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Back to AFABlog HomeDonate to Support AFA SEARCH: The Millenial Perspective Why The Department of Justice's Lawsuit Against Arizona Is Flawed
Date: 7/8/2010 7:25:05 AM

Elijah Friedeman, the Millennial Perspective

Tuesday, in a move that surprised absolutely no one, the Department of Justice filed a lawsuit against the state of Arizona in an attempt to block the state's controversial immigration law aimed at cracking down on illegals in the state.

The surprise here is that despite the widespread indignation from liberals over the alleged civil rights abuses perpetuated by the law, civil rights violations aren't even mentioned in the lawsuit. Obama himself alleged that the law posed a threat to civil rights by "threaten(ing) to undermine basic notions of fairness that we cherish as Americans." And Obama instructed the DoJ to "examine the civil rights and other implications of this legislation."

So, after several months of headache-inducing outrage from the left over a law that they portray as tantamount to a move towards a Nazi-type regime, the Obama administration is admitting that the civil rights and discrimination charges that they leveled at Arizona were actually false and simply political talking points.

The DoJ's best and brightest are going after Arizona's immigration reform with the weakest argument possible, not much more than a technicality really. The Obama DoJ is using a legal precedent called "preemption" as grounds for its lawsuit against the state of Arizona. Unless you're a lawyer or have been following the Arizona immigration law closely, then you're probably clueless as to what preemption is. Pretty much, it boils down to this: preemption, which is based on the Constitution's supremacy clause, says that federal laws trump state laws. The DoJ is making the case that only the federal government is able to enforce immigration laws because the feds have jurisdiction over the enforcement of immigration laws.

Here's the problem with the grounds for the lawsuit, as Ed Morrisey at Hotair points out, the DoJ already has a program that helps local and state agencies enforce immigration laws. The program is called Basic Immigration Enforcement Training, and it provides local law enforcement with the training necessary to properly fight back against illegal immigration. The DoJ's website sums up the program:

A rising immigrant population in the U.S. has led to a dramatic increase in local, state, and tribal law enforcement encounters with both legal and illegal immigrants during routine police duties. As immigration continues to affect interior communities, there is an increasing demand for law enforcement officers to have a working knowledge of immigration law and policy.

BIET is a highly interactive, self-paced multimedia training program that addresses the immigration knowledge requirements of local, state, and tribal law enforcement officers. BIET addresses a wide range of topics including:

•False identification
•Identifying valid identification documents
•Consular notification
•Diplomatic immunity
•Nonimmigrant visas
•Immigrant and nonimmigrant status
•Law Enforcement Support Center resources
BIET was developed by Cameron University and Advanced Systems Technology, Inc. with funding received from the U.S. Department of Justice COPS Office. The pilot program was available for free to the first 500 officers from law enforcement departments.

So, the DoJ has worked itself into a corner. On the one hand, they want to stop Arizona from using local law enforcement to combat illegal immigration. But on the other hand, the DoJ is participating in equipping local agencies to enforce the immigration laws - virtually the same thing that they're suing Arizona for. Either the DoJ is breaking the law along with Arizona or both parties are in the right. I don't think it takes a career lawyer to figure that one out.

Ed Morrisey also points out that Arizona isn't even meting out punishment on illegal immigrants. Rather, the local and state law enforcement agencies in Arizona are simply checking suspects, and when necessary passing them one to federal authorities, letting the feds actually enforce the laws.

The longer the Arizona immigration debate does on, the more obvious it becomes how the outrage against the bill has been utterly foolish and reactionary. Time will tell whether the law actually holds up in court. But the good news is that even though the law has yet to go into effect, it has already been a success, both practically in Arizona and as a morale booster for opponents of illegal immigration.

Even if the courts rule against Arizona, the spotlight has been placed on immigration. Washington can no longer look the other way as millions of illegals cross our borders. A wave of anti-illegal immigrant legislation is already on the way in other states. And the people are demanding action. If action isn't delivered, then the lawmakers who are dragging their feet will face the consequences in upcoming elections.

Contact: themillennialperspective@gmail.com