're 100% right. If you win, you win zip and you're stuck with the bills. It's a lose - lose situation for everyone but the politicos on the front page.
Brittanicus posted at 7:17 pm on Thu, Feb 10, 2011.
As more States insist on zero tolerance laws, millions of illegal nationals will exodus those regions and speedily head for places such as the Sanctuary State of California, Nevada, Colorado, Utah and other welcoming location with their hands out for millions of dollars in public services and entitlements. This huge departure situation is happening now in the non-tolerant in the Grand Canyon State, as the illegal alien population is leaving and crowding into California and States where their is welfare and little or no enforcement laws. That means some easy-going States will be splitting at the seems with more refugees pouring in, that the lunatic fringe in the legislators has allowed to proceed. Taxpayers will really be hurting in States where no policing laws are prevalent. If this is not your idea of rampant welfare entitlements for illegal workers and their families, you had better search your conscious and see if your compassion is wrecking your states future.
America will always need the highest skilled scientists, engineers and computer experts that will be highly sought after for their qualifications. These legal immigrants will never become a public charge, looking to apply for food stamps and public welfare. However what we don't need, nor should they be accommodated by the radical open border zealots, is the desperate, impoverished who slip into this nation without a penny. They are exploited by all different trade contractors, sub-contractors and any incorrigible employer such a "Chipotle" fast food group of eating houses hiring hundreds of illegal laborers. These are jobs that our own children can do or legal resident teens, which right now in this complex recession could make a little extra money for college. It is estimated there are at least 8 million foreigners in every caliber of jobs; not just using a leaf blower or bricklayer or janitorial services.
No longer can this country afford to cater to those people who slip through immigration loopholes such as the instant-baby-citizenship of the 14th amendment and allowing the indigent parent to stay. This fraudulent enterprise on its own costs US citizens billions of dollars a year, especially when the rest of large family is smuggled into this land. We must stop coddling the destitute of other countries, and look to our own population below the poverty line. We must make E-Verify, 287 (g) policing authority, a mandatory high priority, with hefty fines, confiscation of company assets and painful prison sentences. Our country is in a serious situation, brought on by thirty years of illegal immigration neglect and now States have seen the writing on the wall and costs for education, health care and imprisonment, which the US government never reimburses? Those soft States that bow down to the illegal immigration invasion, will soon find themselves in a financial quaternary.
Astronomical amounts of money in food stamps and too many freebies for illegal nationals to subsist on, thanks to both political parties. This blogger gets thousands of emails a day, which my response is a format letter. Just like Egyptian revolution, it’s up to the larger majority of the American people to stand up and protect and defend their citizenship, the US Constitution from Liberal progressives who would steal it from you. Make a point of joining the TEA Party, or a pro sovereignty organization such as NumbersUSA who allows free faxes to your lawmakers. Above all else place a call with the federal switchboard at 202-224-3121. Ask to be connected to your Senate or Representative and speak your mind.
Masterrogue666 posted at 8:38 pm on Thu, Feb 10, 2011.
I wonder why article isn't under "Immigration" where it belongs. Perhaps it's because there's another article there that claims how "safe" the border is now.
Why is it that there are signs warning about certain areas being dangerous due to cartel activities? And "informed" persons like Rich and Dale tell us how wrong we are. How about you go on a nature hike into said areas and we'll see if we hear from you again...
Rich posted at 9:01 pm on Thu, Feb 10, 2011.
Go hunting there all the time. Season just ended two weeks ago. Cartels are really getting clever, disguising themselves as javelinas. Must be really small guys. Just because you've got a bald headed nutball who didn't get to play Wyatt Earp as a kid doesn't make AK47 toting banditos real. The cartels make most of their coin from Marijuana, which just dried up in Arizona. They are maximizing markets in New Mexico and Texas. Not Nogales, or even Douglas, Juarez. I might worry about them if I lived in Anthony. Use your head for something besides a rack for a bandana.
Masterrogue666 posted at 9:17 pm on Thu, Feb 10, 2011.
Rich: I guess you missed this story:
http://puppieswilldie.wordpress.com/2010/12/17/border-patrol-agent-murdered-again-blood-on-obama/
And perhaps this one:
http://www.washingtontimes.com/news/2010/aug/31/signs-in-arizona-warn-of-smuggler-dangers/
And you wonder why people don't believe you. I suggested that perhaps you weren't informed. You attempt an insult based on my avatar's image. Perhaps my head is nothing but a rack for a bandana, but at least it's not up my derriere as it is in your case....
magyart posted at 9:23 pm on Thu, Feb 10, 2011.
Help fight illegal immigration. Visit NumbersUSA and ALIPAC websites. We need federal E-Verify legislation to force employers to verify social security numbers.
StokeyBob posted at 11:24 pm on Thu, Feb 10, 2011.
I wish Governor Jan Brewer luck but the deck may be stacked.
When I started looking into where the money was coming from to buy off the politicians and subvert the immigration laws of the world, I came across what may be the root of many of our problems. Fiat Money.
No matter how much real money people can put together to build their countries the way they want there are those that can print up what ever it takes to get their way.
Maybe this will help make the danger of fiat money clear.
Imagine you and me are setting across from each other. We create enough money to represent all of the world's wealth. Each one of us has one SUPER Dollar in front of him.
You own half of everything and so do I.
I'm the government though. I get bribed into creating a Central Bank.
