Defending AZ Immigration Law

By 

Jay Sekulow

|
October 3, 2011

2 min read

Immigration

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It's a disturbing that the U.S. Department of Justice has filed a lawsuit challenging the new immigration law in Arizona.  This latest attempt to stop Arizona's law by the DOJ is flawed and represents nothing more than a waste of taxpayer funds.

It's troubling that the federal government, which has repeatedly failed to secure our nation's borders, is now attempting to punish the state of Arizona for doing just that. 

Instead of spending taxpayer funds to challenge Arizona's constitutional right to protect its borders and its citizens, the Obama Administration should secure Arizona's borders and the borders of other states. 

Arizona clearly has the constitutional authority to protect and defend its borders.  We believe that Arizona's new immigration law is both sound and constitutional.

Arizona Governor Jan Brewer issued a strong statement reacting to the DOJ suit:  "It is wrong that our own federal government is suing the people of Arizona for helping to enforce federal immigration law. As a direct result of failed and inconsistent federal enforcement, Arizona is under attack from violent Mexican drug and immigrant smuggling cartels. Now, Arizona is under attack in federal court from President Obama and his Department of Justice. Today's filing is nothing more than a massive waste of taxpayer funds. These funds could be better used against the violent Mexican cartels than the people of Arizona."

The fact is that we believe the new Arizona law being challenged, S.B. 1070, will survive constitutional challenges.  We have produced a legal analysis of the law.  You can read a brief memo here.  A detailed legal analysis is posted here.

With respect to the DOJ federal lawsuit challenging the Arizona law, we will be filing an amicus brief in support of the Arizona law representing thousands of U.S. citizens and members of Congress.  You can add your name to our Committee to Defend Arizona's Borders.  Add your name now.

As you know, we're also planning to file an amicus brief supporting the Arizona law in a legal challenge by the ACLU.  And, we will file an amicus brief with the U.S. Supreme Court in support of a 2007 law enacted by Arizona - a case that will be heard next term by the high court.