Saying the federal government has "largely ignored'' pleas for help, Arizona asked the U.S. Supreme Court Wednesday to let state and local police enforce new laws aimed at illegal immigrants.
Paul Clement, a former U.S. solicitor general hired by Gov. Jan Brewer, argued that U.S. District Court Judge Susan Bolton was wrong last year in approving the request by the Obama administration to enjoin the state from enforcing key provisions of SB 1070. That law is designed to give police more power to detain and arrest suspected illegal immigrants.
She ruled that the law interferes with the exclusive right of the federal government to regulate immigration, a decision upheld just this past April by the 9th U.S. Circuit Court of Appeals.
Clement said the lower court judges were operating under the presumption -- erroneous from his perspective -- that states can get involved in immigration enforcement efforts only when the federal government gives specific permission.
"That's not the way federalism and preemption are supposed to work,'' he said.
"States have plenary police power and that cooperative law enforcement is the norm,'' Clement wrote in his brief to the high court. "States, unlike federal agencies, are not creatures of the federal Congress and do not depend on federal statutes for authorization.''
But Clement needs to do more than convince the justices that the Arizona law does not conflict with federal statutes.
That's because there has been no ruling on whether the law is legal. Bolton is not set to hear arguments on that until at least next year.
Instead, the issue is whether it was appropriate for her to put the law on "hold'' until the trial. And key to that is what courts call the "balance of hardships,'' meaning who is more likely to be harmed if the law is or is not allowed to take effect while its legality is litigated.
In upholding the injunction, appellate Judge Richard Paez said letting Arizona enforce its own immigration laws would harm the international interests of the United States.
Clement, in Wednesday's filing, responded by saying there are about 400,000 illegal immigrants in Arizona alone, with 230,000 of them holding jobs in the state, amounting to 7.4 percent of the total workforce. And he said more than 17 percent of those locked up in state prisons, at state expense, are in this country illegally.
"Arizona spends several hundred million dollars each year incarcerating criminal aliens and providing education and health care to aliens to entered and reside in this country in violation of federal law,'' he wrote. He said it was against that backdrop that lawmakers approved and Brewer signed SB 1070.
"The injunction against SB 1070 leaves Arizona and its people to suffer from a serious problem without any realistic legal tools for addressing it,'' Clement continued. " Such a conclusion is irreconcilable with the basic tenets of our federalism, and border states should not be placed in such an untenable position.''
Brewer, in a prepared statement, echoed the theme.
"SB 1070 was Arizona's way of saying that we won't wait patiently for federal action any longer,'' she said. "If the federal government won't enforce its immigration laws, we will.''
Provisions of the law Bolton blocked from taking effect include:
- Requiring a police officer to make a reasonable attempt to check the immigration status of those they have stopped.
- Forbidding police from releasing anyone they have arrested until that person's immigration status is determined.
- Making it a violation of Arizona law for anyone not a citizen to fail to carry federally issued documentation.
- 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.
- Creating a new state crime for trying to secure work while not a legal resident.
Xochitl Hinojosa, a spokeswoman for the Department of Justice, declined comment on Wednesday's filing.
Noting requires the justices to review the injunction. They could instead wait until Bolton rules on the legality of the law -- something that won't happen this year -- and goes through the regular appellate process before looking at the issue.
But the justices may want to jump in anyway.
Since Arizona enacted SB 1070, several other states have crafted their own versions. And the Department of Justice, which sued to block the Arizona law and got the injunction here, is seeking to bar enforcement of a similar Alabama law.
Clement told Capitol Media Services that just the involvement of the Obama administration may be enough to get the high court's attention.
"It's not every day that the federal government comes in to federal court and tries to enjoin a state law from going into effect,'' he said. "That's a pretty extraordinary step.''
Clement said he presumes the Supreme Court will give the Obama administration two months to file its response. He said it will not be known until late this year whether the justices will hear the case or allow the injunction to remain in place.
NothingButTheTruth posted at 2:33 pm on Wed, Aug 10, 2011.
"Since Arizona enacted SB 1070, several other states have crafted their own versions. And the Department of Justice, which sued to block the Arizona law -- and got the injunction here -- is seeking to bar enforcement of a similar Alabama law."
