Justice Department considers suing Arizona to block immigration law (WaPo)

[jefferson_dem]

Justice Department considers suing Arizona to block immigration law

By Jerry Markon and Anne E. Kornblut
Washington Post Staff Writer
Thursday, April 29, 2010; A03

Officials in the Obama administration are urging the extraordinary step of suing Arizona over its new immigration law, and the Justice Department is considering such an action to block the legislation from taking effect, government officials said Wednesday.

The Arizona law criminalizes illegal immigration by defining it as trespassing and empowers police to question anyone they have a "reasonable suspicion" is an illegal immigrant. President Obama and Attorney General Eric H. Holder Jr. have blasted the legislation, with Obama saying that it "threatened to undermine basic notions of fairness."

"The president had strong words to say and the attorney general had strong words to say," said one law enforcement official, who spoke on the condition of anonymity because no decision has been made. "Considering that it's signed into law, and Arizona is doing a lot of pomp and circumstance, do you see a friendly way out of this?"

A key legal ground being considered, officials said, is the doctrine of "preemption" -- arguing that the state's law illegally intrudes on immigration enforcement, which is a federal responsibility.

The White House probably will make the final call, given that the issue is fraught with legal and political implications. Senior administration officials indicated
Wednesday that Holder's remarks about the legislation -- he said he is "very concerned" that it could drive a "wedge" between law enforcement and immigrant communities -- should be taken very seriously.

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http://www.washingtonpost.com/wp-dyn/content/article/2010/04/28/AR2010042805838_pf.html

[Clio the Leo]

1. Kick. NT

[tavalon]

2. Screw the doctrine of preemption

How about the fourth amendment to the United States Constitution!!!!???

[jefferson_dem]

3. I believe that sort of claim must be initiated by a citizen who has been harmed by the law.

Until then, the "civil liberties" question is not ripe. This law would seem to a violation of basic civil rights as it tramples pretty hard on the "equal protection clause" of the 14th Amendment. Hopefuly, we will not see a test case and the feds will knock this down right now.