A Consequence of the Federal Government’s Challenge of Arizona’s Immigration Law

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The Rationality of Blocking Arizona’s Immigration Law – Uncovered

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Early Signs Appear Positive For Arizona in the Lawsuit Filed By the Obama Administration

The early signs from the judicial hearings on Arizona’s immigration law that is being challenged by the Obama Administration are auspicious for the state. Comments made by the judge who had been appointed by Bill Clinton appear to challenge the basis of the federal government’s case.

The citizens of Arizona (and in the rest of the country as well) are hoping that this portends a quick and favorable outcome to the Obama Administration’s politically motivated lawsuit.

Arizona should ultimately sue Obama for legal costs and for the accumulated costs that illegal immigrants have burdened Arizona with.

We all need to stand behind Arizona in its defense of the citizens not only of the state but also of the rest of the country. Write Governor Brewer letters of support and encouragement. You can also make an online donation to the cause that will ultimately help all of us.

Hearing on Arizona immigration law begins
Jerry Markon    Washington Post     July 23, 2010

PHOENIX -- A federal judge pushed back Thursday against a contention by the Obama Justice Department that a tough new Arizona immigration law set to take effect next week would cause "irreparable harm" and intrude into federal immigration enforcement.

"Why can't Arizona be as inhospitable as they wish to people who have entered or remained in the United States?" U.S. District Judge Susan Bolton asked in a pointed exchange with Deputy Solicitor General Edwin S. Kneedler. Her comment came during a rare federal court hearing in the Justice Department's lawsuit against Arizona and Gov. Jan Brewer (R).

Bolton, a Democratic appointee, also questioned a core part of the Justice Department's argument that she should declare the law unconstitutional: that it is "preempted" by federal law because immigration enforcement is an exclusive federal prerogative.

"How is there a preemption issue?" the judge asked. "I understand there may be other issues, but you're arguing preemption. Where is the preemption if everybody who is arrested for some crime has their immigration status checked?"

At issue in Thursday's hearing, argued in a tan-colored "special proceedings" courtroom" inside the federal courthouse, was whether Bolton would grant a preliminary injunction to stop the law from taking effect while the federal lawsuit proceeds.

As dozens of protesters marched outside, the hearing marked the first round in the Obama administration's effort to stop the state's crackdown on illegal immigration. The tension in the courtroom reflected a broader national debate over what has become a political divisive issue: whether police should have the power to question people they suspect are in the United States illegally.

"The regulation of immigration is unquestionably, exclusively, a federal power," Kneedler told a rapt courtroom. Brewer, whose fierce criticism of the federal lawsuit has helped her popularity at home, watched silently from the front row, drawing a "Good afternoon, Governor" from the judge.

Lawyers for Brewer argued with equal force that the legislation, scheduled to take effect July 29, is a legal expression of a sovereign state's right to secure its borders against a tide of illegal immigration. The federal government, the lawyers said, has failed to act.

"We keep hearing that we can't really do anything about these illegal aliens -- Arizona should just deal with it," said John J. Bouma, Arizona's lead attorney. "Well, the status quo is simply unacceptable."

The law, which Brewer signed in April, empowers police to question people they have a "reasonable suspicion" are illegal immigrants and to send them to federal authorities for possible deportation. President Obama has strongly condemned the law, and the Justice Department filed suit July 6, setting up an unusual clash between the federal government and a state over who should enforce the nation's immigration laws.

Bolton did not indicate how she might rule, saying only that she will take the matter "under advisement." But she did subject Justice Department lawyers to some pointed questions.

Kneedler responded to her query about why Arizona authorities don't have the right to be inhospitable to illegal immigrants by saying the law has given the state the power to enforce immigration law "in, frankly, an unprecedented and dramatic way."

"It is not for one of our states to be inhospitable in the way this statute does," Kneedler said, citing as his main argument the legal doctrine of "preemption."

Based on the Constitution's supremacy clause, it says federal law trumps state statutes. Because the federal government has "preeminent authority to regulate immigration matters," the government's lawsuit argues, the Arizona law must be struck down.

Bolton questioned key parts of that argument, especially relating to a section of the law that appears to require immigration-status checks if police stop someone for another law enforcement purpose and suspect the person is an illegal immigrant.

