Legal Commentary

DOJ Seeks Injunction Against AZ Immigration Law

By Jeralyn

Update: Via Politico, Here is a copy of the Complaint filed today.

The Department of Justice will file its legal challenge to Arizona's immigration law, SB 1070, as early as today. It will seek an injunction to prevent the law from going into effect.

The lawsuit will rely on pre-emption (through the Supremacy Clause) but it's also expected to contain a civil rights claim.

But the filing is likely to have a civil rights component as well, arguing that the Arizona law would lead to police harassment of U.S. citizens and foreigners, said the sources, who spoke on condition of anonymity because the government has not announced its plans. President Obama has warned that the law could violate citizens' civil rights, and Attorney General Eric H. Holder Jr. has expressed concern that it could drive a wedge between police and immigrant communities.

[More...]

The law is set to take effect on July 27. Via CNN:

The law, which is scheduled to take effect at the end of July, requires immigrants to carry their alien registration documents at all times and requires police to question people if there's reason to suspect that they're in the United States illegally. It also targets businesses that hire illegal immigrant laborers or knowingly transport them.

The AP:

The law makes it a state crime for legal immigrants to not carry their immigration documents and bans day laborers and people who seek their services from blocking traffic on streets.

The law also prohibits government agencies from having policies that restrict the enforcement of federal immigration law and lets Arizonans file lawsuits against agencies that hinder immigration enforcement.

Full post as published by TalkLeft on July 06, 2010 (boomark / email).