The Immigration Debate – DOJ Files Suit Against Arizona – Bullet Points & Legal Cites – Your “Cliff Notes” On The Arizona Suit
I’m including “links” to shorten your verification process ….
1) DOJ suit against State of Arizona: http://legaltimes.typepad.com/files/usa_v_arizona.pdf
The suit’s 3 causes of action are listed on pages 23 & 24 of the 25 page suit.
2). DOJ memo 04/23/2002 refuting all three causes of action listed in the current DOJ suit. http://www.aclu.org/files/FilesPDFs/ACF27DA.pdf
3) I’ve cobbled together several “law review” articles and the legal sites to a dozen of the relevant case decisions here: https://mcauleysworld.wordpress.com/2010/07/09/the-immigration-debate-04232002-doj-memo-directly-contradicts-basis-of-obama-lawsuit-against-arizona/
I have a very different take on how this debate is being “defined” and that the issue of “framing” the debate is still being controlled by the media and the fact that the media is so very slanted in its reporting on this matter.
A). Arizona’s new law isn’t an “Immigration Law” at all – it is a “law enforcement statute”. – The Arizona statute does not set a single quota or define a single crieria for admitting a foreign national to the United States – the “true” subject matter of Immigration Law.
B) The Arizona Law is administrative in nature as is described in several of the Federal Court Opinions sited in my blog article..
C). Arizona is not moving to change Federal Immigration Law – Arizona’s intent is to enforce existing federal law ….
D). The party moving to “change” this Nation’s laws, through a drastic reinterpretation of existing Federal statutes, is the Plaintiff or the Executive Branch, specifically Obama’s DOJ and AG Holder.
The 04/23/2002 DOJ memo indicates that post 09/11/2001 the Federal Government waived any claim to preemption or supremacy when it came to the concurrent enforcement of our immigration laws. Congress specifically expanded the role played by state law enforcement post 9/11. Congress has had 8 years to act on the memo or to revise the Statutes it passed after 9/11 and has not done so …
The memo was routinely criticized by the ACLU and the rest of the far left when it was first issued in April 2002, however, no Congressional action was taken to address the pronouncements of the far left or to amend the statutes upon which the 04/23/2002 memo is based …. today, the Holder DOJ simply wants to ignore the 04/23/2002 memo and its holdings and to reverse a long standing policy of the United States Government …..
Once waived by the Executive Branch, “preemption” and or “supremacy” must be reclaimed by Congress …. not the Executive Branch ….
Filed under: Arizona Immigration Law, DOJ, DOJ sues Arizona, Illegal Immigration, Immigration, Immigration Quotas Tagged: | DOJ sues Arizona, Illegal Immigration, Immigration, The Immigration Debate, Your "Cliff Notes" on the DOJ lawsuit against Arizona