It is time for the US Supreme Court to weigh in on this issue of whether or not states can enforce federal immigration laws. To me it's a no brainer just the same as if they were to decide whether states have the right to enforce any federal law such as kidnapping or bank robbery. What is interesting is how the liberal press, illegal advocacy extremists and liberal judges have been able to stop our enforcement of immigration law so far.
RationalHuman posted at 4:07 pm on Wed, Aug 10, 2011.
It never ceases to amaze me...the same "Mesa's Finest" who look the other way when it comes to dangerous illegal alien felons - and defending their actions by proclaming "WE DON'T ENFORCE FEDERAL LAW" always get their panties in a bunch when I reply "So you won't do anything when I rob this Post Office?"
Funny how they pick and choose which Federal Laws to enforce and which to ignore.
Actually, it's not funny, just pathetic and incompetent.
Brittanicus posted at 5:04 pm on Wed, Aug 10, 2011.
Currently these are the 12 contenders for the presidential candidacy, regarding one of the highest issues that will hit the campaign trail for 2012. Chris Christie present Governor of New Jersey has not decided on this path yet. The majority of competitors will debating about jobs, the economy, foreign policy and many other issues in Ames, Iowa straw poll. There is dilemma that we cannot escape from, as it causing a major displacement of working Americans. According to a report there are an estimated 8 million illegal workers in mostly low income jobs throughout the United States, yet 14 million Americans have little chance of finding work in this dark recession. Even so with these figures in mind, the left still wants to enact an amnesty that could cost according to the Heritage Foundation 2.6 Trillion dollars. We hear almost every day from the Liberal academia, which by passing an amnesty, including a covert amnesty called the Dream Act that the economy will grow.
How can this be, when analysts within (FAIR) Federation of American Immigration Reform that federal costs are designated at $113 Billion dollars a year and this is exempt from what states are also paying out. The Sanctuary State of California and its Liberal legislators have transformed the State in a haven for illegal alien families and carry’s a hefty price tag of $21 Billion. Rep. Michele Bachmann (R-MN) has the best grade for her stand on the illegal immigration major problem and should cite illegal Immigration as a one of the causes of Unemployment. VDARE.com’s Ed Rubenstein has been monitoring immigrant displacement of American workers since 2001. Here I want to show more evidence that immigration is linked to high unemployment .http://www.vdare.com/rubenstein/041116_nd.htm
This is a appraisal of competing lawmakers on their stance about illegal immigration from NumbersUSA.
Michele Bachmann, U.S. Representative from Minnesota (B- ); Tim Pawlenty, former Governor of Minnesota (C+) ; Herman Cain, former Federal Reserve banker and businessman from Georgia (C-) ;Mitt Romney, former Governor of Massachusetts (D) ; Sarah Palin former Governor of Alaska ( D) ; Rick Perry Governor of Texas (D-) ; Jon Huntsman, Jr., former U.S. Ambassador to China and former Governor of Utah (D-) ;Newt Gingrich, former U.S. Speaker of the House of Representatives from Georgia ( D-) Rick Santorum, former Senator from Pennsylvania ( F ) ; Gary Johnson, former Governor of New Mexico (F ) ;Ron Paul, U.S. Representative from Texas ( F) ; Chris Christie Governor of New Jersey. (F) ; Barack OBama, Present President from Illinois ( F-)
Here is an example of expenditures in the small state of Rhode Island that has a limited state budget but still burdened with illegal aliens. Because of the 14th Amendment, children born in the United States get instant citizenship. This is something that has become comparable to the free education and free uninsured health care that taxpayers are the recipients taxed.
This is truly stomach churning when citizens and legal citizens have no jobs, but have a family to feed. This is encouragement on a grand scale, which epitomizes the major problem inherited from previous administrations and leftist activists in the court system? Each year it’s so estimated that 300.000 pregnant women slip past the border patrol, with another 40 percent entering America with tourists and students.
