Justice Dept. Sues Utah Over ‘Unconstitutional’ Immigration Reform Law
- Posted on November 23, 2011 at 9:35am by
Billy Hallowell
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Utah Governor Gary Herbert (AP)
SALT LAKE CITY (The Blaze/AP) — Move over South Carolina, Alabama and Arizona – it‘s Utah’s turn. The U.S. Justice Department filed a lawsuit Tuesday challenging Utah’s immigration enforcement law, arguing that it usurps federal authority and could potentially lead to the harassment and detention of American citizens and authorized visitors.
“A patchwork of immigration laws is not the answer and will only create further problems in our immigration system,” Attorney General Eric Holder said in a statement. “The federal government is the chief enforcer of immigration laws … it is clearly unconstitutional for a state to set its own immigration policy.”
U.S. Attorney General Eric Holder
The lawsuit was filed Tuesday in Salt Lake City’s U.S. District Court after months of negotiations between Justice Department attorneys, state attorneys and elected leaders. Justice officials said they plan to continue those discussions despite the lawsuit.
Other federal agencies included in the lawsuit are Homeland Security and the State Department.
Even with the federal intervention, state officials remained confident the law would eventually be sustained.
“The Legislature worked diligently to craft a law that would pass constitutional muster,” said Ally Isom, spokeswoman for Gov. Gary Herbert. “We hope the courts do the right thing.”
The Utah law, signed by Herbert in March, requires people to prove their citizenship if they’re arrested for serious crimes ranging from certain drug offenses to murder. It also gives police discretion to check citizenship on traffic infractions and other lesser offenses.
Although the Utah law was modeled on Arizona’s strict enforcement measure that was passed in 2010, lawmakers worked to address some of the biggest concerns. Chief among those was the requirement that police check the immigration status of anyone they arrest and the ability for police to verify the status of anybody they legally encounter.
Civil rights groups filed a lawsuit earlier this year, and a federal judge granted a temporary restraining order in May against the law, House Bill 497. A hearing on that lawsuit is scheduled for Dec. 2.
But that hearing may be delayed because of the federal lawsuit, National Immigration Law Center general counsel Linton Joaquin said. The NILC, along with the American Civil Liberties Union, is handling the original lawsuit against the state.
Utah protesters demonstrate against immigration reforms earlier this year (AP)
The federal lawsuit “reinforced the claims we’ve been making all along,” Joaquin said. “The Utah law is preempted by federal law and is unconstitutional.”
The sponsor of HB497, Republican state Rep. Stephen Sandstrom, said he was disappointed by the lawsuit because he has repeatedly told federal officials he was willing to work on amendments during the 2012 legislative session that could address some of their concerns.
Utah’s enforcement law was part of an immigration reform package that included a program that will allow illegal immigrants with jobs to live and work in the state. Federal officials also argue that program is unconstitutional, but they are holding off on a lawsuit because it doesn’t go into effect until 2013.
Originally, federal officials told Utah Attorney General Mark Shurtleff that they planned to include the guest worker law in their lawsuit. He said the fact they only focused on the enforcement measure in this lawsuit demonstrates their willingness to work with the state.
“We‘re now adversaries in the courtroom but we’re going to continue to discuss this with them,” Shurtleff said.
In a written statement, Mexico‘s Foreign Relations Department said Mexico welcomed the Justice Department’s decision to file a lawsuit challenging Utah’s law.
“The HB 497 law criminalizes migration and opens the door to possible improper application of the law by local authorities,” the statement said. “If it takes effect, it could affect the human and civil rights of Mexicans who visit or live in that state.”
Three other states that have passed strict enforcement laws in the past two years have been sued by the Justice Department, including Arizona, South Carolina and Alabama.
Arizona Gov. Jan Brewer has urged the U.S. Supreme Court to hear an appeal on an injunction against key parts of the state’s law. Federal judges have also blocked parts of the South Carolina and Alabama laws.
The department is still reviewing laws passed earlier this year in Georgia and Indiana.
