Arizona Countersuing Federal Government Over Immigration Enforcement
- Posted on February 10, 2011 at 10:28pm by
Meredith Jessup
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Claiming the federal government has failed to protect the citizens of Arizona, Gov. Jan Brewer has announced that her state would defend its tough immigration law, SB 1070, all the way to the U.S. Supreme Court.
“We did not ask for this fight. We did not start this fight,” Brewer said at a news conference Thursday. “We will not rest until our border is secure and the laws are enforced.”
“Because the federal government has failed to protect the citizens of Arizona, I am left with no other choice,” Brewer added.
In a counterclaim filed in the federal government’s lawsuit against Arizona, Brewer and state Attorney General Tom Horne outline five points of contention:
* The Department of Homeland Security has failed to achieve and maintain operational control for the Arizona/Mexico border as required under the Secure Fence Act of 2006;
* The federal government has failed to live up to its Constitutional duty to protect Arizona against invasion and domestic violence;
* The federal government has failed to enforce and follow immigration laws;
* The federal government has failed to compensate states for the substantial economic burdens suffered as a result of the failure to incarcerate or deport criminal aliens; and
* The federal government has prevented Arizona from enforcing its own laws for illegal immigration. The state is seeking an injunction under this count.
Brewer said that no taxpayer money is being used in the state’s fight against the government, and that it has strictly relied on donations.
“It’s outrageous the United States Department of Justice sued the people of Arizona to stop Senate Bill 1070,” Brewer said. “Our message for the federal government is very simple — use federal resources to combat the cartels who are breaking the federal law.”
The original Arizona immigration law was passed after complaints that the federal government hadn‘t done enough to secure the country’s southern border.
A judge blocked the most controversial portions of the law, including a provision that requires police –while enforcing another law — to question people‘s immigration status if there’s a reasonable suspicion they’re in the country illegally.
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dusk99
Posted on February 12, 2011 at 4:34pmObama would employ the National Guard to quell Arizona’s resentment before he attempted to close the border.
Report Post »ivdad
Posted on February 12, 2011 at 3:42pmget all states to join the lawsuit. Obama said during the uprising in Egypt that the government must listen to the people. This man doesn’t listen to the people or follow the Constitution that he has sworn to uphold. Let the states sue and congress not to fund any federal response.
Report Post »anonymoustoeveryone
Posted on February 11, 2011 at 3:48pmWe can’t talk about unemployment in this country without touching on the subject of illegal immigration. Why does is it seem so hard for the government to see that there is an epidemic right now and it is called the illegal immigrant. They sneak themselves over our very secure border and then proceed to rape our women, children, steal from our neighbors, drive drunk and kill someone. We don’t want you in America… your country is in the shape it is in because of people like you.
Please do not come over here when you are 7 months pregnant so you can have your baby and stay here. Myself and all of the other legal residents in this country (you know the ones that pay taxes) have to front the bill for your labor, then pay for follow up medical procedures, pay to send your child to school, pay to send them to college (if they can make it). We raise your children not you. Most of the time they drop out and join some gang that wants to destroy the country that you snuck into to have a better life. Maybe I am the only one who doesn’t understand this.
While we are on the subject of fronting the bill. The emergency room at the hospital is not your care provider. You don’t need to go in there every time Jose needs a band aid. The average visit costs approx $500, and when you don’t pay that bill it still needs to be paid. It just doesn’t go to a magical island full of neglected unpaid bills to live out the rest of its life. No the bill is paid for by people like me, my wife, my neighbor, and all of the other people in this country who actually work and pay for THEIR OWN HEALTH INSURANCE. We pay for it for the time being, but that is a whole other topic.
So please do us a favor. If you want to live here that is fine, more power to you. America was meant to give everyone an equal opportunity to succeed. You know that whole thing about the PURSUIT OF HAPPINESS. But please come here legally. If you want to live here that bad that you are willing to swim, jump over fences, and/or be smuggled by a cartel then be brave enough to take a test and be here officially. We welcome everyone, as long as you are authorized to be here.
Report Post »NC
Posted on February 11, 2011 at 3:35pmas an aside, NC is raising college tuition rates and pressing for a law prohibiting illegal aliens from acceptance/attending state universities.
and we have people in the streets protesting this legislation; i.e. it’s OK for illegals to attend the university and be subsidized by the legal taxpayers.
NC (illegals are also charged in state tuition)
…now back to our regularly scheduled topic
Report Post »temple62
Posted on February 11, 2011 at 3:15pmThe Buck stops with Buckwheat!
Report Post »David
Posted on February 11, 2011 at 12:59pmThe JUDGE says they do not have a case. Napolitano that is.
