PHOENIX -- A federal judge pushed back Thursday against a contention by the Obama Justice Department that a tough new Arizona immigration law set to take effect next week would cause "irreparable harm" and intrude into federal immigration enforcement.
"Why can't Arizona be as inhospitable as they wish to people who have entered or remained in the United States?" U.S. District Judge Susan Bolton asked in a pointed exchange with Deputy Solicitor General Edwin S. Kneedler. Her comment came during a rare federal court hearing in the Justice Department's lawsuit against Arizona and Gov. Jan Brewer (R).
Bolton, a Democratic appointee, also questioned a core part of the Justice Department's argument that she should declare the law unconstitutional: that it is "preempted" by federal law because immigration enforcement is an exclusive federal prerogative.
"How is there a preemption issue?" the judge asked. "I understand there may be other issues, but you're arguing preemption. Where is the preemption if everybody who is arrested for some crime has their immigration status checked?"
Showing posts with label U.S. lawsuit. Show all posts
Showing posts with label U.S. lawsuit. Show all posts
Sunday, July 25, 2010
Tuesday, July 20, 2010
28% of Arizonans think Obama is doing a good job, a 45% drop
PHOENIX - Most Arizonans no longer think Barack Obama is doing a decent job as president.
A new Behavior Research Poll released Sunday shows that nearly four out of every 10 Arizonans now rate Obama's performance as poor or very poor. That's up 5 points from the same survey taken in January.
What's different is that the number of those who think he's doing an excellent or good job has plummeted.
Three months after taking office, fully 51 percent of Arizonans gave Obama positive ratings, even though the state went for hometown favorite John McCain in the 2008 election.
A year into office, that had slid to 40 percent. But by the time pollster Earl de Berge conducted this latest survey, between June 30 and July 11, only 28 percent of Arizonans were willing to say they like the job he's doing.
According to de Berge, much of that slide tracks with a separate poll he does asking Arizonans about their views on the economy and current job market conditions.
"As might be expected, those who think the job market is static or worsening have the least favorable view of his performance," de Berge said.
But the survey also was taken about the time it became clear that the Department of Justice, asked to look at Arizona's new immigration law, intended to file suit. In fact, Secretary of State Hillary Clinton, in an interview with a television station in Ecuador, spilled the beans early in June.
That all became official when the Obama administration went to federal court on July 6 - right in the middle of the polling - asking a judge to block the statute from taking effect as scheduled July 26.
The law, which spells out when police have to ask those they have stopped about their immigration status, is popular in Arizona, with every single survey showing it's backed by more than half of residents.
Obama maintains his popularity with Democrats, 52 percent of whom still have a positive assessment of his work. Still, that's down from 85 percent in April 2009.
A new Behavior Research Poll released Sunday shows that nearly four out of every 10 Arizonans now rate Obama's performance as poor or very poor. That's up 5 points from the same survey taken in January.
What's different is that the number of those who think he's doing an excellent or good job has plummeted.
Three months after taking office, fully 51 percent of Arizonans gave Obama positive ratings, even though the state went for hometown favorite John McCain in the 2008 election.
A year into office, that had slid to 40 percent. But by the time pollster Earl de Berge conducted this latest survey, between June 30 and July 11, only 28 percent of Arizonans were willing to say they like the job he's doing.
According to de Berge, much of that slide tracks with a separate poll he does asking Arizonans about their views on the economy and current job market conditions.
"As might be expected, those who think the job market is static or worsening have the least favorable view of his performance," de Berge said.
But the survey also was taken about the time it became clear that the Department of Justice, asked to look at Arizona's new immigration law, intended to file suit. In fact, Secretary of State Hillary Clinton, in an interview with a television station in Ecuador, spilled the beans early in June.
That all became official when the Obama administration went to federal court on July 6 - right in the middle of the polling - asking a judge to block the statute from taking effect as scheduled July 26.
The law, which spells out when police have to ask those they have stopped about their immigration status, is popular in Arizona, with every single survey showing it's backed by more than half of residents.
Obama maintains his popularity with Democrats, 52 percent of whom still have a positive assessment of his work. Still, that's down from 85 percent in April 2009.
