Attorneys for the Obama administration want 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 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 construct 700 miles of reinforced fence and install 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 the 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.
Indifferent2011 posted at 5:02 pm on Sat, Oct 22, 2011.
I think they do have the right TO sue, because the American people's s best interest and well-being is BEING DISREGARDED. Illegal immigrants are flooding the workforce at a time when many Americans are devastated by the economy. Illegal aliens are taking safety net jobs away from Americans who need work desperately. And, our wages are being destroyed due to this horrible practice that's only benefiting 1% percent and hurting many more than some can imagine.
This problems has festered way too long and Obama's not acting responsibly on this matter. The thought of Amnesty is truly SCARY, CONSIDERING IT would promote a greater flow of illegal immigrants at a time when are whole country is nearly bankrupt and promote law-breaking behavior and exploitation of an already broken and unjust system. In many big cities there are neighborhoods, full of illegal immigrants infiltrating in, to the point where you feel like you're in Mexico and cannot thrive unless you know Spanish. THE PROBLEM IS MANY OF THEM ARE ILLEGAL; MANY MORE THAN WE ARE AWARE OF. Some have been here 20 to 30 years and know absolutely no English, less English than I know Spanish. They are exploiting our system and too many not assimilating.. IT'S gotten so out of hand and the government has turned a blind eye, letting us common folk suffer, while patting the illegal immigrants on the back and looking the other way; this is a complete disgrace and IS SIMPLY WRONG!!!!
Therefore, I do believe that the states should begin standing up to the government, because that's the only way anything POSITIVE is going to get done. The currently administratiON is actually saying it's okay to be here illegally by halting deportation, AREN'T THEY???? Why halt deportation when, probably 20% at least of people are unemployment, underemployed,. and many more worried about keeping their jobs; and more YET haven taken a major pay cut. Many college grads are only dreaming of getting a job now. I know of people with PH.ds who are doing jobs they would never HAVE IN THEIR WORST NIGHTMARE dreamed of: driving taxi's, waiting tables, etc. .After all that education, HUGE student loans, and endless work, it's quite devastating, you know.
IT'S REALLY TIME THESE POLITIANS WAKE UP.!!! And, think it very well might be time we fire all of their.............. They are not working FOR THE AMERICAN PEOPLE ANYMORE: the majority of Americans who are against illegal immigration. Maybe some business owners should show some patriotism and decency by paying American citizens a little more, even if that means buying one less car every year and profiting less. I HAVE NO sympathy for...... the SELFISH... Time they start looking out for the small people---the one's who built this country.
AmericanPatriot posted at 12:15 pm on Sun, Apr 17, 2011.
Pander to foreign nationals? I thought he was a foreign national.
Ironweed posted at 7:10 am on Sat, Apr 16, 2011.
Obama has no right to continue pandering to foreign nationals draining our resources of over $100 Billion annually. He has no right to choose to ignore our federal laws.
Brittanicus posted at 2:04 pm on Fri, Apr 15, 2011.
Judge for yourself?
Remember the TEA PARTY will kill any new amnesties, including so-called Immigration reform, Sanctuary States, Chain Migration, The dream act or any underhand way of passing any more AMNESTIES. By not enforcing restriction illegal immigration laws, should look to examples of the very serious overpopulations in border States of California, Nevada, Texas, New Mexico that have massive money problems; attributed by the illegal alien invasion. States that are not overrun or have implemented strict laws such as Georgia, can view illegal aliens skipping out, taking their economic families to feed of the generous welfare programs further afield. Learn more about the astronomical costs and Statistics at NumbersUSA or just typing into Google, illegal alien costs.