But they do have a case for suing them for money for incarcerating the criminal “invaders”!
Report Post »Smoke Ranch
Posted on February 11, 2011 at 11:27amHere in Las Vegas our county hospitial is going broke because of all the illegals who use it for health care. I walk down the streets and I hear spanish more than I hear English. Don‘t tell me the border is secure because it isn’t. I have no problems with legal imigration and I wouldn’t have a problem with a fair worker program but this in mass rush to get up here from Mexico has got to stop.
Report Post »IMTL
Posted on February 11, 2011 at 10:29amFREEDOM!!!!!!!!! give us freedom from this wicked government. Jan Brewer is a hero to America, just a lot of ignorant people that haven’t woke up yet. I am from Arizona and see it in my town all the time, illegals are one of the biggest causes of crime, crime. crime, guess cause they start out as criminals when they cross the border illegally. even if B INsane Obamination thinks they have rights too. Herman Cain is coming soon to this country his plan is to close the border. I have walked canyons in border areas, seen the trash piled up like a dump. oh yea we were all armed from bandits…………
Report Post »betterdeadthanred
Posted on February 11, 2011 at 10:16amdo you think 3 million people a year coming across our border is an invasion?4 out of 5 babies born in Maricopa county are anchor babies, the economic demands on our infrastructure are bankrupting our state.so many people competing with Americans for jobs when there aren’t enough jobs for the citizens alone! and the fed simply refuses to do it’s constitutionally mandated duty, then sues the state of Arizona for stepping up to protect ourselves! wake up America we do not have to obey the federal mandates that the federal government is forbidden from making by the supreme law of the land. the federal gov. does not have the authority to break the law and you don’t have any legal obligation to cooperate with anyone who is breaking the law. the fed has defied the supreme court ruling against shutting down oil drilling in the gulf because of an accident on one rig. The fed has defied the supreme court ruling declaring obamacare unconstitutional, and continues to implement it.I fail to understand why the oil companies fold and do what the fed says when the supreme court has ruled in their favor. Why aren’t they simply going about their legal business?
Report Post »betterdeadthanred
Posted on February 11, 2011 at 10:00amI’m proud to be an Arizonan and an American. Gov. Jan Brewer is the second politician that I have ever been proud of, the first being the gipper.I ask you to read section 10 paragraph 3 of the Constitution for the United States of America. No state shall, without the consent of congress lay any duty of tonnage,keep troops, or ships of war in time of peace,enter into any agreement or compact with another state, or with a foreign power, or engage in war,UNLESS ACTUALLY INVADED, OR IN SUCH IMMINENT DANGER AS WILL NOT ADMIT OF DELAY.
Report Post »wodiej
Posted on February 11, 2011 at 7:43amPeople usually hide something they don’t want criticized for. This should have been a law a long time ago. I know alot of people who are going to have to come face to face with some hard reality that they were duped, fooled, bamboozled by Obama and that he will throw anyone under the bus to get what he wants.
Report Post »cykonas
Posted on February 11, 2011 at 7:27amGo AZ! Go Governor Brewer! Go AG Horne! Sue ‘em until their eyes bleed! I really hope this case wins, not just for the sake of this case alone, but also to serve as a judicial start toward paring back all of the onerous Federal Government overreach into the sovereignty of the States. Great job Arizona! You make all correct thinking Americans proud.
Report Post »azblazen
Posted on February 11, 2011 at 5:17amI am proud of my state standing up to the mindless loonies who just want a new block of voters because the Americans are on to them. Arizona has had enough. If Obama, cared about the US boarder he would close it today. I think if Obama is so pissed at us for not going along with his dream to change this state to a lawless voting block, we must be doing somthing right. Thank you Gov. Brewer you will always have my vote.
Report Post »justice
Posted on February 11, 2011 at 4:56amI hope when it comes time All Americans back this Brave women, who has a big challenge ahead of her. I pray for her safety.
Report Post »SilentReader
Posted on February 11, 2011 at 3:53amIf I were Governor Jan Brewer I’d be doing the same thing. It’s outrageous that the Attorney General Eric Holder is suing Arizona for doing the job that he should be doing to begin with.
There’s chaos at the border and South of the border. They found a book published in Iran celebrating suicide bombers in the Arizona desert and an Imam was caught in the trunk of a car crossing the U.S.-Mexico border after he had been deported from Canada. And the bombings just South of the border has the markings of al Qaeda and Hizbollah.
It’s not safe! And do you think it’s not going to spill over to the other States as well?
