Associated Press By BOB CHRISTIE
PHOENIX – The U.S. Justice Department is filing a lawsuit challenging the constitutionality of Arizona's new law targeting illegal immigrants, setting the stage for a clash between the federal government and state over the nation's toughest immigration crackdown.
The planned lawsuit was confirmed to The Associated Press by a Justice Department official with knowledge of the plans. The official didn't want to be identified before a public announcement planned for later Tuesday by Attorney General Eric Holder and Homeland Security secretary Janet Napolitano, a former Arizona governor.
The lawsuit will argue that Arizona's law requiring state and local police to question and possibly arrest illegal immigrants during the enforcement of other laws such as traffic stops usurps federal authority.
The government will likely seek an injunction to delay the July 29 implementation of the law until the case is resolved.
The government contends that the Arizona law violates the supremacy clause of the Constitution, a legal theory that says federal laws override state laws. It is already illegal under federal law to be in the country illegally.
Tuesday's action has been expected for weeks. President Barack Obama has called the state law misguided. Supporters say it is a reasonable reaction to federal inaction on immigration.
Prior to seeing the lawsuit or receiving any official notification, Gov. Jan Brewer's spokesman called the reported decision to sue "a terribly bad decision."
"Arizona obviously has a terrible border security crisis that needs to be addressed, so Gov. Brewer has repeatedly said she would have preferred the resources and attention of the federal government would be focused on that crisis rather than this," spokesman Paul Senseman said.
Three of the five Democrats in Arizona's congressional delegation, who are facing tough re-election battles, had also urged Obama not to try to block the law from going into effect.
"This lawsuit is a sideshow, distracting us from the real task at hand," Democratic Rep. Ann Kirkpatrick said in a statement Tuesday. "A court battle between the federal government and Arizona will not move us closer to securing the border or fixing America's broken immigration system."
The law requires officers, while enforcing other laws, to question a person's immigration status if there's a reasonable suspicion that they are in the country illegally.
Arizona passed the law after years of frustration over problems associated with illegal immigration, including drug trafficking and violent kidnappings. The state is the biggest gateway into the U.S. for illegal immigrants, and is home to an estimated 460,000 illegal immigrants. . . Continue reading
Blog author's opinion - Barack Obama is a totally pathetic little man and a Chicago thug. He knows that Arizona is trying to save their state, but Obama had to show his power. I believe he is committing political suicide.
Obama will not close the borders, he will not provide any help to stop the illegals from flooding the state of Arizona.
Barack Obama does not see an undocumented illegal who is breaking Federal law when they enter our country, he sees an 'undocumented Democrat'.
He will attempt to give the illegals amnesty knowing that his party will gain many more voters. Never have I seen our country in such total disarray as it is now.
The reason for this rests on the shoulders of President Barack Obama and his fellow Democrats.
If this does not move the people to the polls in 2010 and 2012, I don't know what it will take.
Good move - Gov. Brewer launches food stamp fraud unit. Let's see if Obama tries to shut this down. Also Arizona Dems contest Obama assertions on border. They of course have gone into their CYA mode, they know they are toast in November.
