The U.S. Department of Justice filed a lawsuit vs the state of Arizona in federal court today. This lawsuit was prompted by the controversial SB1070, and will argue that federal law trumps the state statute and that enforcing immigration law is a federal responsibility. Additionally, the Department of Justice has requested a preliminary injunction to delay enactment of the law, arguing that the law’s operation will cause “irreparable harm.”
The American Immigration Council supports this action as does Feldman Feldman and Associates. “The federal government is taking an important step to reassert its authority over immigration policy in the United States, said Benjamin Johnson, Executive Director of the American Immigration Council. “While a legal challenge by the Department of Justice won’t resolve the public’s frustration with our broken immigration system, it will seek to define and protect the federal government’s constitutional authority to manage immigration.”
America only has one immigration system despite states efforts to impose their local policies, priorities, and politics.
Hopefully, this lawsuit will allow the courts to assert where the states authority begins and ends.