us lawsuit against arizona in plain english

8/9/2019 US Lawsuit Against ARIZONA in Plain English

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* Federal Lawsuit/US v. STATE OF ARIZONA and JAN BREWER* Action

The US claims the following:

The US wants to declare SB 1070 invalid because it violates the Supremacy Clause of the US

Constitution. [Federal laws and treaties with other countries must go through the federal government, not states.]


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In our constitutional system the federal government is the supreme authority over immigration

issues, and has to balance several things:

a. national laws

b. enforcement

c. foreign relations

d. humanitarian interests

Congress has assigned enforcement of immigration laws to federal agencies and three executive

offices:

a. Department of Homeland Security (DHS)

b. Department of Justice (DOJ)

c. Department of State

States can only exercise police power when dealing indirectly with minor immigration issues.

States arent allowed to set their own immigration policies or interfere with federal immigration

laws and policies.

The Constitution prohibits patchwork immigration policies across states and local authorities.


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Despite this, Arizona recently passed SB 1070, a bill meant to prevent illegal aliens from enteringand staying in the state.

SB 1070 gives all state and local government agencies in Arizona the authority to enforce this

new law. It states that police have a duty to determine immigration status whenever there is

reasonable suspicion.

It applies criminal penalties to those who are here illegally.

It also gives legal residents of Arizona the right to sue for damages if any official or agency fails

to enforce SB 1070 to the fullest extent permitted by federal law.


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SB 1070 pursues only one goal attrition [reducing] and ignores many other objectives that

Congress has established. In doing this, the bill interrupts the federal governments priority,

which is to capture aliens who pose a threat to national security or public safety. This state law

conflicts and undermines federal efforts. For example, it will:

1. Drain federal resources and agencies that are meant to target dangerous aliens on a

national level

2. Detain and harass authorized visitors, immigrants and citizens who dont have, or carry,

the identification required by the statute

3. Sweep many into the enforcement of the bill that are not meant to be included

4. Conflict with federal laws regarding registration, smuggling, and employment of aliens

5. Ignore federal humanitarian efforts to protect victims, or help those here as a result of

natural disasters

6. Interfere with US foreign policy and national security regarding Mexico and other

countries

The US understands Arizonas legitimate concerns, and has focused efforts on our borders.

The federal government is open to cooperative efforts. But the US Constitution forbids Arizona

to interfere by setting up its own state-specific policy. Therefore, SB 1070 is invalid and must be

struck down.


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JURISDICTION AND VENUE

Because this falls under the US Constitution and the Immigration and Nationality Act (INA), this

is the appropriate court to hear this case.

Most of the events happened in Arizona, so the District of Arizona is the appropriate venue.Also, the defendants are the Governor of Arizona, and the State of Arizona.

PARTIES

PLAINTIFF: USA

DEPARTMENT OF HOMELAND SECURITY (DHS)

DEPARTMENT OF JUSTICE (DOJ)

DEPARTMENT OF STATE

DHS is responsible for:

1. Administration and enforcement of immigration laws

2. Investigation of crime


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3. Protection of our borders against illegal entry

4. Providing citizenship

5. Immigration services

DOJ is managed by the Attorney General, who shares immigration-related responsibilities with

DHS, and can order deportation.

DEPARTMENT OF STATE is partially responsible for administration of federal immigration laws,

including visas.

DEFENDANT: STATE OF ARIZONA

JAN BREWER, as GOVERNOR OF ARIZONA


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STATEMENT OF THE CLAIM

Federal Authority and Law Governing Immigration and Status of Aliens

The Supremacy Clause of the Constitution demands federal laws to be the supreme authority of

the US, despite anything in a state constitution.

The Constitution gives the federal government the power to establish immigration laws and to

regulate business with other countries. The federal government also controls immigration

requirements, and regulates immigration status.

The Constitution gives the President the authority to oversee the execution of laws, and broad

authority over foreign affairs.