Kneedler said the conflict with federal law comes because the status checks are mandatory, which could lead to federal agencies being overwhelmed with deportation requests. Top officials at U.S. Immigration and Customs Enforcement, whose agents will handle most of the calls from Arizona authorities if the law takes effect, have said they will not necessarily respond to every call.

"There really is no flexibility," Kneedler said.

He added that the Arizona law might lead to police harassment of U.S. citizens and is threatening to harm vital cooperation along the border with Mexican authorities, who have strongly condemned the law. "These are very concrete harms, very substantial foreign policy concerns," he said.

Bouma ridiculed the foreign policy concerns.

"Foreign outrage doesn't make the law preempted," he said. He accused the Obama administration of ignoring requests from Brewer and numerous other governors for more help in securing the border.

"You can't catch them if you don't know about them," he said. "And they don't want to know about them."

Bolton is hearing six other lawsuits filed against the Arizona law. A former Arizona state court judge, she was nominated for the federal bench by Democratic President Bill Clinton, but legal observers say she is hard to pigeonhole ideologically.

Outside the gleaming glass-and-white iron courthouse, named for former Supreme Court justice Sandra Day O'Connor, an angry subtext reflected the divide over how to handle the nation's estimated 12 million illegal immigrants.

Opponents of the Arizona law clasped hands, prayed and held signs condemning it.

"The law is racist. The police are harassing us because of our brown skin," said Marta Calderon, who sat next to a painting of the Virgin Mary affixed with a sign saying "Stop SB1070," as the immigration law is known.

Nearby, Brandy Baron waved an American flag and expressed her support for the law and her "disgust" at efforts to overturn it.

"I am amazed that the Justice Department would have the nerve to sue us for trying to get laws that are already on the books enforced," she said.

http://www.washingtonpost.com/wp-dyn/content/article/2010/07/22/AR2010072201548_2.html?sid=ST2010072106582

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Mexico’s Deceit On Illegal Immigration

And Mexico is joining in the lawsuit against Arizona - thanks to the encouragement from Obama and Congressional Democrats!

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Arizona’s New Immigration Law Is Becoming A Prototype For Other States

Arizona’s new immigration law S.B. 1070, which has been relentlessly attacked by many liberals and the news media yet is overwhelmingly supported by Americans, is also serving as the prototype for immigration legislation in several other states as discussed below. Americans are sick and tired of the problems associated with illegal immigration: increased crime and violence, massive unreimbursed costs such as for healthcare, education, welfare, and the judicial system which are presently being paid by us through our tax dollars, burdens on our schools and even what is becoming a ubiquitous finding: bilingual signs and communications.

Despite this, the Obama Administration is fighting this law under the pretense that it necessarily requires “profiling”.  This is not the true reason, however, as the legislation is essentially a replica of the federal law that adds controls to mitigate the “risk” of profiling. (Of course, liberals want to label “profiling” a racist action when in fact profiling represents the most logical, efficient and prudent way to detect what one is looking for which in this situation, are illegal aliens.)

Among the real reasons that Obama is against the law is for political purposes. He wants more of the Hispanic vote. As we have noted in previous posts, the fact that he would intentionally keep the border unsecured which also affords terrorists the ability to sneak into this country, is inexcusable, irresponsible, contemptuous and actions of what could be termed an anti-President.

Let’s reiterate. Obama resolutely refuses to secure our borders for personal political reasons which consequently places America in much greater jeopardy for future terrorism by allowing terrorist to infiltrate undetected into our country. This also financially burdens all 50 states (or in his mind, 57 states) and their citizens who have to bear all the attendant costs associated with these illegals which is estimated to be around $113 billion per year.

And one more thing. Ideology and narcissism aside, the Obama Administration and some liberal groups state that the cost of deporting the entire illegal alien population would be prohibitively expensive – estimated to be $285 billion over 5 years. The cost for them staying here during these 5 years is $565 billion ($113 billion per year times 5 years).

Interesting! We could actually save $280 billion over these five years if these illegal immigrants were sent back where they came from. That is $56 billion per year in net savings which would then jump to more than $113 billion per year after these first 5 years.

No wonder the federal government is against this: it would save us money instead of being a money losing proposition which the Democrats feel more comfortable with!

