Feds File Suit, Fight SB1070 Constitutionality PDF Print E-mail
Written by Floyd Alvin Galloway   
Wednesday, 14 July 2010 00:00

The United States Justice Department filed a lawsuit against the State of Arizona claiming the state’s new immigration law is unconstitutional. The Justice Department, in conjunction with the Homeland Security

and State Departments, are suing the state and Gov. Jan Brewer in an attempt to stop the SB1070 from taking effect on July 29.

The July 6, filing seeks an injunction to keep the law from taking effect and a ruling that the law is invalid, because it usurps the federal government in making immigration law. It alleges the law is unconstitutional in three areas, under the Constitution’s Supremacy Clause, under its Commerce Clause and the pre-emption doctrine.

Under the State department the suit claims the law interferes with U.S. foreign affairs and humanitarian reasons that are taken into consideration by the federal policies and laws.

The filing is not too much of a surprise due to the Secretary of State Hillary Clinton letting the cat out of the bag during a trip to South America last month.

During a press conference with anti-SB1070 groups and individuals held at El Portal restaurant near downtown Phoenix, Maricopa County Supervisor Mary Rose Wilcox, an outspoken leader against the law stated their coalition is happy the federal government has stepped in to fight the law. With more than 20 coalition supporters representing religious, community, business and political affiliations behind her she began thanking U.S. Attorney General Eric Holder and Arizona U.S. Attorney Dennis Burke.

Wilcox stated, “This is a very, very important day today. I’m pleased that the Department of Justice has taken action to stop implementation for this unconstitutional and unwise law. I have no doubt the DOJ will be on the winning side of history.

“The federal government, the U.S. Department of Justice has a duty to protect and defend the Constitution against any state law that law violates it,” said Wilcox. In a statement she read, she noted that Congress has the sole responsibility to enact laws regarding immigration. “A patch work of individual state and local laws will undermine federal laws and overrides the interest of the entire nation,” she added.

“This is déjà vu, 50 years ago, 60 years ago, when states, governors and state legislatures passed laws and legislation that were discriminatory, bigoted, prejudice, totally against the Constitution, it took the federal government to step in and say we are the United States of America and we will not allow states to over shadow the federal government,” said Dr. Warren Stewart, senior pastor of First Institutional Baptist Church in Phoenix and a veteran state civil rights leader.

“And so leaders like President Eisenhower, President Kennedy and President Johnson and their respective Justice Departments stepped in and did what was right.” Just five decades removed from the civil rights movement era, he expressed appreciation that federal government is on their side fighting for justice and right as it did back then stated Dr. Stewart.

Calling on Congress to pass comprehensive immigration reform, he added, “It’s time to act on principal rather than politics and popularity.

Since Republican Governor Jan Brewer’s signed the controversial anti-immigrant bill SB1070 authored by ultra-conservative Sen. Russell Pierce, the state has faced a public relations disaster similar to the negative image it received in the 1990’s when Republican Governor Evan Mecham rescinded the Dr. Martin Luther King holiday.

Several organizations and municipal governments have began boycotting Arizona. Also the state has seen massive protests through the streets of Phoenix and at the capital against the bill, some of which have included national civil rights leader Rev. Al Sharpton.

“Shame on our governor and our legislature for causing this to happen to this state. This is going to cost this state immense capital we do not have,” said Dr. Stewart a leader in the fight for the King holiday nearly two ago.

There have also been protests in favor of the bill and opponents of the suit have raised over $500,000 to fight the challenge in the court. So far there are seven lawsuits in the courts attempting to stop the bill from becoming law.

While Maricopa County Sheriff Joe Arpaio, a proponent of the bill has spoken out against the Justice Department’s suit, several other state law officials have signed declarations in favor of it, including Phoenix and Tucson’s police chiefs.

 

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