Congress enforces immigration laws through provisions found in the INA, by determining:

1. Who is eligible to enter and live in the US

2. Who will be deported

3. Consequences for coming here illegally


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4. Penalties

5. Conditions to be met in order to live here

6. Alien employment

7. Process for citizenship

According to the INA, the executive branch of the US has the power to enforce federal

immigration laws, and federal agencies decide what remedies are appropriate in each case.

The federal government places a priority on dangerous aliens. This includes:

1. Terrorists

2. Spies

3. Criminals, such as those involved in;

a. violence

b. felonies

c. repeat offenses

4. Certain gang members

5. Those with outstanding warrants

6. Fugitives with criminal records


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Congress has to take several things into account when creating federal immigration laws and

policy, such as a variety of competing national interests. Preventing illegal aliens from entering

and living in the US is very important, but not the only goal. Our laws also consider unique

national interests, including:

1. Trade

2. Visitors that come here legally

3. Fair and equal treatment of legal residents

4. Humanitarian treatment

5. Ensuring treatment of individuals doesnt harm foreign relations or treatment of US

citizens abroad

Because immigration control demands flexibility in congressional policy, Congress gives the

President and federal agencies a lot of discretion to balance these interests.


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The DHS and DOJ oversee most of the US immigration interests, and have the power to enforce

the INA. The Department of State also has the power to administer immigration laws, including

visa programs, according to the INA.

The DHS can order prosecution and deportation.

The DOJ can deport an alien for things such as staying after a permit expires, or committing a

crime. The DHS and DOJ can charge civil and criminal penalties for immigration violations. On

the other hand, if it helps with some other immigration goal, they have the authority to:

1. Forego sanctions

2. Allow an alien to leave voluntarily, and at his or her expense

3. Choose not to deport


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Federal law allows an illegal alien to be here under certain conditions, such as;

1. Safety from race, religion, nationality, social, or political persecution

2. Natural disaster

3. War

4. Humanitarian issues

5. Family unity

6. Other extraordinary situations

With this in mind, DHS and DOJ use discretion when considering whether to deport, charge

penalties, or protect aliens. These decisions are based on policies made by Congress and

balanced by the executive branch, not just the status of our resources.


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Congress, which holds the exclusive authority for determining who stays or goes, has decided

merely being found here illegally isnt enough to detain someone, or press criminal charges. [Asstated above, the US makes allowances for asylum, fleeing from domestic violence, persecution, refugees, etc. There

are also times when someone may arrive legally but become illegal due to civil circumstances, health issues, etc.] Rather, it becomes a part of a criminal offense when an alien is here after deportation. Illegal

entry, however, is a criminal offense.

Congress specifically gives federal immigration officers the authority to:

1. Patrol the US border

2. Search vehicles and land near the border

3. Prevent illegal aliens from entering

4. Arrest illegal aliens when its likely they will escape before a warrant can be obtained


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Congress has created an alien registration system for monitoring those who enter the US. This

system requires aliens to register with the Department of State when applying for visas. Any

alien, 14 years old or older, who is here for 30 days or more and hasnt complied, must register

and be fingerprinted by the DHS. If not they can be imprisoned for up to 6 months. Aliens are

also required to report any change of address to the DHS within 10 days.

Congress designed the registration forms, determined what exceptions can be made, and the

confidential nature of the information.

Aliens 18 years of age or older are required to carry their alien registration document or card.

The INA stresses that anyone who fails to comply can be fined and imprisoned for up to 30 days.


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There are several reasons when an alien wont be given registration papers, such as:

1. Safety from persecution

2. As victims of human trafficking

3. As victims of violent crime

While an application under these exceptions is pending, the alien may not have papers and is

certainly not going to be prosecuted.

These humanitarian programs demonstrate federal policy to assist and welcome such victims to

the US. It would violate federal policy to prosecute or detain these aliens simply based on

immigration status which is often known to the federal government, but for certain reasons

doesnt amount to deportation.


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Congress has already made smuggling illegal aliens into the country, and transporting them

within US borders, a criminal offense. A person will be criminally charged for knowingly

transporting an illegal alien.

