Tuesday, July 27, 2010

77 House Members and 5 Senators File Court Brief in Support of Arizona

More than 80 Members of Congress have filed a friend-of-the-court brief in support of Arizona against the lawsuit filed two weeks ago by the Justice Department. The Federal Government and Justice Department argue that Arizona's new immigration enforcement law preempts power granted to the federal government, but the Members of Congress argue in their brief that not only does it not preempt federal authority, but Congress encourages states to assist in the enforcement of immigration laws.

One claim set forth by the Justice Department is that the Department of Homeland Security has chosen to be selective in their enforcement of immigration laws, and since Arizona's bill isn't selective it oversteps the Department's authority. The Members of Congress argue, however, that DHS receives its authority to enforce immigration laws from Congress, and as long as Arizona's law doesn't overstep Congress, the law is valid...

[Full Article]