The Transportation Law News

July 7, 2010

Fed Suing to Block Arizona Immigration Law

What’s the Obama administration’s argument against the Arizona immigration law?

While most of the criticism of the law has been that it could encourage racial profiling, the administration’s challenge is based on the so-called supremacy clause of the U.S. Constitution — that when state and federal laws conflict, federal law is supreme. In this case, the administration is saying that anything that relates to foreign policy or relations with other countries is strictly the province of the federal government and
that Arizona’s law interferes with a federal function.

“In our constitutional system, the power to regulate immigration is exclusively vested in the federal government,” the Justice Department brief said. “The immigration framework set forth by Congress and administered by federal agencies reflects a careful and considered balance of national law enforcement, foreign relations, and humanitarian concerns — concerns that belong to the nation as a whole, not a single state.”

Clink here for more.

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