The lawsuit, which three sources said could be filed as early as Tuesday, will
invoke for its main argument the legal doctrine of "preemption," which is based
on the Constitution's supremacy clause and says that federal law trumps state
statutes. Justice Department officials believe that enforcing immigration laws
is a federal responsibility, the sources said.
It will use the doctrine of preemption, but in a curious manner. The Arizona law does not either create a new immigration benefits or deny any benefits. It mirrors federal law and requires that Arizona law enforcement act against illegal aliens in concert with federal law and exercising the sovereignty that the States possess. Interestingly the Obama Regime is not challenging State laws against bank robbery, drug dealing, and identity theft; all of which are whole or in part areas of Federal jurisdiction.
The second prong, the most revealing, is that the Obama Regime will claim that if Arizona starts enforcing federal law and turning illegal aliens over to Immigration and Customs Enforcement or the U.S. Border Patrol, those agencies will be overwhelmed with illegal aliens.
The filing is expected to include declarations from other U.S. agencies saying
that the Arizona law would place a undue burden on their ability to enforce
immigration laws nationwide, because Arizona police are expected to refer so
many illegal immigrants to federal authorities.
Herein lies the Obama Regime objection, they do not want illegal aliens arrested. The Obama Regime wants as many illegal aliens here for the proposed Obama Amnesty. This dovetails with the new ICE policy of not arresting or deporting illegal aliens. One would think that ICE would be pleased to have another law enforcement agency do the hard work of physically arresting the illegal aliens and turning them over to ICE. All the expensive and hard work is already done. All ICE has to do is complete the paperwork and take the illegals to the border with Mexico. This is an inexpensive force multiplier. But that is not the goal of the Obama Regime. They want the illegals here for the 2012 election to vote for Obama.
Proof positive of the Obama Regime's support for illegal immigration is their failure to investigate, sue, and criminally prosecute cities and States that support, aid and abet illegal immigration. Philadelphia refuses to provide arrest data of illegal aliens to ICE, New Haven provides ID cards to illegal aliens, San Francisco provides ID cards and free healthcare to illegal aliens; why aren't they being criminally prosecuted for their violations of federal law? Because Obama supports illegal immigration. This is not about protecting federal preemption of a Constitutional duty; if it were, then San Francisco, New Mexico and New Haven would be sued as well. But the Obama Regime hasn't.