However, the criminal charges are directed at the smuggler, not illegal aliens using

transportation for secondary purposes. Congress chooses not to penalize an illegal alien simply

for moving within the country or across state lines unless other factors are present. The same

goes for those providing a ride in this limited capacity.

Federal laws apply to those who intentionally hide, harbor, or shield an illegal alien from

detection, or encourage others to enter the US illegally.

Federal law does not, however, limit the movement of either illegal or legal aliens between

states. Federal law also exempts religious groups who invite foreigners here to do missionary

work or for ministry reasons, and give them basic living expenses.


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Congress prohibits illegal alien employment. Federal laws also make it illegal to allow an alien to

continue working if you later discover he or she is illegal, or has become illegal.

Congress applies civil penalties for immigration document fraud to both employers and aliens.

Congress chooses not to apply criminal penalties to illegal aliens trying to find work in the US,

but they can be deported.

DHS enforces immigration laws through:

1. US Immigration and Customs Enforcement (ICE)

2. US Customs and Border Protection (CBP)

3. US Citizenship and Immigration Services (USCIS)

4. State and local agencies


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Congress provides a number of ways for a state to assist federal government in enforcing

immigration laws. For example:

1. When a mass of aliens create an emergency that requires an immediate Federalresponse.

2. When the DHS gives appropriately trained and supervised state and local officers the

authority to help with investigating, arrest, and detention of aliens

3. When state and local law officers are needed to arrest aliens previously deported after

being convicted of a felony

DHS uses a variety of programs through states and local governments to enforce federal

immigration laws, such as.

1. Law Enforcement Agency Response Program (LEAR). This is Arizona-specific program

that responds to calls from state and local policeman who need help from ICE with

suspected illegal aliens, 24/7.

2. Law Enforcement Support Center (LESC). Administered and operated by the ICE, this

program provides immigration status and identity information to local, state and federal

law enforcement regarding aliens involved in criminal activity, 24/7.

3. ICE and CBP officers assist with translation, determine alien status, and evaluate

documentation.


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Although federal law gives state and local officials an opportunity to participate, it doesnt mean

states can enact their own immigration policies to compete with national policy.

Forming immigration policy and balancing enforcement priorities is strictly reserved for the

federal government. It doesnt fall within the states police powers.

ARIZONAS SB 1070

APRIL 23, 2010: Governor Brewer passed SB 1070 to prevent aliens from entering or living inArizona illegally by using state and local law enforcement. It requires police officers to arrest

individuals if there is a reasonable suspicion that theyre illegal immigrants.

It also allows any legal resident of Arizona to sue for damages if an official or agency adopts

policies that dont prosecute to the full extent of federal law.


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SB 1070 imposes criminalpenalties:

1. If an alien fails to register or carry documentation

2. For so-called smuggling, transporting, or harboring an illegal alien

3. For encouraging an illegal alien to move to Arizona

4. For illegal aliens who seek work

Also, local and state police officers have the authority to make arrests without warrants if they

think an alien did something that rises to the level of deportation, even if the suspected act

didnt happen in Arizona.

At the same time, Brewer issued an executive order requiring police officers to take training in

what defines reasonable suspicion, and to stress that race, color or national origin alone, cant

be part of that definition.


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One week later, Brewer amended the bill with the newer HB 2162 in response to those who

expressed concern that it would lead to racial profiling.

SB 1070 tries to second guess federal policies and shuffle federal priorities, even though states

have no say in federal domains.

Arizonas SB 1070:

1. Disrupts the INA national enforcement system

2. Interferes with US foreign affairs priorities, and ignores humanitarian and security

objectives

3. Harms a variety of US interests

SB 1070 tries to set state-specific immigration policy in an area constitutionally controlled by the

federal government exclusively.

It conflicts with federal immigration law and policy. It conflicts with foreign policy. It impedes

the objectives of Congress, and so it is prevented.


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SB 1070 creates new state immigration crimes regarding employment, transportation, and

presence. It increases the chance an alien will be imprisoned by requiring legal status

verification while allowing Arizona police to arrest them for these type of crimes, even if the

crime has no connection with Arizona.