Arizona Immigration Law Emerges as Model for Other States
July 7, 2010

Arizona’s immigration law, considered controversial by some and under legal assault by the Obama administration, is fast emerging as a popular model in other states where illegal immigration is a hot-button issue.

And while protests against the law have drawn thousands to marches across the country, polls have consistently showed a majority of Americans favor the get-tough approach against illegal immigration.

At least three other states could pass similar legislation next year, and in many others, like Florida, GOP candidates are filming campaign ads and pushing debates favoring the law.

Oklahoma, South Carolina and Utah have each taken steps against illegal immigration, and politicians in the three states are advocating further measures when their legislatures reconvene early next year, according to The Washington Post.

Meanwhile, lawmakers in at least 14 other states drew up bills that permit police officers to question anyone they suspect of being in the county illegally – the core issue of the Arizona law.

But it’s an open question in many of those states whether these bills would make it past sitting governors, many of whom are Democrats. In Oklahoma, South Carolina and Utah, however, political factors improve the chances that state legislatures could follow Arizona's lead when they convene in 2011, according to the Post.

Oklahoma was actually the first state, not Arizona, to adopt legislation that was the toughest ever against undocumented immigrants. That happened in 2007. The measure made it a felony to knowingly provide transport or shelter to an illegal immigrant, and blocked illegal immigrants from obtaining driver's licenses and tuition.

The lawmaker responsible for the measure, Republican state Rep. Randy Terrill, has said he wants to go even further with another bill next year that would seize property from businesses that knowingly employ undocumented immigrants.

Terrill cited the arrest of an alleged Mexican drug cartel member last week as evidence that an "Arizona-plus" measure is needed urgently. He said the effect of Arizona's law had been to push illegal immigrants "straight down Interstate 40" toward Oklahoma, according to the Post.

In South Carolina, GOP Gov. Mark Sanford touted a comprehensive set of new measures against illegal immigration as the strictest yet when he signed it into law in 2008. The measure forced businesses to check the immigration status of their workers.

Harboring and transporting illegal immigrants also became a state crime. State lawmakers want to build on it and were quick this year to draw up an Arizona-style bill, introducing it less than a week after the Arizona measure had been signed.

"We had a bill that was introduced this year that was very similar to the final version of the Arizona legislation. It was too late for us to move on it, but I have every expectation a new bill will be introduced in January," Republican state Sen. Larry Martin told the Post.

"As long as an officer has a lawful reason to question someone, and then a suspicion develops [that] they are an undocumented person, then I think our law enforcement folks ought to be able to pursue that," he said.

In Utah, pro-immigrant advocates fear that new legislation clamping down on illegal immigration is inevitable next year. Several lawmakers there are advocating a crackdown, according to the Post.

On paper, Arizona's controversial new immigration law is not that different from the federal version. But the key difference is this: Arizona wants every illegal immigrant caught and deported. The federal government says treating all 11 million of the nation's illegal immigrants as criminals would overwhelm the system.

In its lawsuit challenging the Arizona law, the Justice Department says its policy is to focus on dangerous immigrants: gang members, drug traffickers, threats to national security. Law-abiding immigrants without documentation would largely be left alone.

Homeland Security officials say the government cannot possibly find, arrest and deport everyone who is here illegally. And trying to do so would also upset a balance crafted by Congress that takes into account humanitarian interests and foreign relations.

But proponents of the Arizona solution insist that's no reason not to try. And they say the state's toughest-in-the-nation law is a reasonable way to start.

"If it's really the case that they don't have enough resources to enforce the laws that Congress has passed, it would seem it's incumbent on them to go back to Congress and ask for more resources," said Steven Camarota, research director at the center for Immigration Studies, a group that favors stricter enforcement of immigration laws. "But since they don't do that, it sort of undermines the argument."

Arizona's new law is nearly identical to federal immigration law. At issue is how it is enforced. The federal government says the state law is unconstitutional because it usurps federal authority to protect U.S. borders and American citizens. Arizona counters that the federal government is not doing its job, which forces state officials to step in.

State lawmakers argue that the federal government already enlists local authorities to identify illegal immigrants who have been arrested for other crimes. The new law, they say, just extends that to police patrols.

The federal government says the law goes too far by making it a state crime to be in Arizona illegally and requiring police to question the immigration status of anyone they encounter who is believed to be undocumented.