There’s 35 Jamaat ul-Fuqra terrorist camps in America who could be harboring them, and 50 Chapters of MAS directly connected to the Muslim Brotherhood.
These Islamists are not stupid. They know exactly what their mission is. And so do we.
There‘s very few peope in the MSM exposing this threat to every American’s life. It’s a massive threat. Especially since we are fighting an enemy who wants to kill us and blow up things.
The governor of Arizona has a duty to protect her citizens, and I applaud her for doing this. Because in doing this she is protecting every American.
Thank you, Governor Brewer. Your sacrifice and your superb public service has not gone unnoticed by us.
America is great because in America we have the rule of Law and we enforce it.
It’s about time the Chief Law Enforcer does what he is sworn to do, and not waste the taxpayer‘s money avoiding what he should be doing and that’s enforcing the Laws already on the books
Good luck, Governor Brewer.
Report Post »RobR
Posted on February 11, 2011 at 2:45amCan’t they personally sue Barack Obama while they are at it?
Report Post »ReviveThe10th
Posted on February 11, 2011 at 1:37amI say God Bless Gov. Brewer. This Fed Gov is clearly lawless and does not care about the rule of law or the Constitution. (Contempt of court on oil drilling ban). Strike while the iron is hot. There is a public firestorm brewing over the lawlessness of this adminstration.
I’ve been saying for years, even before the budget was so HUGE in the public spotlight that the borders must be sealed the the illegals returned. That’s not racist. It’s the law. Buy a clue. The entiltlements going to illegals are breaking this country. The amount of money it cost to incarcerate illegal felons is unbelievable.
The Dems/Socialists/Marxists are purposefully not doing anything about the borders and it is for ONE VERY SICK REASON. Votes…………… to stay in office. Get rid of them. 2012 is coming.
Report Post »scout n ambush
Posted on February 11, 2011 at 12:47amIt often seems like the feds fan the flames of the blaze .They can’t secure the border which is one of the few things required of them by the constitution article IV section 4 . Yet they have so much extra time on their hands they have to try and erase the bill of right‘s long with a lot of other crap we don’t want them to do and they don’t have the legal right to do. It‘s all part of the Obama agenda he and spooky dude are backing the law breaking illegal immigrants it is all part of a big picture Obama turned us in to the UNHRC and the ICC does the dirty work and they are funded and controlled by Spooky Dude through some of his NGO’s like HRW.
Report Post »FlowerBell
Posted on February 11, 2011 at 12:29amOnce again the only winners……The Lawyers.
Report Post »dcenac
Posted on February 10, 2011 at 11:59pmI think the illegal immigrants that are deported should sue the Federal Government. If I own a pool I am required to put up a fence because of “Attractive Nuisance” laws. An attractive nuisance may be unenclosed pools, machinery or stacks of building materials — that present both an irresistible lure and hidden danger to young children. To be liable for injury, an owner must create or maintain the harmful object. By not putting up a gosh darn fence or providing adequate border deterrents, the Federal Government is complicit in an illegal coming into this country. The American Way of Life (or what is left of it) is an attractive nuisance to the poor and impoverished. Put up the DARN FENCE….just like the law requires me to do around my pool!
Report Post »tierrah
Posted on February 11, 2011 at 12:30am@DCenac: I had never thought of that angle before … very good parallel – IMO. Nothing makes my blood pressure go up more than the illegal immigration issue. My brothers and I are now facing a decision to place our 85-yr-old mother in a nursing home – she has alzheimer’s disease. What’s ironic is the fact that her primary insurance is Medicare and her secondary insurance is APWU (Postal Workers Union) – both government “entitlements”. However, my father, a farm boy who never attended school after the 4th grade because his labor was needed to support his family, worked arduously to achieve his GED so he could raise his status in life. He served in WWII as a patriot to his country. Dad also gave many years of his life to the Post Office here in our small community and was loved by all because of his desire and eagerness to serve the public. He paid exorbitant union fees + insurance fees to provide a SMALL annuity and health plan for himself and my mother. He died in 2007 and my mother is now receiving widow’s benefits as his dependent. Our government is so screwed up that she will be required to give up her primary and secondary insurance to be subsidized by Medicaid in order to receive long term care (i.e. going from two government programs to a third government program). Her long term care is debatable considering her age and physical condition. By implementing this requirement, the government is able to seize every asset left to my mother, which isn‘t much according to today’s standard. It just ticks me off that our government will take everything my parents have worked for all their lives in order to give it to some illegal immigrant or welfare bum or spend the assets as foreign aid. I’m seriously considering burning all her banking assets to keep the government from getting the money she has skimped and saved!!