You're not doing what I want you to be doing so I print up myself eight more SUPER Dollars to manipulate you with.
All of a sudden your SUPER Dollar only represents one tenth of the wealth of the world!
That isn't the only thing though. You need to get busy and get to work because YOU'VE BEEN STIFFED with the bill for the money I PRINTED UP to get YOU TO DO what I WANTED.
That to me represents what has been happening to the economy, and us, and why so many of our occupations just can't keep up with the fake money presses.
We are going to have to regain control of our government before we can regain control of our currency and regain control of our country.
Slabside posted at 11:35 pm on Thu, Feb 10, 2011.
Rich, if somebody's house burned down on my watch and pure negligence was to blame, you darned tootin' the city would be liable. The fire department is a service we pay for through taxes and you expect your monies worth so don't use that lame for instance here. The feds are negligent 100% for not securing the border buddy.
Rich posted at 11:38 pm on Thu, Feb 10, 2011.
MR666
Been there, all last month in fact, I'm an old guy retired, been hunting since I was a teenager, and they only give me January now. First time I hunted there was 1956, with my great uncle an Arizona pioneer type, had me helping catalogue the books in the Globe library that summer. Of course then you could shoot a pig any old time. In fact, in the sixties the smugglers were all around. You could buy out of your tent if you were so inclined, but the peyote was growing all around you, Hate it myself, prefer Italian and French wines. But that's a personal taste I guess. It isn't new, it isn't strange and it isn't dangerous unless you let people like Sheriff Kojak make it that way. But the bald faced fact is, there were less of them the past four years than there have been since about 1969, which was about the height. Ran into one four years ago, offered me some pot, but I declined. Haven't seen any at all, or anyone that looked like them for two.
Rich posted at 1:23 am on Fri, Feb 11, 2011.
Slab,
You said it, and that would be negligence, it was purposeful and provable? Ever lose a home ? How much did it cost you? Please don't play childish games. How many people lost everything because you weren't quick enough or good enough.?Such is life. And you've never paid a penny of it. You guaranteed people's home and failed? How many times? Be honest. You were paid for NO times. Your life your existence is only that you were paid so no one ever lose their home. How many times were you negligent slab?
DLC IN PHX posted at 8:50 am on Fri, Feb 11, 2011.
Wow Horne learn's quick how to play the politcal game, good
job jan. Hey J.B WHERE'S THE JOBS !!!!!
p.s please do your's.
EmperorSmith posted at 12:01 pm on Fri, Feb 11, 2011.
Rich email me at romeooscar@hushmail.com Mention something that I will know it is you.
Slabside posted at 12:21 pm on Fri, Feb 11, 2011.
Sorry to disappoint you Rich but I never lost a home. No negligence either. I'm being totally honest and have no reason to lie. The threat of negligence was always there and it was part of the job but I performed according to the rules and my training. This isn't about me Rich so stop the spin OK? The feds have turned their back on their constituents concerning the border and I believe you know it. You just are a Brewer/Pearce hater and want to lay 100% of the blame on them.
AZNFREE posted at 1:48 pm on Fri, Feb 11, 2011.
What I find amusing is the outrage the libs display in a state that is predominately conservative. The Arizona republic used to be called the Arizona Republican…..if you don’t like the soup get out of the kitchen. Please don’t try to get the rest of to drink the Kool-Aid you’re peddling , there are plenty of other places that share your point of view go there…..God Bless Arizona!
Slabside posted at 2:18 pm on Fri, Feb 11, 2011.
Amen AZNFREE.
EmperorSmith posted at 2:31 pm on Fri, Feb 11, 2011.
We stand where we do. I am a libertarian, which happens to hate violence. I also am not hypocrite so I walk what I talk. It is easy spout hate bet standing by the words is not if you are true to yourself. This is why I try to take a balanced approach.
EmperorSmith posted at 3:20 pm on Fri, Feb 11, 2011.
EVT want to send border patrol? Document it, everyone is welcome.
EmperorSmith posted at 3:58 pm on Fri, Feb 11, 2011.
American Jesus.
Masterrogue666 posted at 11:31 pm on Sun, Feb 13, 2011.
Rich:
I'm guessing that you hunt javelinas during bow season? Is that correct? You mentioned that you hunt "there". I'm curious where that location is. You mentioned Globe, but I think it was to explain where you grew up. You mentioned "Anthony", but I could not find an Anthony, AZ. Do you hunt in Coronado National Forest, or other location down south?
In any event, you must live a charmed life, or have the Luck of the Irish if what you've claimed is true. Perhaps it will also assist you in Vegas. However, how do you explain Border Agents being killed. Let's not forget the rancher that was killed on his land. Ironically, he assisted ILLEGAL aliens by giving them water, for what I remember reading. That was around the Douglas, AZ area. Have you hunted there?
http://www.foxnews.com/us/2010/03/30/illegal-immigrant-suspected-murder-arizona-rancher/
Wilderness posted at 1:50 am on Sun, Feb 20, 2011.
A year after the "Build the Fence Legislation" was passed, K Bailey Hutchinson, Rep. from Texas Introduced and passed an Ombudsmen amendment that pretty much gutted the previous legislation. The fence no longer had to be double barrier with lights etc. The interesting fact is that John McCain and John Kyle were co-sponsors among others. Then John walks the fence in a commercial and says "build the darn fence"
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