SB 1070 ignores all other objectives in the federal immigration system, including the priority to

remove dangerous aliens.

Congress demands that our federal immigration policy consider many things: immigration

control, national security issues, as well as humanitarian concerns and foreign relations.

Arizona created state crimes for unlawful presence, even though these acts are not criminal acts

according to Congress.

SB 1070 interferes with federal policy and enforcement of US immigration laws.


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SB 1070 conflicts with federal government objectives, and has already created problems for US

diplomacy with countries such as Mexico. SB 1070 impacts national security, drug enforcement,

tourism, trade and a variety of other issues.

As a result of Mexican President Calderons Address to Joint Meeting of Congress on May 20,

2010, the US has been criticized by other countries and international organizations. This has

created a breakdown in border security and disaster management.

SB 1070 undermines US foreign policy related to immigration issues and other national concerns.

Other states are considering similar legislation. This would result in further significant damageto:

1. US foreign relations

2. US ability to fairly enforce federal immigration law and humanitarian efforts

3. The discretion of the executive branch to make decisions as provided through the INA,

which would result in inconsistent treatment of aliens across the US


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SECTION 2

Section 2 of SB 1070 requires officers to make a reasonable attempt to determine someones

legal status and verify with the federal government. It also requires any person arrested to havetheir status verified before being released.

This section lets legal residents file a civil action to challenge any agency that adopts a policy

that limits enforcement.

The fact is, Arizona police, like federal, have always had the option to verify immigration status

during a lawful stop. Now, the threat of private lawsuits and the required status check, make

verification and prosecution mandatory.


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So the mandatory verification combined with new state criminal penalties, forces officers to

maximize their scrutiny of a persons legal status. This will effect those that the federal

government has already reviewed and chosen not to penalize.

This will result in countless inspections and detention of people who are here legally.

An Arizona officer is required to verify status if he or she has a reasonable suspicion, that the

person is here illegally. But because reasonable suspicion, is not definitive proof, the rule has

to apply to everyone even those who are here legally, as well as US citizens. Further, because

federal authorities may not be able to immediately verify each status, and rarely have any

information at all related to US citizens, this will result in longer and longer detention of even

legal persons.

The burden will be on people who are legal but cant prove it immediately, such as those who

dont have a drivers license or underage minors. This will subject legal aliens to the possibility

of an inquisition and police shadowing. Congress plainly designed the federal immigration

program to prevent this type of problem.


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Mandatory state alien inspection will require federal verification. This will burden federal

resources and the DHS in the following way:

1. Increase number of requests for verification

2. Direct focus away from priority immigration issues

3. Require federal government to direct resources away from dangerous aliens, putting our

national security and public safety at risk

This violates the Supremacy Clause.

Section 2 conflicts with the objectives of Congress. It creates a break in the priority order the

federal government places on enforcement.

Section 2 doesnt help with any legitimate state interest.


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SECTION 3

Section 3 makes it a new state crime for an alien to violate United States Codes that require

aliens to carry registration documents at all times. It penalizes those who intentionally fail toapply for registration. The state penalty is:

1. A maximum of $100

2. A sentence of up to 20 days for the first violation

3. A sentence of 30 days for the second violation

Section 3 is preempted by the federal alien registration program, which provides standardized

registration in a single integrated system.

Section 3 demands the arrest and prosecution of all aliens who dont have registration papers.

But there are many classes of aliens who arent given papers while their federal cases are

pending.

SB 1070 seeks to criminalize aliens the federal government already knows about. This is a

problem for Congress regarding certain forms of humanitarian relief.


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Section 3 attempts to seek control of the details surrounding an aliens entry and presence in the

US, without serving any state police purpose.

The federal governments exclusive authority over the regulation of immigration, preempts the

state of Arizona.

SECTION 4

Section 4 makes it a felony for a person to smuggle human beings for profit or commercial

purposes.