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Comments (44)
vorpal
Posted on November 23, 2011 at 10:14pmthe DOJ is a joke – no justice there only Holders people…
Report Post »Wolf
Posted on November 23, 2011 at 5:34pm“…“If it takes effect, it could affect the human and civil rights of Mexicans who visit or live in that state.”…” so sez the mexican government… umm, *******: if they live in any American state, they‘d better not be ’mexicans‘ because that’d make them wetbax and illegal. As for tourists, they should be treated the same way you treat American tourists when they break a law in your country. Until you get elected to office in this country, keep your friggin nose out of our business.
Report Post »momsense
Posted on November 23, 2011 at 4:11pmIf only they’d spend this much time deporting illegals they just may be doing their jobs correctly, not buying hispanic votes.
Report Post »sbenard
Posted on November 23, 2011 at 3:38pmWhat stunned me about this was the attitude of the Mexican government that illegal immigration is NOT criminal! Since when is defiance of our laws NOT criminal? Apparently, since Emperor Obama and the Mexican government are on the same side in this, they agree that breaking our laws is not a criminal act!
Report Post »sbenard
Posted on November 23, 2011 at 3:31pmWhat is it that the ONLY interest Emperor Obama has in the Constitution is when it fits his agenda of tyranny? Otherwise, his objective is to DESTROY it, not sustain and defend it!
Report Post »MrKnowItAll
Posted on November 23, 2011 at 3:24pmOur Big problem is these Desperate Stupid American Women who let themselves be used. It’s a everyday thing now. I lost respect for so many woman I am pushing for it to be legal to marry my dog.
Report Post »tmplarnite
Posted on November 23, 2011 at 3:11pmWhen are the Yellow bellied Congressional CLOWNS going to file articles of impeachment???
Report Post »DanielBurke
Posted on November 24, 2011 at 11:22amExactly!
Report Post »tmplarnite
Posted on November 23, 2011 at 3:09pmMore treason by the O’Vomit white house interfering with states rights…get the sheriff to arrest all feds who come to the state including Holder’s ilk and the Federal Judge!
Report Post »machine1600
Posted on November 23, 2011 at 3:08pmSaddam’s Son Eric Holder can go back to his lil half breed dog cage.
Report Post »machine1600
Posted on November 23, 2011 at 3:06pmIllegal is Illegal , Period. We dont want Illegals in the system or america
Report Post »Drakkhanlord
Posted on November 23, 2011 at 2:16pmSanctuary Cities…
‘nough said.
Report Post »CCRYDER
Posted on November 23, 2011 at 1:38pmI’d like to know, Mr. Holder, just EXACTLY how controlling illegal imigration is unconstitional and WHERE it is so stated in the Constitution.
I’m 64 years old and have never seen such treason tolerated in government from BHO on down. I have called several congressional people and asked them to STAND UP and call this president out for what he is – a traitor.
Report Post »wesleyapril
Posted on November 23, 2011 at 2:32pmIt would be nice if our elected officials grew a backbone but do you think they will? :)
Report Post »lukerw
Posted on November 23, 2011 at 1:19pmNo Amnesty… for Holder!
Report Post »ACLUHater
Posted on November 23, 2011 at 1:23pmI have more respect for a turd than I have for Holder
Report Post »hud
Posted on November 23, 2011 at 2:28pmHis head reminds me of a hugh bowel movement.
Report Post »war7412
Posted on November 23, 2011 at 1:11pmFEDS are at it again you go UTAH…………………………………
Report Post »OutOfTheAether
Posted on November 23, 2011 at 1:24pmthe MSM uses ‘Illegal” to label them, they themselves use the term Illegal to describe themselves. Did the definition of ILLEGAL get changed in the dictionary??!!! The last time I checked, it still meant “against the Law”.
Report Post »garbagecanlogic
Posted on November 23, 2011 at 1:02pmHolder would sue his mother if she did something without his permission.
The U.S. Out Of The U.N.
Report Post »The U.N. Out Of The U.S.
grudgywoof
Posted on November 23, 2011 at 12:59pmThe states are under attack by the feds. Unconstutional? The federal governmet is betraying us at every turn. This is what tyranny looks like!
Report Post »Walkabout
Posted on November 23, 2011 at 12:22pm“requires people to prove their citizenship if they’re arrested for serious crimes ranging from certain drug offenses to murder.”