The furor over the Arizona law is overblown, Camarota said Wednesday. It does not envision mass deportations or roundups, just a slow but steady pressure on illegal immigrants to leave Arizona — either for their home countries or for another state.

The number of illegal immigrants in the country fell for the first time this decade in 2007, and dropped another 800,000 between 2008 and 2009, primarily due to the recession and increased enforcement efforts.

As of January 2009, an estimated 10.8 million people were in the country illegally, 1 million less than the 2007 peak, according to the Department of Homeland Security.

Deportations have been increasing, climbing from 185,944 in 2007 to 387,790 last year.

Many critics argue the federal government cannot selectively enforce immigration law, but it's common for law enforcement at all levels to prioritize. Small-time pot dealers do not receive the same level of investigation or prosecution as big-time heroin traffickers. The government has also tolerated medical marijuana in 14 states.

But Arizona's law has brought selective enforcement — and the differences that exist even among police agencies — into clearer focus.

Those differences are stark, even in the Phoenix metro area. Phoenix Police Chief Jack Harris says in an affidavit supporting the federal suit that he will probably have to move detectives focused on violent crime to street patrol because regular officers will be busy enforcing Arizona's new law.

But Maricopa County Sheriff Joe Arpaio, who has been at the forefront of the effort to empower local authorities to enforce immigration laws, routinely assigns deputies to crime sweeps where they target illegal immigrants.

The federal government is worried that other states will follow Arizona's lead, overwhelming federal agencies with non-criminal illegal immigrants who will cost the government millions to deport.

A March study by the liberal Center for American Progress estimated that deporting the entire illegal immigration population and securing the borders would cost $285 billion over five years.

In the government lawsuit, officials with Immigration and Customs Enforcement and Customs and Border Protection declared they will be forced to shift resources from major cases to minor ones if the law goes into effect as scheduled on July 29.

Five other lawsuits, filed by immigrant-rights groups, the American Civil Liberties Union and individuals, are already before a federal judge in Phoenix. The federal challenge filed Tuesday is expected to be transferred to the same judge, who has hearings set for next week on requests to block the law from taking effect.

The federal lawsuit focuses on a core constitutional concern — balancing power between the states and the federal government. More specifically, the issue centers on the long-running "pre-emption" legal argument that says federal law trumps state law.

The government sidestepped concerns about the potential for racial profiling and civil rights violations most often raised by immigration advocates. Experts said those are weaker arguments that do not belong in a federal legal challenge.

Material from the Associated Press was used in this story.

http://www.newsmax.com/Headline/US-Immigration-Enforcement-Lawsuit/2010/07/07/id/364048

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Comparing Theodore Roosevelt’s Philosophy On Immigrants To Obama’s: Constructive and Sensible Versus Divisive and Ruinous

The immigration debate today is... well not really a debate. In both actions as well as verbally (to Sen. John Kyle of Arizona), Obama has recklessly and corruptly indicated the he will make sure that the United States continues to have open, unsecured borders until an agreement can be reached in a comprehensive reform that includes full amnesty for illegals.

Furthermore, his comments promote divisiveness among the states, specifically encouraging verbal and economic attacks on Arizona which is trying to protect itself from being overrun by the violence of the Mexican drug cartel and gangs and the deluge of destitute illegal aliens who are creating a budgetary crisis  due to the billions of dollars a year that they cost the state.

Obama is the anti-President, one who seeks to divide and destroy rather than unite and protect. Such is the bedrock of his radical anti-American philosophy.

If you questions this assessment, just scrutinize his destructive, freedom restricting, financially reckless, disdainful actions and inactions over his first 18 months in office. To gain further insight, we also suggest that you read the recent bestseller, the Manchurian President by Aaron Klein.

Contrast this to the philosophy of Teddy Roosevelt on immigrants from over 100 years ago. Below are some of his thoughts on Immigrants and being an American:

"In the first place, we should insist that if the immigrant who comes herein good faith becomes an American and assimilates himself to us, he shall be treated on an exact equality with everyone else, for it is an outrage to discriminate against any such man because of creed, or birthplace, or origin. But this is predicated upon the person's becoming in every facet an American, and nothing but an American...There can be no divided allegiance here. Any man who says he is an American, but something else also, isn't an American at all. We have room for but one flag, the American flag... We have room for but one language here, and that is the English language.. And we have room for but one sole loyalty and that is a loyalty to the American people."
From 1907

"Let us say to the immigrant not that we hope he will learn English, but
that he has got to learn it. Let the immigrant who does not learn it go
back. He has got to consider the interest of the United States or he
should not stay here. He must be made to see that his opportunities in
this country depend upon his knowing English and observing American
standards. The employer cannot be permitted to regard him only as an
industrial asset."