Report Post »dcenac
Posted on February 11, 2011 at 12:57am@ tierrah,
I’m so very sorry about your mother. I can definitely sympathize. My mother-in-law had front temporal lobe dementia. I can also commiserate with her unfortunate medical dilemma……I work in State Civil Service in the medicaid program. Our system is insane! Most of the people who work with me are so thoroughly disgusted with Medicaid/Medicare bureaucracy. The elderly and truly disabled are the ones that are disadvantaged by all the government rules and inconsistencies. A prime example of current craziness is that an illegal is barred from medicaid unless they have a life threatening event. If that is the case, just the event is covered which means the initial hospitalization. The exception to this rule is a pregnant illegal. A pregnant illegal woman is entitled to full prenatal care because the Federal government has determined that since the child will undoubtedly be born in the U.S., the child is considered a citizen from CONCEPTION and is fully entitled to full medical care even if it has to be done through the mother. As a Catholic….I find it very infuriating that an illegal’s baby is a human with citizen rights from conception but our homegrown babies have to wait for viability before the government recognizes their rights. Sorry to rave on. I will pray for your mom and your family! I hope that you are able to get your mom the care that she needs. God Bless!
Report Post »Don
Posted on February 11, 2011 at 1:05amtierrah
I know I’m retired from the government. I had a very long letter in reply but I decided not to send it. It would only make me bitter. There is one thing I would like to say however, and I’m sure you have heard it before, but those young folks who voted for our current president may not have. Any government that can give you anything you want can take anything you have. I would like to add one thing to that “and will under Obama.” Your folks earned their benefits, the people Obama is worried about refuse to earn their way. In my day they called them freeloaders. Along with a lot of other things I cannot put in here.
Keep on keeping on, if we are lucky things may get better. If not well we still have to try don’t we?
Report Post »sissykatz
Posted on February 11, 2011 at 2:06am@tierrah I am truly sorry about your Mother and all you are having to go thru.I know it is very hard on you and the family.I hope all works out for you. As for Jan Brewer I think she is a very strong and determined woman. I cannot believe we have a President that is willing to go against an individual state like this and can be so wrong in how they are doing it. You go Jan I have supported your cause from the beginning and will continue to donate to help you fight these crooked fools in the WH. I do believe you will win in the end but is a crying shame you cannot get help. Just look how many more Illegals have come into the state since she asked for help originally. Totally Shameful but keep up the good fight and I hope you can get the financial support you need.
Report Post »APatriotFirst
Posted on February 11, 2011 at 7:58amtierrah
Remove any and all $$ your Mom has in a bank. Keep it in cash for her use. I know this from experience.
Report Post »tierrah
Posted on February 12, 2011 at 4:23pmThanks for all the comments … it helps to have others understand where you are coming from even though there are so solutions to be had at present.
@APatriotFirst: Would you mind giving me your email address? I‘d love to correspond further with you about options with regard to protecting my Mother’s assets. My email is tierrahb@yahoo.com
Report Post »oldwhiteguy
Posted on February 10, 2011 at 11:38pmI guess if you live in AZ you don’t know which border you need to send the National Guard to first.
Report Post »beebacksoon
Posted on February 10, 2011 at 11:37pmOn 2/09/11 (yesterday), our Homeland Security czar, Janet Napolitano, stated the current security alert is the highest since 9/11; and that home grown terrorists were HERE, in the US of A. WE’ve already know this…all the more reason we need to protect and secure our borders, don’t you think? What is Obama and Napolitano thinking, that all terrorists take a plane over here? Security on our borders is not only for illegal aliens crossing, but TERRORISTS coming in, by the hundreds, if not thousands.
Report Post »randy
Posted on February 10, 2011 at 11:43pm@ BEEBACKSOON I think she was talking about tea party members being home grown terrorists.
Report Post »We have children running and ruining this country.
bulletsinthegun
Posted on February 10, 2011 at 11:20pmthank you, please post the web site to send $ if needed
Report Post »Adam
Posted on February 10, 2011 at 11:30pmhttps://az.gov/app/keepazsafe/donation_information.xhtml
Report Post »HappyStretchedThin
Posted on February 10, 2011 at 11:19pmTactical error. Now the courts can decide Arizona has no right to do this whether or not the Feds keep up their constitutional end of the bargain. Just assert your right, Brewer, it IS yours. Make them bring the fight to you.
Report Post »cheezwhiz
Posted on February 11, 2011 at 12:13amQuestion :
Report Post »Can AZ governor order AZ National Guard along the mexican border ?
Guards not ON the border, but PARALLEL to the border, maybe like a mile inside ?
