Obama says No No No Arizona - How Dare You Try Stopping The Illegal Invasion!

[Christians4LessGvt]

Justice Dept. Challenges Arizona Over
Other Immigration Law Targeting Employers

By Jim Angle

June 03, 2010

The Obama administration is asking the Supreme Court to overturn an appeals court decision that
upheld Arizona's right to punish employers for hiring illegal immigrants.

The Arizona law gives the state the right to suspend or terminate business licenses.

"If you hire a person in this country illegally knowingly, you'll lose your license. First offense, 10 days.
Second offense, revocation, never to do business in the state of Arizona again," said Arizona state
Sen. Russell Pearce, a Republican who helped draft the new controversial Arizona law that cracks
down on illegal immigrants.

The Obama administration apparently worries letting that law stand would leave in place a precedent
that states have a legitimate role in enforcing immigration laws, a notion the administration fiercely opposes.

"The argument that the Justice Department is making here, is you know, the fundamental question, which is
where does state authority begin and end when it comes to federal immigration law?" said Benjamin Johnson,
executive director of the American Immigration Council.

The Arizona statue relies on a law passed by the U.S. Congress in 1986, which made clear federal law preempts
the states on immigration, but left one exception: "The provisions of this section preempt any state or local
law imposing civil or criminal sanctions (other than through licensing and similar laws) upon those who employ
unauthorized aliens."

"Congress said very clearly that licensing and similar laws can be used to impose consequences on employers
who hire unauthorized aliens at the state level," said Kris Kobach, a law professor at the University of Missouri,
Kansas City. "And that's exactly what Arizona did."

Oddly enough, the law in question was signed in 2007 by then-Gov. Janet Napolitano, now Obama's Homeland
Security secretary.

Not only that, but the law was upheld by the 9th Circuit Court of Appeals in San Francisco.

"And bear in mind that 9th Circuit is generally regarded as one of the more liberal circuits in the United States
and so the Obama administration, evidently, believes that the 9th Circuit views on this question is too
conservative for this administration," Kobach said.

And this is yet another issue in the ongoing tug of war between Washington and the states, especially Arizona.

"The idea that states can't be involved in immigration law in any way is wrong," Johnson said. "The states have
always had a role to play in immigration enforcement. The tricky part is defining where that authority begins and ends."

http://www.foxnews.com/politics/2010/06/03/justice-dept-challenges-arizona-immigration-law-targeting-employers/

[Kramer]

after the next elections his powers will be curbed.

[sirs]

I really hope this can get fast tracked, so the Supreme Court can rule on this before the Nov Elections.  He's really gone off the deep end now.  His whole justice dept taking....how long has it been now?...to rake over the AZ law, a whopping 20pages, trying to find some chink in its armor.  Hard to do with it largely mirrors Federal law.  And the best that they can do is go after that, which was a campaign platform for many GOP & Democrats alike, referencing the need to go after employers that knowingly hire illegal immigrants

THIS is what they're going to hang their justice hat on?...overturning the effort to hold those who knowingly hire illegal immigrants accountable

Up is down, wrong is right, and the sky is green, in socialist land

[BT]

Could be an interesting case, goes to the heart of the sovereignty of a state and the ability of a state to pass laws that help govern within it's borders. The question then becomes are immigration laws constitutional and only the domain of the feds.

[sirs]

Absolutely.  And since this was made law in both '86 & 96, where states could co-enforce Federal immigration law, not sure what leg the Justice Dept could be standing on

I wonder how eager Obama is to have this in front of SCOTUS.  My bet is that it's not fast tracked, and in fact, is made sure to be put off until after the Nov elections, so they can play the political game of "claiming" to be dealing with the misplaced AZ law, providing all the rhetorical fodder, of what this law could supposedly lead to, the inferred racists & white supremecists supporting the law, how it would supposedly treat legal immigrants, all the while hiding behind the fact there's nothing to hang their hat on, as it relates to any judicial rulings or even precedent