Department of Justice Files Suit Challenging Arizona Immigration Law

The Department of Justice (DOJ) has filed a lawsuit in federal court against the state of Arizona challenging the Constitutionality of S.B. 1070, an Arizona state law set to take effect on July 29, 2010.  The law requires police to ascertain the immigration status of those who come in contact with local law enforcement if there is “reasonable suspicion” the person is in the country illegally. DOJ’s lawsuit alleges that sections one through six of S.B. 1070 violate the Constitution’s supremacy clause, because it is the responsibility of the federal government, rather than the states, to set immigration policy and enforce immigration laws. The lawsuit does not challenge sections of S.B. 1070 that relate to employment verification and the impoundment of vehicles used to harbor or transport undocumented individuals. The Department of Homeland Security and the Department of State are also plaintiffs in the suit. The DOJ has asked the court to issue an injunction to prevent S.B. 1070 from going into effect while the court considers the merits of the suit.

Speaking on CBS’ Face the Nation, Attorney General Eric Holder said that the DOJ would consider expanding its lawsuit against Arizona if S.B. 1070 goes into effect and its enforcement proves to disparately target Hispanic communities.

Sources:

Department of Justice Complaint, July 6, 2010.

USA Today, Obama team’s lawsuit against Arizona could expand, July 12, 2010.