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Federal smuggling law is a higher authority than Arizonas smuggling law. The differences

between the two are important, and show that Arizonas law actually regulates the presence of

illegal aliens already here, and not smuggling at all. Here is why:

1. Arizonas law forbids any commercial transportation service from giving a ride to anillegal alien.

2. Arizonas law charges both the driver/transporter and the illegal alien with a crime.

3. Arizonas law doesnt target smuggling across the US international borders.

Arizonas smuggling law regulates an aliens life in the US by essentially banning illegal aliens

from using commercial transportation. Within certain guidelines, a state can regulate conduct

that isnt regulated by the federal government. However, Arizonas smuggling law challenges

existing federal immigration laws. It also burdens legally registered aliens, because commercial

transportation providers will refuse service. Therefore, Arizonas smuggling law is an obstacle for

Congress in creating penalties for illegal entry and presence in the US.


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SECTION 5

This section makes it a crime for an illegal alien in the US to work, or try to get a job, in Arizona.

Arizonas new state laws regarding employment of aliens, is prevented by federal law. Federal

laws penalize the employer: the worker isnt penalized for humanitarian reasons. Making this a

crime in the state of Arizona is an obstacle to the objectives of Congress.


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Arizona makes it a new state crime to:

1. Transport someone you know is an illegal alien

2. Hide an alien from authorities

3. Encourage an illegal alien to come to Arizona if you know theyre in the US illegally

The Arizona law makes exceptions for certain professions, but ignores religious organizations

which invite and assist in bringing an alien to the US as ministers or missionaries. The federal

government makes allowances for these aliens.

This new law attempts to stop illegal entry in the US through Arizona. States are specifically

barred from this subject, according to the US Constitution

The new law also restricts interstate commerce. This is in direct violation with the US

Constitution, which assigns management of interstate commerce to the federal government.


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SECTION 6

This section allows the officer to arrest anyone he or she believes has broken a law worthy of

deportation. It doesnt require the officer to coordinate with DHS to confirm it. It doesnt

require the offense to have taken place in the state of Arizona.

In the past, Arizona law allowed arrests without warrants if someone was suspected of having

committed a crime in Arizona. Now, Section 6 also allows arrests if the crime was committed inanother state, so long as the officer believes the crime is worthy of deportation. Its clear the

purpose of this section is to provide more opportunities to arrest aliens on the basis of

immigration status.

This section:

1. Makes no exception for aliens who have already been cleared by federal authorities. Italso ignores the fact that only federal authorities can actually issue deportation.

2. Will result in arrests based on out-of-state crimes, even if the crime and immigrationissues have already been resolved.

3. Interferes with federal authority, and will place a burden on legal aliens in a way that

conflicts with federal immigration laws.

4. Will result in the arrest of aliens whose out-of-state crimes wouldnt be worthy ofdeportation at all.


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Because of everything mentioned here, defendants actions cause substantial harm to the US.

This court action is the only remedy available to the plaintiff.

1ST CAUSE OF ACTION

Violation of the Supremacy Clause

All paragraphs above are included here.

SB 1070 allows Arizona to create its own immigration policy and directly regulate the

immigration status of aliens. This conflicts with federal law and foreign policy. It ignores federal

policies, interferes with US enforcement priorities, and impedes federal objectives.

Sections 1-6 violate the Supremacy Clause, and are invalid.


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2nd CAUSE OF ACTION

Preemption Under Federal Law


Sections 1-6 are preempted by federal law and foreign policy.

3rd CAUSE OF ACTION

Violation of the Commerce Clause


Section 5 restricts transportation of aliens in a manner that is prohibited by Article 1, Section 8

of the US Constitution. [Congress has the power to regulate Commerce with foreign Nations, andamong the several States, and with the Indian Tribes]

It violates the Commerce Clause so its invalid.


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PRAYER FOR RELIEF

The US asks for the following:

1. Sections 1-6 of SB 1070 be declared invalid, null and void

2. Stop the State of Arizona from enforcing these sections

3. Reimburse the US for its costs in bringing this court action

4. Award any other relief found to be just and proper

END

us lawsuit against arizona in plain english

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