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Arizona fights Obama challenge to immigration law

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PHOENIX | Tue Jul 20, 2010 9:59pm EDT

PHOENIX (Reuters) - Arizona on Tuesday urged a federal judge to reject the U.S. government's bid to quash its strict new immigration law, arguing the border state is acting within its powers.

The law takes effect on July 29. It requires state and local police to investigate the immigration status of anyone they reasonably suspect of being an illegal immigrant.

The Justice Department filed suit this month seeking to block Arizona's law, arguing it would undermine U.S. foreign policy and violate the U.S. Constitution -- charges rejected by state lawyers.

"Arizona merely seeks to assist with the enforcement of existing federal immigration laws in a constitutional manner," lawyers for Arizona Governor Jan Brewer said in documents filed with the court late on Tuesday.

"It is (the Obama administration) that is attempting to impose immigration policies and priorities that contravene and conflict with federal law and unambiguous congressional intent."

The Justice Department declined to comment on the challenge.

U.S. District Judge Susan Bolton will hear oral arguments on Thursday and could issue a preliminary injunction if she finds that ultimately the Obama administration would succeed in its quest to have the law struck down.

Immigration is a divisive issue in the United States, where an estimated 10.8 million illegal immigrants live and work.

The Republican-controlled Arizona Legislature passed the law in April to try to stem the flood of illegal immigrants and to cut down on drug trafficking and crime.

Opinion polls have shown the state law is supported by a majority of U.S. voters. In November, voters will cast ballots for local and congressional elections. Democrats are struggling to hold onto control of Congress.

In a statement, Brewer said she was "confident that the court will reject President Obama's attempt to prevent our state from protecting its citizens as a result of his failure to enforce federal immigration laws."

"My filing today makes clear that the federal government will suffer no harm if (the law) is implemented because the act requires only that Arizona's law enforcement officers act in accordance with their constitutional authority and congressionally established federal policy."

Arizona argued that the government failed to secure the border, that half of all illegal aliens in the United States entered through the state and that illegal immigrants who had committed crimes accounted for 17 percent of the state's prison population.

(Reporting by Tim Gaynor in Phoenix; Editing by Jeremy Pelofsky and Stacey Joyce)

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Comments (24)
releggneh2 wrote:
Good Luck AZ, keep up the fight!!! Soon as this gets passed, the rest of the states will follow !!Obama wont stand by his oath to protect the people & the country so someone has to & let it be us!!!! GO AZ!!!!

Jul 20, 2010 10:08pm EDT  --  Report as abuse
Robtemery wrote:
Impeach Obama

Jul 20, 2010 10:09pm EDT  --  Report as abuse
uzanabria1 wrote:
a. We need to start a program to allow immigrants without documentation to be register as legal Foreign Workers and collect taxes from their earnings. And also tax the money they send abroad. With those taxes extend benefits to legal foreign workers. These benefits could include health care, education, and retirement pension.
b. We need to make arrangements with the consulate offices from other countries to open registration facilities to register the new born babies of foreign workers that will have the citizenship of their parents and allow them to register immediately also as dependent children of legal foreign workers with access to health care, school systems, and social services as relatives dependant of other legal taxpayer.
c. We need to start a process that provides a legal way to work and pay taxes for illegal immigrants and also to provide the upgrading of their status from Legal Workers, to Legal Immigrants, and Citizens.

Jul 20, 2010 10:27pm EDT  --  Report as abuse
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