DOJ Files Suit against Arizona over Immigration Law

Carin Zissis
July 8, 2010

The Department of Justice filed a lawsuit against Arizona to halt SB1070. (AP Photo)

The Obama administration had hinted at it and the wait is now over: On July 6 the U.S. Department of Justice filed suit  to halt enforcement of Arizona’s controversial immigration law. The brief argues that SB1070, passed in April and scheduled for July 29 implementation, obstructs Washington’s authority over immigration law and that “the Constitution and federal law do not permit the development of a patchwork of state and local immigration policies throughout the country.” By including such language, the Justice Department not only hopes to achieve an injunction against the law in Arizona’s U.S. District Court, but also to stem a spate of copycat legislation in other states. Moreover, the brief makes the case that SB1070 will hinder both local policing and national security efforts. “Arizonans are understandably frustrated with illegal immigration, and the federal government has a responsibility to comprehensively address those concerns,” said U.S. Attorney General Eric Holder. “But diverting federal resources away from dangerous aliens such as terrorism suspects and aliens with criminal records will impact the entire country’s safety.”

The brief came from the Justice Department, not the White House, but was filed within days of U.S. President Barack Obama’s delivery of a speech urging comprehensive immigration reform in which he described Arizona’s law as “ill conceived.” Critics of the immigration law say it will lead to racial profiling, given it inclusion of a clause allowing police officers to request identification in cases “where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States.”  While SB1070 has fanned the flames of the immigration debate domestically, it has drawn attention abroad as well. While touring Latin America in June, the first question posed in a televised interview with U.S. Secretary of State Hillary Clinton addressed the Arizona law. In her response, Clinton revealed the Justice Department’s plan to file a lawsuit.

SB1070 makes illegal immigration a criminal offense and has already drawn a series of lawsuits. JURIST reports that the American Bar Association filed an amicus curiae brief against the bill last week. In May, the American Civil Liberties Union (ACLU) filed a class-action lawsuit against the bill. Last month, the Mexican government, which has also issued a travel warning against Arizona, supported the ACLU lawsuit with submission of an amicus curiae brief.These suits come on top of others, including those filed by the city of Tucson, Arizona,  and the National Coalition of Latino Clergy and Christian Leaders.

In response to the Justice Department’s lawsuit, Arizona Governor Jan Brewer defended the immigration law’s constitutionality. “As a direct result of failed and inconsistent federal enforcement, Arizona is under attack from violent Mexican drug and immigrant smuggling cartels,” said Brewer in a statement.  However, a June fact sheet  published by the Center for American Progress found a drop in Arizona’s violent crime rates in recent years, no efforts of “spillover” violence from Mexico in border cities, and a correlation between public safety and immigration.

Legal challenges and boycotts could spell economic repercussions  for Arizona. Businesses serving the state’s large Hispanic population have reported drops in customers while Latinos are reportedly fleeing Arizona ahead of the July 29 implementation of SB1070. Among those protesting the law are governors of Mexico’s six border states, leading to the cancellation of Arizona as the host state of September’s Border Governors Conference.

Learn more:

• Read reactions from the private sector to SB1070 at AS/COA’s Hispanic Integration Hub.
• Justice Department release about its challenge to the Arizona law, including links to the complaint and brief filed in Arizona District Court.
• Statement by Arizona Governor Jan Brewer in response to the DOJ's lawsuit.
• Website of the U.S. District Court, District of Arizona, where the suit was file, carries information about the case United States of America v Arizona, State of, et al.
• JURIST coverage of the Justice Department lawsuit.
• SCOTUS Blog reports that the Justice Department’s lawsuit calls for “a preliminary injunction to immediately bar enforcement while the case proceeds in court, and then a permanent injunction to nullify it.” The case has been assigned to District Judge Neal V. Wake of Phoenix.
• Transcript of U.S. President Barack Obama’s July 1 speech regarding immigration reform.

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