It's your America; not the 20 million plus foreigners and not the politicians who cower under the bombardment of open border lunatics. Join a local TEA PARTY and become an activist in the tens of millions other others fighting for jobs, cutting obsolete government agencies, building the real border fence and station permanent National Guardsman. Make E-Verify mandatory to catch criminal businesses hiring illegal aliens and make it an enforced police policy for every jail to use Secure Communities to fingerprint and process all individuals to verify their immigration status. The country is in the worst predicament of owing Chinese and foreign investors over 14 Trillion dollars and now want more taxes from ordinary Americans. So if this is the case, why are we not removing economic illegal immigrants from our shores? Hundreds of billions would be saved and, then would start returning jobs to our own citizens and legitimate residents.
A dirty business that attributes profits from illegal labor must be dealt with in the harshest way. No slaps on the wrist or mediocre fines, but judged on its incorrigible merits. With Fines from $50.000 up; confiscations of all business assets to fund ICE. Businesses with large ratio's of illegal labor, a term of at least a year in prison on first offense. This should not be home incarceration, but in a federal correction facility. That should determine that hiring foreigners carry a nasty risk of committing a felony. Same with people, who scorn our laws to enter America illegally, should carry a penalty of not a worthless civil infraction, but a justifiable felony conviction. Shouldn’t prudent Americans wonder why this has never been the case? It makes sense that this was intentional to allow illegal immigrants to enter our lands with impunity? Janet Napolitano can gesture all she wants about the border being better secure? Then perhaps she would like to buy London Bridge from me.
THROW OUT ALL THE ILLEGAL ALIEN PROCURERS, OF WHICH POLITICIANS, GOVERNORS, MAYORS, POLICE CHIEFS & OTHERS WHO ARE INSTIGATORS IN THIS INVASION.
Read about illegal alien widespread Tax fraud at http://www.thesocialcontract.com/ the Pdf file "Illegal Aliens and American Medicine." http://tinyurl.com/o6r27 and the report "DRAINING AMERICA INTO POVERTY" at http://tinyurl.com/3mv3vzm These are reports that the Leftists, US Government Czars and radical open border zealots or lobbyists prefer you didn’t see.
IN 2012 budget we must enforce the Grand old party with new injection of TEA PARTY candidates, otherwise the future for our families are at financial risk. NOT FOR ONE MINUTE THINK THIS HAS NOTHING TO DO WITH YOU? IT COULD BE YOUR JOB NEXT?
Today, Tennessee to stop illegal aliens voting passed a law to demand picture ID at registration. Low income Americans who are verified through birth records can apply for a free Identification card.
Attn: Gaining momentum is Billionaire potential President Donald trump, who has already spoken out about the Chinese Free trade treaty that is a rip-off, the same as Nafta and Cafta that must be negotiated. He also views Saudi Arabia as unfriendly to America, after everything we have accomplished for them, such as the Gulf War, when Iraq invaded. Now Opec that Saudi Arabia is associated with is cutting back on its oil supplies and our nation is being gouged by speculators in Wall street. Open up Alaska and anywhere we have oil reserves and a pox on the environmentalists. Other budget lowering legislation must include a reduction or closing obsolete government agencies and returning them to State jurisdiction. Even the defense monopoly should be examined, to see if a we can cut back on overseas military reservation and demand those countries attribute to their own protection.
Leon Ceniceros posted at 4:29 pm on Thu, Apr 14, 2011.
WHAT'S THE PROBLEM WITH..."SNEAKING"....INTO AMERICA ???
OBAMA FEELS THAT IF A KENYAN CAN DO IT.
THEN WHY SHOULDN'T 20MILLION MEXICAN ILLEGAL ALIENS DO IT.
Slabside posted at 3:10 pm on Thu, Apr 14, 2011.
Well there you have it... Obama has officially annexed Arizona to the Mexican drug cartels. Arizonans, stock up on guns, ammo, food and water.
manini posted at 2:33 pm on Thu, Apr 14, 2011.
Translation of OBAMANATION's U.S. Atty-General Eric Holder's clowns: "Let the MX Drug Cartel illegal immigrant invaders kill Arizonans...it's OK sez ex-Guv Nappy Napolitano, Homeland Security Failure!!!...LOL! If U want the job done right & Ur familly protected, do it Urself.