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The federal government files a lawsuit challenging Arizona’s immigration law

July 6, 2010

  Today the Obama regime made it official– they have filed a lawsuit challenging Arizona’s new controversial immigration law. The Obama regime is specifically challenging who has constitutional jurisdiction over the enforcement of immigration law– the states or the federal government. The Obama regime is going to argue that the constitution delegates this authority to the federal government. And technically they are right– the Supreme Court has ruled that the because the constitution grants congress the power to regulate the naturalization process in Article 1 Section 8, that this naturally extends to the federal government the authority  to create and enforce immigration law. If congress can regulate the process for naturalization, it also must be able to regulate how people get here in the first place.

 I fully expect the Obama regime to win this challenge, but I welcome this lawsuit because it is my belief that the federal government has been irresponsible and negligent  in the enforcement of illegal immigration under the laws that are currently on the books. This case could give us the chance to indict the federal government for dereliction of duty– and I am not just talking about the Obama regime here, this has gone on way too long. When I say that we have the chance to indict the federal government for dereliction of duty I am not talking about a legally binding or punishable offense, I am merely stating that this trial could be used to show the vast majority of the American people that the federal government is unwilling to enforce immigration law. This is a chance to display to the nation that the federal government has been negligent in their immigration enforcement duties.

  It will be up to Arizona to put the federal government on the defensive– to turn the tables on the Obama regime. After all, if the federal government was willing to do the job that they are now claiming is their responsibility under the constitution, Arizona never would have been forced to act on their own in the first place.

  If the Obama regime wants to enforce current immigration law– and if the Obama regime is willing to enforce current immigration law– I am more than willing to let the courts rule that it is their responsibility. The problem is they are not ready to– and they are not willing to– enforce current immigration law. They do not want to stop illegal immigration– that is not the point of this lawsuit. The federal government wants to stop Arizona from stopping illegal immigration and that is a totally different position from the one they will be arguing in court.

  The problem is that the federal government does not agree with the current immigration laws and they do not want them enforced, PERIOD! As I have stated, this is not the same as suing Arizona over jurisdiction, this is an attempt to ensure that nobody enforces immigration laws until Barack Obama has the chance to grant all of the illegal aliens and their families amnesty. That is the ultimate goal of this lawsuit.

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11 Comments leave one →
  1. July 6, 2010 9:48 pm

    Great article, Steve.

    I suspect you are right, in that the Obama administration will probably win this lawsuit. I hope you are also right in saying this could highlight the real problem and make the public even more aware of what is going on. If that is the case, maybe we can see something good come from this, even if the Arizona law is struck down.

    Like

    • July 6, 2010 10:04 pm

      Thanks Larry!
      I think that we may see some good come out of this. We know that Obama wants to use this to push for amnesty, but if Arizona plays their cards right, maybe this can be used to kill any change amnesty might have.

      Like

  2. David W. Walters permalink
    July 6, 2010 10:39 pm

    Steve,
    The 800 lb. gorilla in the room that no one wants to mention is that the immigration problem can easily be solved by NOT allowing business to hire illegals. Therein lies the problem, because they want the cheap labor.
    So we argue about non starters like Arizona’s immigration law. If Arizona’s politicians were serious about stopping illegal immigration, they’d address this problem.

    Like

    • July 7, 2010 10:19 pm

      I do not disagree, I think that we also need to crack down on employers who hire illegal aliens.

      Like

  3. July 7, 2010 12:03 am

    I’m not so sure it will be so simple. First of all, I highly doubt Arizona did not anticipate this and have their ducks lined up before hand.

    But more to the point, what about the sovereignty of the states and their responsibility to protect their citizens?

    Furthermore, if the government is derelict in their duties, doesn’t the task then fall on the shoulders of the state. I mean if an illegal citizen killed an Arizona citizen, the federal government wouldn’t get sued, the State of AZ would.

    Lastly, as you so rightly stated, protecting citizens and controlling immigration is not the goal of this administration so can a judge take that into consideration?

    One other thing, when the Federal Government starts suing States because they don’t like what they are doing, isn’t there something innately wrong with that.

    We have this massive spill in the gulf, and this administration thinks suing AZ is more important when the law they put in place is basically a copy of the Federal law? Priorities are a little messed up here.

    I will say this, if the government wins this, I think we are in for a heap of trouble from that day forward. Regardless to what the Constitution says. This administration seems to pick and choose which part of the constitution it will follow.

    You are right that this has been a long time in coming and hopefully, will bring this whole situation out into the forefront.

    It’s a sad day that AZ had to take this step – one that was born out of a morally and ethically correct position – and the government’s response is to sue them instead of saying, “oops our bad. We’ll get right onto fixing this problem.”

    Who’s are government going to sue next? You and me?

    Like

    • July 7, 2010 10:22 pm

      Many good questions, and we will find out all of the answers soon enough. That is why I am glad the feds are suing, it will bring all of these questions “out of the shadows.”

      Like

  4. July 7, 2010 9:18 pm

    Great post Steve… With everything that has transpired over the last 1 1/2 years you would think that the Obama administration will strongarm this and win the lawsuit. But reality and facts lean toward Arizona. So we’ll see what happens.

    David… I’ve mentioned this countless times and frankly I’m getting tired of people not looking at what is actually going on at the border. THE PROBLEM RIGHT NOW IS NOT WITH IMMIGRANTS THAT ARE LOOKING FOR WORK. IT’S WITH CRIMINAL MAGGOTS THAT WHAT TO SELL DRUGS AND HUMANS AND MAKE MONEY!!!!!!!!!

    Like

    • July 7, 2010 10:24 pm

      Thanks, I hope you are right but I am afraid the feds are going to win this one.

      Like

  5. July 7, 2010 10:54 pm

    A fine post and good points all.

    Very interesting that the suit has nothing to do with any “racial profiling” or discrimination of any kind. Isn’t that what the big fuss was about? Maybe Obama & Holder/DOJ realized that that approach actually had very little merit and was unlikely to succeed, so they went with the “unconstitutionality” case. I wonder what LaRaza thinks of that….

    Like

    • July 7, 2010 11:04 pm

      Thank you, thank you! I meant to mention something about how the case had nothing to do with racial profiling, but I forgot to.

      Like

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