It makes no sense for AZ to wait for Calderon to give permission to Obama to pretend to do something about that lawless border . Janetalia Incompetano won’t do anything to benefit the people of AZ too. So why count on them ?
twofoot_trucker
Posted on February 11, 2011 at 12:35am@ Cheez..
The Governor of a state used to be the sole Commander in Chief of a states National Guard. That was changed though. Now the President can assume total control of a state National Guard without the consent of the state Governor. That’s true even if the National Guard is being deployed completely within the boundries of their own state.
Technically, the governor COULD deploy the guard to the border. But the President could immediately take control and order them away from the border.
Report Post »cheezwhiz
Posted on February 11, 2011 at 1:40amtwofoot_trucker
Report Post »I know a retired Indian Army Officer , who visits his son here in USA . He always asks me :
” Why can’t you people seal your border ? When will enough be enough ?”
When I told him that the terrain is trecherous @ that border, he laughed and said
” Do you have any idea what the terrain @ the India-Pakistan border is ? We still guard that border there and thats in a 3rd world country. ”
He left me speechless when he said ( I’m paraphrasing) that US government wants to keep the country unsecured and will pro-actively do anything and everything to keep the border lawless and open. He still wonders why after 9/11, the country and its border was not sealed air-tight and
water-tight .
I don’t like what he has to say about our government , but as a ( retd) military man , his words make sense. I guess he can smell BS just too well
eileen for freedom liberty
Posted on February 10, 2011 at 11:12pm2012 – BACK TO THE FUTURE!
~~~
America…I can‘t say enough about the bravery of Governor Brewer and all in Arizona that are standing up and speaking out for all ’real’ Americans in this immigration mess!
I stand with them and support them!
~~~
ARIZONA FORCING BIRTH CERTIFICATE ISSUE!
http://www.wnd.com/index.php?fa=PAGE.view&pageId=255489
SUPPORT ARIZONA IN THEIR FIGHT AGAINST THIS GOVERNMENT –
http://keepazsafe.com and/or http://bordersheriffs.com/
Report Post »FlatFoot
Posted on February 11, 2011 at 1:48amIndeed.
Don’t be intimidated into silence and inaction by the defeatist elitist Left. This is fully about protecting the sovereignty of America and maintaining our nation’s security starting at the border, and nothing to do at all with bigotry and Political Correctness. Don‘t let yourself be shamed into not caring about the sovereignty and security of your country by America hating wolves in sheep’s clothing.
Nice post Eileen. Thank you for the links.
Report Post »godlovinmom
Posted on February 11, 2011 at 3:48amMs. Brewer is quite a woman…I pray for her and her state…If our president won’t stand up for our security…at least she will…God Bless her!
Report Post »wildbillsooner74
Posted on February 11, 2011 at 4:00amThank God for Governor Brewer! One tuff Lady! God Please Protect Arizona From The Evil Ones In Washington D.C.! Amen!
Report Post »avenger
Posted on February 11, 2011 at 6:00amwhere are the rest of states in this fight…
Report Post »grandmaof5
Posted on February 11, 2011 at 7:48amPray for the people of AZ that sometime soon they can move past Obama and his minions and live without fear. I can’t imagine living in that “war zone” day after day with a citizen in a position to help and she turns her back on her state. I hope she isn‘t planning to move back after Obama is defeated in 2012 because there probably won’t be anywhere for her to hide.
Report Post »APatriotFirst
Posted on February 11, 2011 at 8:05amimho………..GOV, JAN BREWER FOR PRESIDENT!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Report Post »StonyBurk
Posted on February 11, 2011 at 9:02amThe difference I see between the State Govt. in AZ and our national Govt. is in that State the Governor
Report Post »listens to the people and respects them-And the State of AZ has read- and respects the US Constitution
whereas the O Administration is acting very Mubarak and manifests nothing but contempt for both the people they are given to lead– and for the Constitution they are sworn to defend.
smithclar3nc3
Posted on February 11, 2011 at 10:27amThe more I hear from Gov. Brewer the more I like her she is the future of American politics. God Bless her and the good people of Arizona who put her in office.
Report Post »jojo45
Posted on February 11, 2011 at 11:17amWhat a truly courageous and moral person you are. I am praying for you and the people of Arizona. You are a true example for our young adults to be strong and go forward in what they believe in. You are like the little ant. He had a kernel of corn and was climbing a hill with it. He failed 69 times but on the 70th attempt he made it, why, because he knew it was worth it!!!!!!!! God bless you and all of your staff members. Just keep being that little ole ant. He knew it was worth it and so do you!
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