"We must in every way possible encourage the immigrant to rise, help him
up, give him a chance to help himself. If we try to carry him he may
well prove not well worth carrying. We must in turn insist upon his
showing the same standard of fealty to this country and to join with us
in raising the level of our common American citizenship."

Roosevelt strongly called for assimilation of these immigrants so they would become equal "Americans". This would be best served with the need for them to learn to speak English which would allow them to advance and become productive citizens. This is a constructive, positive approach.

What does Obama encourage? Essentially a balkanized America where illegal immigrants are granted rights, privileges, and services and allowed to maintain their primary allegiance to their homeland - and with nothing expected in return. Except, of course, their votes as Democrats. A destructive, financially ruinous, welfare dependency approach.

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Obama’s Ineptness, Lack of Leadership and Radical Ideologies Have Exacerbated Crises

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Unbelievably, Some Federal Agencies May Be Boycotting Arizona Because of Its New Immigration Law To Protect Its Citizens!

In yet another approach, several agencies of the federal government under the Obama Administration appear to be enacting their own boycott of Arizona due to its new immigration law. Whether this is partially a consequence of tacit pressure from above is not entirely clear. Nevertheless, such actions by federal agencies are whole inappropriate and should not be tolerated – at least without consequence.

Though it may be a novel idea, why don’t the federal agencies actually just attend to the business that they were authorized to engage in? After all, they are supposed to serve the citizens of this country, not attack or wantonly thwart their constructive efforts and activities.

Wouldn’t it be great if all Arizonans could deduct from their federal income taxes the cost that each has to bear in the state to deal with the illegal alien problem which is around $420 per citizen per year? After all, these expenses are directly related to the federal government not fulfilling its legal responsibility to protect and secure the border. They are not doing their job – so they shouldn’t get “paid” for it.

Furthermore, the state of Arizona should countersue the federal government to recoup all its accrued illegal alien related costs plus punitive damages for the federal government’s willful abdication of mandated (legal) responsibility.

Arizona Dem: Federal Agencies Nixing Conventions Over State's Immigration Law
FOXNews.com June 24, 2010

Two federal agencies have joined the "boycott Arizona" trend and nixed conferences there out of concern over the state's immigration law, a Democratic Arizona congresswoman said, calling the development "very troubling."

Any cancellations by the Department of Education and the U.S. Border Patrol may have been more out of a desire to steer clear of controversy than outright protest of the law. But Rep. Gabrielle Giffords, who has written to dozens of cities and groups in a campaign to persuade them to end their boycotts, said it was disturbing to learn that the federal government would withdraw from the state over the issue.

"It is very troubling when the federal government becomes involved in a boycott against our state," Giffords said in a written statement. "Although I personally disagree with the immigration law, it came about because of growing frustration over the federal government's unwillingness to secure the border. The federal government's participation in this boycott only adds to that frustration."

The Department of Education issued a statement to Fox News confirming that a program administrator, though not the Education Department itself, canceled a 2010 convention "at the request of one of our trilateral partners."

According to Giffords, the department's North American Mobility program convention set for October at a Tucson resort was nixed after the Mexican government said it would not send any representatives to the meeting. The department then moved the event to Minnesota.

Further, her office said the Border Patrol "verbally" canceled a conference set for May at a resort in Prescott after an official asked that it be moved out of concern over the immigration law debate. The Border Patrol -- which has more than 4,000 agents in Arizona, representing nearly a quarter of its force -- had booked 40 rooms for the event before canceling, though there was no contract signed for the event, according to Giffords' office.

The Border Patrol disputed the claim, saying in a statement it had "not canceled any conferences in Arizona."

"We conducted a thorough review across our organization to ensure this is, in fact, the case," the statement said.