The fact is that it’s perfectly legal for a destitute, pregnant illegal alien, who presents herself as such, to receive state aid in Rhode Island. As Rep. Peter G. Palumbo (D-RI) reported, if pregnant illegal aliens show up at a Human Services office in Rhode Island, they are given the option of Blue Cross, United Healthcare, or Neighborhood Health insurance. They also receive a $450 a month debit card, and $275 a month in food stamps. According to Palumbo, the extension of such entitlement programs to illegal aliens is costing the state approximately $150-$350 million a year.
Think of the cost nationwide, specifically in Liberal controlled capitols such as Sacramento, California where the cost monthly is beyond understanding. Return to a Democrat House and senate, with Liberal entices, would bring us even more entitlements forced from Americans in taxes, to pay for the invading aliens. Rep. Michele Bachmann will end these travesties to our laws, halt small clandestine amnesties, Dream Acts, sanctuary cities and States and return this nations sovereign government to the people. Learn more to make your vote count in the Ames Straw poll and forward to the 2012 election. Many voters think there one vote doesn’t count, but your State and federal Representative wants that vote. Call them and tell them you want an end to the illegal immigration occupation. Investigate for yourself the costs and statistics unresolved problem at NumbersUSA, American Patrol, Judicial Watch and VDare.
The TEA PARTY has become an immense grassroots movement of tens of millions of one- mind Americans from all racial and religious backgrounds, political parties, no matter what the adverse pundits say? The TEA PARTY members share the focused philosophy of limited government, individual freedoms, personal responsibility, "fair" free markets and above all else returning power to the States and the people. The TEA PARTY is about reforming all political parties and control, so the key principles of our Constitution, once again is the foundation of which this nation stands.
MY EARLIER BLOGS: http://brittanicus-enoughisenough.blogspot.com/
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Dale Whiting posted at 6:52 am on Thu, Aug 11, 2011.
Let's put NothingButTheTruth, RationalHuman and Brittanicus in charge of ICE and see how they mess things up. It's much harder than it looks, fellas. Do you even know any ICE officers personally? Thought not!
chatmandu002 posted at 10:18 am on Thu, Aug 11, 2011.
There is nothing hard about immigration.
Secure the border and enforce all the laws all the time.
NothingButTheTruth posted at 12:20 pm on Thu, Aug 11, 2011.
US Immigration and Customs Enforcement is hard Dale? What is so hard about enforcing our immigration laws? Please explain to us all how difficult enforcing our immigration laws are. Oh I know how hard it is on individual ICE officers to balance they need for enforcement with the politics that doesn't want them enforced. That is at the heart of the problem. That is why the Obummer administration is suing states that have tried to fix that problem. Oh yes, it is much harder than it look on paper. Law says one thing administration does another. And I thought congress made the laws and not the executive branch. The executive branch makes law by non enforcement. They pick and choose what legally enacted, by the will of the people, laws they wish to enforce. This certainly does make it much harder than it looks. We need to get rid of these people who think American should foot the bill and be the policeman of the world. Instead we get this peace loving, Nobel peace prize winning Obummer expanding these ridiculous wars in the Middle East when we are being over run by the third world here in our own country that our forefathers conquered.
Masterrogue666 posted at 9:20 am on Fri, Aug 12, 2011.
Dale: Why would they NEED to know any ICE officers personally? Would it actually help the situation? NO. King OBAMA has tried time and again to force amnesty down the throat of the US citizen when the MAJORITY of citizens are against ANY FORM of amnesty. He's suppose to represent the desires of the majority, NOT HIS OWN. That's something he'll find out next election. He started with an strongly approve rating at 44%, now it's down to 20%. Is the rest too hard for you to figure out?
quietgardens posted at 6:52 am on Tue, Aug 23, 2011.
If you want to come to America, come here leagally, pay ALL of your taxes, learn the language, take an oath, learn the history of our country, pay the fees for the application and wait, like every other honorable legal immigrant.
As for those people that think illegals aren't hurting anyone, I would love to see an investigative report fro the newspaper about the identities that that were stolen. What happens to them? Can they be fixed? How long does it take? What kinds of problems does this make for those Americans whose identities were stolen? Then we would begin to see the whole picture, not some skewed version.