Border Boletín: Federal lawsuit to prevail?

2010-07-09T11:50:00Z 2010-07-13T14:36:30Z Border Boletín: Federal lawsuit to prevail?Brady McCombs Arizona Daily Star
July 09, 2010 11:50 am  • 

Echoing what University of Arizona law professor Gabriel “Jack” Chin told me for our story on Thursday, the LA Times ran a story today with the headline, “Arizona immigration law unlikely to survive federal lawsuit."

The story takes a look at what might happen with the pending Department of Justice lawsuit against Arizona about its new immigration enforcement law.

Here’s an excerpt:

Washington, DC -- Arizona's law giving local police immigration enforcement powers is likely to be struck down, most legal experts predict, now that the Obama administration has gone to court asserting that it conflicts with federal law.

They cite the longstanding principle that the federal government has exclusive control over immigration and that 'no state can add or take away' from the policy set in Washington.

However, they caution that one large uncertainty is that the current Supreme Court has not ruled directly on such a state-federal clash over immigration.

Traditionally, the federal government's view carries extra weight in disputes over immigration.

'It's one thing for MALDEF [Mexican American Legal Defense and Educational Fund] or the ACLU to say this [Arizona law] interferes with federal policy. It is quite a different thing when the federal government goes to court and says it,' said Jack Chin, a University of Arizona law professor. 'The clear rule has been that states do not have the power to regulate immigration.'

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Speaking of Chin, here is a link to a research paper he wrote with three others (Carissa Byrne Hessick of the Arizona State Sandra Day O'Connor College of Law; Toni M. Massaro of the University of Arizona College of Law; and Marc L. Miller of the University of Arizona James E. Rogers College of Law) about the state law, a “white paper” if you will:

• Arizona Senate Bill 1070: A Preliminary Report

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Here’s another story looking at the upcoming legal decision:

• Arizona Immigration Law Causes Constitutional Clash

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By the way, a judge will hear the argument for injunction on July 22, as reported by Howard Fischer in this story: Hearing on Justice Dept. injunction request set for July 22

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You can read the full lawsuit in the box a the upper left.

In that same box, I have posted PDFs of affidavits submitted in conjunction with the Department of Justice lawsuit from Tucson Police Chief Roberto Villaseñor, Santa Cruz County Sheriff Tony Estrada and U.S. Customs and Border Protection deputy commissioner David Aguilar.

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