But Giffords' office said the cancellations were confirmed by the Arizona Hotel and Lodging Association. The congresswoman is among a number of Arizona officials who argue that the boycotts imposed by cities across the country do nothing to change the law and only punish workers and businesses there. The boycotts would hit the hospitality industry, which is made up in large part of Hispanic workers, particularly hard.

Colleagues in Arizona slammed the federal government over the cancellations on Thursday. Rep. Ann Kirkpatrick, D-Ariz., called the news "very disappointing."

Arizona Republican Rep. Trent Franks said the apparent cancellations show the administration is using "federal agencies as political tools" to "harm our state's economy for having the audacity to protect our citizens."

"These boycotts completely disprove the Obama administration's disingenuous claims that they are in any way interested in strengthening border security," he said in a written statement to FoxNews.com.

In the letter she has been sending to cities and groups that have imposed boycotts, Giffords wrote that the punitive measures have "unfairly targeted" her state's businesses.

The Obama administration is planning to file suit against the Arizona law, citing its sustained concern about the move to subject some residents to routine checks on their immigration status.

So far, a couple of cities have written Giffords back defending their actions against her state.

El Paso Mayor John Cook wrote in a letter to the congresswoman June 10 that his city was not "condoning" illegal immigration by passing a resolution that prohibits city officials from attending conferences in Arizona.

He said his city's measure, though not a full-fledged boycott, emphasizes the importance of passing a comprehensive immigration overhaul and "expresses our concerns with the possibility of law enforcement racially profiling people."

Austin Mayor Lee Leffingwell also wrote this month that its ban on employee travel to the state -- and a reconsideration of city contracts there -- was imposed out of concern for racial profiling.

http://www.foxnews.com/politics/2010/06/24/arizona-dem-accuses-federal-agencies-nixing-conventions-immigration-law/

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Obama Continues To Lie And Try To Thwart Arizona’s Ability to Protect Itself and the Rest of the Country

The Obama Administration egregiously lied to Arizona Governor Jan Brewer regarding the federal government’s assistance on illegal immigration. Instead, through a Hillary Clinton information leak while in South America, it was revealed that he would instead sue Arizona regarding its new illegal immigration law.

Both the impending action and the way this was exposed are  despicable!

Compounding the corrupt and destructive and obstructive behavior of Obama, he told Arizona Senator Kyl that he had no intention whatsoever of securing the border until a comprehensive immigration solution was passed.

That’s right. He is subjecting Arizona as well as the rest of the country to invasion by violent Mexican drug gangs and members of the drug cartel, countless illegal aliens as well as Islamic terrorists from around the world.

And this is all for political reasons to serve his purposes.

This is not the action of a President of the United States. This is the action of an anti-President. A mole. Someone who does not care about the welfare of this country and who would rather see it harmed or destroyed.

Obama has stated this in his own words in a variety of ways. His actions over the last year and a half comport with this pernicious desire.

Obama Must Be Removed From Office!

Support Arizona Governor Jan Brewer in her battle to protect the state of Arizona as well as the rest of the United States against the malignant actions of Obama and his administration.

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Actor Jon Voigt Assails Obama Once More In An Open Letter

The following is an open letter written by actor Jon Voight to President Obama:

June 22, 2010

President Obama:

You will be the first American president that lied to the Jewish people, and the American people as well, when you said that you would defend Israel, the only Democratic state in the Middle East, against all their enemies. You have done just the opposite. You have propagandized Israel, until they look like they are everyone's enemy — and it has resonated throughout the world. You are putting Israel in harm's way, and you have promoted anti-Semitism throughout the world.

You have brought this to a people who have given the world the Ten Commandments and most laws we live by today. The Jewish people have given the world our greatest scientists and philosophers, and the cures for many diseases, and now you play a very dangerous game so you can look like a true martyr to what you see and say are the underdogs. But the underdogs you defend are murderers and criminals who want Israel eradicated.

You have brought to Arizona a civil war, once again defending the criminals and illegals, creating a meltdown for good, loyal, law-abiding citizens. Your destruction of this country may never be remedied, and we may never recover. I pray to God you stop, and I hope the people in this great country realize your agenda is not for the betterment of mankind, but for the betterment of your politics.

With heartfelt and deep concern for America and Israel,

Jon Voight

http://www.washingtontimes.com/news/2010/jun/22/dear-mr-president-jon-voight/

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