Friday, July 9, 2010
Arizona law "interfere(s) with what clearly is Washington's blatant refusal to enforce federal immigration laws"
This is a political lawsuit, driven by Obama's drop in the polls among Hispanics and Democrats' hope of bringing out Latinos this fall by hanging an anti-immigrant millstone around the GOP's neck.
The Arizona statute, on the other hand, is chiefly about the rule of law.
That Obama and Holder, along with Arizona's other critics, choose not to understand this speaks volumes.
The lawsuit does not accuse Gov. Jan Brewer and Arizona of violating the Constitution's "equal protection" clause -- curious, given the loud charges that the law will lead to massive racial profiling.
Instead, it accuses Phoenix of "crossing a constitutional line" by interfering with federal authority over immigration.
Actually, Holder -- who publicly trashed the law before he'd read it -- has a point: The law does interfere with what clearly is Washington's blatant refusal to enforce federal immigration laws.
The Arizona statute, on the other hand, is chiefly about the rule of law.
That Obama and Holder, along with Arizona's other critics, choose not to understand this speaks volumes.
The lawsuit does not accuse Gov. Jan Brewer and Arizona of violating the Constitution's "equal protection" clause -- curious, given the loud charges that the law will lead to massive racial profiling.
Instead, it accuses Phoenix of "crossing a constitutional line" by interfering with federal authority over immigration.
Actually, Holder -- who publicly trashed the law before he'd read it -- has a point: The law does interfere with what clearly is Washington's blatant refusal to enforce federal immigration laws.
Thursday, July 8, 2010
While Obama tries to gain hispanic votes by fighting Arizona's immigration law, 62% of Colorado's hispanics support Arizona
Some Democrats, even in Arizona, are fearing an election backlash over immigration, as President Obama sues Arizona over its new immigration enforcement law and pushes Congress to pass a comprehensive immigration overhaul.
"My concern is that the federal government is suing the state of Arizona, ironically, over the ability to enforce immigration laws -- where if the federal government had been doing its job over the years, we wouldn't be in this situation in the first place," Rep. Gabrielle Giffords, D-Ariz., said.
Arizona Attorney General Terry Goddard, the Democratic nominee for governor, urged the Obama administration to back off Arizona's new law, which allows state and local authorities to ask people for immigration documents during unrelated enforcement encounters – such as traffic stops.
The president appears to be out of step with public opinion on immigration. The latest Fox News Opinion Dynamics poll shows 2-to-1 support nationwide for Arizona's law, including 73 percent of Republicans, 57 percent of independents and one out of three Democrats.
On immigration, the GOP accuses Democrats of ignoring a border crisis and selling out national security to cynically court Latino votes.
(snip)
...in Colorado, a recent Denver Post poll said 62 percent of Colorado Hispanics favor a law like Arizona's. The state's Republican gubernatorial front runner Scott McInnis supports it. But Democratic gubernatorial candidate John Hickenlooper, the mayor of Denver, opposes it, putting himself at odds with those Colorado Latinos.
"My concern is that the federal government is suing the state of Arizona, ironically, over the ability to enforce immigration laws -- where if the federal government had been doing its job over the years, we wouldn't be in this situation in the first place," Rep. Gabrielle Giffords, D-Ariz., said.
Arizona Attorney General Terry Goddard, the Democratic nominee for governor, urged the Obama administration to back off Arizona's new law, which allows state and local authorities to ask people for immigration documents during unrelated enforcement encounters – such as traffic stops.
The president appears to be out of step with public opinion on immigration. The latest Fox News Opinion Dynamics poll shows 2-to-1 support nationwide for Arizona's law, including 73 percent of Republicans, 57 percent of independents and one out of three Democrats.
On immigration, the GOP accuses Democrats of ignoring a border crisis and selling out national security to cynically court Latino votes.
(snip)
...in Colorado, a recent Denver Post poll said 62 percent of Colorado Hispanics favor a law like Arizona's. The state's Republican gubernatorial front runner Scott McInnis supports it. But Democratic gubernatorial candidate John Hickenlooper, the mayor of Denver, opposes it, putting himself at odds with those Colorado Latinos.
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