Obama sues Arizona
As expected, the United States Department of Justice is apparently filing suit againt the state of Arizona over its immigrant law. Apparently Eric Holder will be running with a pre-emptive supremacy clause. The way I understand it is Holder will be arguing that federal law trumps state law.
And it does.
And Holder will lose.
The reason being is the Arizona law does not interfere with a person’s efforts to become a citizen or if they are here legally. Both cases are determined by federal law. However, federal law also states, via Sec. 212. [8 U.S.C. 1182] that if a person is here illegally:
…. who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 211(a) , or …….
That is what Arizona is enforcing and that is what people are freaking out over. So, what Holder has to argue is that statement does not mean what the Arizona SB 1070 means with:
A REASONABLE ATTEMPT SHALL BE MADE, WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THE PERSON’S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).
And if they are indeed here illegally, as determined by the federal government, they will be arrested.
It makes no sense to me that determining a local execution of a federal law could be in any way a conflict.
It’ll go through its hoops, but I predict two outcomes:
- It will lose very quickly if the premise presented is indeed what is pursued.
- Obama won’t stand a ghost chance in hell of getting any Democrats elected in Arizona. And they know it.
This will get ugly. Fortunately Obama’s got NASA appearing on Al Jazeera searching for support within the Muslem astronomy community.