Obama Sues Arizona! Any Lawyers about?

amicus

Literotica Guru
Joined
Sep 28, 2003
Posts
14,812
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
No.
COMPLAINT

Plaintiff, the United States of America, by its undersigned attorneys, brings this civil action for declaratory and injunctive relief, and alleges as follows:

INTRODUCTION

1. In this action, the United States seeks to declare invalid and preliminarily and permanently enjoin the enforcement of S.B. 1070, as amended and enacted by the State of Arizona, because S.B. 1070 is preempted by federal law and therefore violates the Supremacy Clause of the United States Constitution.

2. In our constitutional system, the federal government has preeminent authority to regulate immigration matters. This authority derives from the United States Constitution and numerous acts of Congress. The nation’s immigration laws reflect a careful and considered balance of national law enforcement, foreign relations, and humanitarian interests.

Congress has assigned to the United States Department of Homeland Security, Department of Justice, and Department of State, along with other federal agencies, the task of enforcing and administering these immigration-related laws. In administering these laws, the federal agencies balance the complex – and often competing – objectives that animate federal immigration law and policy.

Although states may exercise their police power in a manner that has an incidental or indirect effect on aliens, a state may not establish its own immigration policy or enforce state laws in a manner that interferes with the federal immigration laws. The Constitution and the federal immigration laws do not permit the development of a patchwork of state and local immigration policies throughout the country.

3. Despite the preeminent federal authority and responsibility over immigration, the State of Arizona recently enacted S.B. 1070, a sweeping set of provisions that are designed to “work together to discourage and deter the unlawful entry and presence of aliens” by making “attrition through enforcement the public policy of all state and local government agencies in Arizona.”

Remainder of lawsuit here: http://tucsoncitizen.com/view-from-...laint-filed-against-arizona-on-sb-1070-by-us/

~~~

The politics of this matter are omnivourous, feeding on Party Affiliation, States Rights, Immigration Policy, Amnesty, and much more.

What do you think is a solution to the estimated 20,000,000 million people now living in the United States without formal citizenship?

What are the political implications of this lawsuit, win or lose, for the upcoming November Mid Term Elections? Why?

No summer doldrums this year, eh?


:)

Amicus
 
The US Law already authorizes states to enforce federal immigration law; so the lawsuit is a red herring that will fail judicial review at the Supreme Court.

Did states enforce Prohibition? Yes.

Do states enforce Civil Rights Law? Yes.

Besides, when Obama pissed all over the Supremes at the State of the Union Address he really pissed on himself.

Obama isnt enforcing federal immigration law, so the states can do it by themselves.

If the states had the room they could arrest illegals and detain them till the feds get them. Obama has no intention of taking custody, so illegals rotting in jail waiting for INS embarrasses Obama.
 
Last edited by a moderator:
Yeah, well, it's just Obama trumping up his "I" in team movement.

It will be tromped on as it goes up the food chain.

It don't mean nothing, except spending more of that money we ain't got, way to go BO. Dumbass.

ETA: If I was a judge and thank your lucky stars I'm not, I would throw that Police Chiefs statement out for the typo in the fourth point.
 
Last edited:

~~~

Ever the pragmatist, Pure, and the cost/benefit advocate.

I would speculate that the Officer did not write this statement, but that is my opinion and just that.


2. As Chief of Police, I am responsible for protecting and ensuring the public safety of all people living and traveling in my jurisdiction, regardless of their immigration status.

. As Chief of Police, I am also responsible for establishing policies and priorities for the department and my officers.

The Chief of Police of any city, large or small, any County Sheriff and any State Trooper, all law enforcement agencies, perform under the auspices of the Legislation enacted at the State level. He has no grounds for this argument.

4. a weak economic argument…

. The new law takes away my discretion as the Chief of Police to administer police resources as I see fit for the protection and betterment of the community, which is my foremost duty.

It, again, is not at the discretion of the Chief of Police, rather the City officials who are subordinate to State authorities.

The concern is not over persons illegally present, but rather with legal citizens of the United States, who may, they believe, experience unnecessary and prolonged police contact based on their appearance of national origin or ethnicity. They fear the legislation codifies racial profiling, despite its wording, and such fear could destroy the good relationships that currently exist between police and local communities that have taken years to build through our efforts in community policing.

That is a real possiblity and viewed from the cost/benefit concept seems viable. It is not.

There exists a virtual state of war in the border States and elsewhere and American citizens of all ethnic varieties are subject to criminal activities perpetrated by non citizens and drug cartel bullies. The primary concern of all law enforcement authorities is to protect legitimate citizens of the United States. That some may be wrongfully accused is a sad commentary on the failure of the Federal Government to enforce border law.



7. The financial cost to our community will also be high when SB 1070 becomes law July 29, 2010. The law mandates that police officers shall verify the immigration status of all arrestees prior to their release. The result will be the detention and incarceration of vast numbers of arrestees that up until now have been simply cited and released for various offenses.

Everify: a simple solution to identity.

8. Another extremely expensive and negative result of SB 1070 may be the potential costs due to lawsuits that can arise from another provision of the legislation.

Wrongful arrest and detention should be subject to lawsuits, but the above is speculation and is so worded.

10. While I agree that something must absolutely be done to tackle the problems associated with illegal immigration into this country, the means of shifting the burden of immigration enforcement and responsibility from Federal to local authorities cannot be justified nor sustained. We cannot bear the burden of the Federal government’s financial and legal responsibilities. We cannot bear the destruction of our relationships with our local community that we so vitally need in order to be successful in our mission to protect the public and make our City a better place to live with an excellent quality of life.

It has been stated that the entire lawsuit was filed to prompt or force the Federal Government to enforce in-place Immigratiion Laws.

It has also been identified aa a 'measure of last resort', as State Officials are fully aware that they cannot afford to enforce Federal Law without Federal Funding.

This is more than a 30 year old crisis brought to a head by the initial Suit by Arizona. One can easily conclude that the litigation has served its' purpose.


Amicus....who is not a legal eagle...:)
 
Can't we just impeach Obama and move on? I mean he's already stepped on his own dick, multiple times...
 
Can't we just impeach Obama and move on? I mean he's already stepped on his own dick, multiple times...[/QUOTE]

~~~

A popular thought, impeachment...but then...who do you prefer, Bidet or Pelousy?;)

ami

edited to add:

Miss_Pixie is online now
Join Date: Jun 2010
Location: Indiana
Posts: 101

YOU WENT AND LOST YOUR VIRGIN STATUS AND i WASN'T EVEN THERE! DAMN!

Ah, I can't add a smile or a heart or even a flower...take ur pick!

ami
 
Last edited:
Ok fine... he can finish this term... maybe if he fucks up on a more regular basis we can make a drinking game out of his dropping approval rating or something... or maybe out of the times Bidden drops the F bomb...:D
 
What a lovely circle jerk you have going on here.

I don't need to play "my dick is bigger..." so I'll find some intelligent conversation elsewhere.
 
At least you made two posts without a swear word...you're making progress of a sort. ;)

On a porn board, bitching about "swear words."

Grow the fuck up. (have fun with that one)

They're just words. The only reason they're "dirty" is because you make them so.

Again...grow up.
 
You almost made it. What a shame. :(

I don't give a rat's ass what you think. When will that ever make it through your thick skull?

You used to be cool. What the hell happened to you?
 
Back
Top