I can see why liberals would fell threatened. They don’t wan to lose a portion of their voting base.
Report Post »Rob_M
Posted on November 23, 2011 at 12:22pmBut states like Cali and Mass can ignore federal immigration law and that’s ok?
Report Post »GP100
Posted on November 23, 2011 at 12:51pmThe state of MA openly welcomes illegals and freely provides immunity, shelter, food, housing, and medical benefits (remember Auntie Zeituni and Uncle Omar?). We have a huge problem here with illegals driving drunk, crashing into state reps, and killing people.
Report Post »Walkabout
Posted on November 23, 2011 at 12:20pmFor a living organism to exist it needs a power source (nourishment) some organization, & a border (cell wall /skin).
When scientists look at how life began from the chemical soup. There was a demarcation between what was the organism & what was the environment. Sociologists look at organization great & small as organism. It is useful to do so to gain insight.
When a person is gutted or disemboweled they die. They loose their integrity. What happened. Their border (skin) was breached.
Without borders what will we look like?
Oh I believe in in one world government. But how it will happen & the timetable is important.
Getting to one world government as fast as possible (merging with other nations) is not good if we go to the lowest common denominator. No 1st, 2nd or 4th amendments. No franchise for women.
Is one world government so important to do it now that the U.S. would merge with Saudi Arabia that we would repeal the right of women to vote?
Report Post »1casawizard
Posted on November 23, 2011 at 12:28pmCan I get a sample of your Kool-Aid? I‘d like to run it down somewhere and let em see what’s in it.
Report Post »1casawizard
Posted on November 23, 2011 at 12:16pmHey eric ! , How’s that F. and Furious thing coming along? Is everything you’re doing diversion now? P.S. I’d like to get some more of that top-tier booger sugar. this is your personal ebox isn’t it?
Report Post »SpartanPride
Posted on November 23, 2011 at 12:08pmHey Holder, just because Oprah is your girlfriend doesn’t mean you have to piss the rest of us off too.
If there isn’t one yet, there needs to be a petition going around to impeach Obama and try Obama and Holder, et al on treason charges. This is an abomination. Just wait until “we the people” (the real 99) step up to the voting booths and broom your asses next year. If somehow BO wins another term, I predict very dire consequences for this country because BO’s goal is to create absolute chaos.
Report Post »Gold Coin & Economic News
Posted on November 23, 2011 at 12:21pmThe chaos BHO is creating isn’t absolute yet, but it’s getting real close. We have a treasonous fraud in the White House and instead of doing something about immigration he just goes around having one of his commie Czars sue states that are trying to do the job of the Federallies.
BHO MUST be defeated in this upcoming election or we will be a communist state in 4 more years. It will be good bye USA.
Report Post »I.Gaspar
Posted on November 23, 2011 at 12:02pmCome on, Boehner, mcconnell, and the rest of the republicans in the House and Senate: Push this incompetent idealogue “attorney general” for the info on Fast and Furious, Solyndra, Kagen, the Black Panthers..and on and on and on…
Report Post »He has time to sue states for protecting their citizens but cannot do anything to protect the people of this country.
Get him fired!!!
Walkabout
Posted on November 23, 2011 at 12:00pmSo the federal government is suing 3 states. Would they sue 30 states? How many states & how many people protesting dopes it take protesting bad immigration policy before the Feds consider that they may be wrong?
These new immigration laws are a protest. They were done thru the ballot box without violence.
They are not a GRUNGE protest. They were not chic & fresh & avant garde, but they were legitimate protests.
Obama & the leftists don’t care about protests. they just want to rule!
Report Post »Walkabout
Posted on November 23, 2011 at 12:12pmCorrection the Feds under leftist influence are suing or about to sue 6 states (Or 12%).
Report Post »Drakkhanlord
Posted on November 23, 2011 at 11:54amUS Govt siding with illegals…
What part of totally corrupt do people not understand…?
btw , The Borders are Wide Open…
Report Post »Rayblue
Posted on November 23, 2011 at 11:53amOld “chihuahua eyes” is barking up another tree for a squirrel he’ll never get.
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