Defending Arizona

In a very important move to defend Arizonas and, in turn, every other States right to protect its own borders and citizens.  At the focal point: Arizona's new immigration law - which is being challenged by the Obama Administration.

And, now a critical amicus brief has been filed, on behalf of 81 Members of Congress, defending Arizona Governor Jan Brewer and AZ state law S.B. 1070.

As many of you know, S.B. 1070 simply allows law enforcement officials, when already engaged with a person in the course of a legal stop, detention or arrest, and when reasonable suspicion exists, to ascertain that individuals legal status in the country.  It is very much like what happens during a routine traffic stop in any state - when the driver must produce a valid drivers license and registration, and law enforcement conducts a standard background check.

The challenge by the Department of Justice to this law is troubling on many fronts.  First, the initial charges that the law focused on racial profiling are bogus.  Since the law specifically and clearly prohibits racial profiling, the DOJ couldnt actually make a legal argument on that point and not even mentioned in its lawsuit.

Second, one of the main arguments made in the complaint is that it will be impossible to process all of the individuals illegally present if this law is allowed to stand.  In other words, the job is too big to take on.  And yet, the DOJ has the personnel and the resources to pursue this lawsuit, raising serious questions about the priorities of the DOJ.

Instead, the complaint focuses on an alleged violation of the Supremacy Clause of the U.S. Constitution, and claims that the new Arizona law is already preempted by federal immigration law.  This perspective fails to address a number of things, including the long case history that holds there is a significant role for the states to play in immigration enforcement.  It also neglects the fact that S.B. 1070 is actually modeled after federal law, and is designed to work in complete tandem with it.  S.B. 1070 not only avoids preemption problems; it actually seeks to provide some assistance and enforcement to the federal law.

The amicus brief, which you can read here, clearly illustrates that Arizona has the authority under the Constitution and the laws passed by Congress to provide this type of immigration enforcement. 

Represented in the brief: 81 Members of Congress.

The ACLJ worked in conjunction with the Immigration Reform Law Institute in crafting and filing the brief.  Congressman Trent Franks of Arizona and Congressman Brian Bilbray of California were our lead signatories.  Senators Barrasso, DeMint, Inhofe, Vitter and Wicker all joined the brief from the U.S. Senate.  The full list of Members is below.

This is a critical case that will decide much of our immigration and national security direction for years to come.