U.S. Department of Justice sources have confirmed that Attorney General, Eric Holder plans to file a lawsuit against Arizona’s tough illegal immigration law SB1070.
The controversial illegal-immigration law gives local law enforcement officers the tools they need to enforce the federal immigration law that is set to be enforced later this month. Arizona’s Governor, Jan Brewer plans to take this fight all the way to the Supreme Court if necessary.
The government’s lawsuit argues that Arizona’s new law requires state and local law enforcement agencies to question illegal immigrants about their legal status in conjunction with another crime, like traffic stops. The federal government contends the new law usurps federal authority.
However, legal gurus argue the pre-emption has been waived by the federal government's failure to act. After all, all the Arizona law did was empower state law enforcement with the same criteria as Border Patrol, but within the Grand Canyon State not without.
The 10th amendment reserves to the states those powers not specifically "granted" or enumerated to the federal government, including a waiver to act.
The lawsuit sets out to block Arizona’s new law that is favored by more than 60 percent of the state’s residents, and draws President Obama into another divisive issue.
For more stories; http://www.examiner.com/examiner/x-10317-San-Diego-County-Political-Buzz-Examiner~y2010m7d6-Obama-plays-partisan-politics-with-illegal-immigration#