It’s D-day in the Grand Canyon state. The full force of the federal government, with its deep pockets, will attempt to thwart Arizona from controlling their out-of-control illegal immigration problem.
After weeks of speculation, threats and pandering, the citizens of Arizona will finally have their day in court. The Obama Administration claims Arizona Governor Jan Brewer should be restrained from enforcing SB1070, an illegal immigration law that closely mirrors the federal government’s law, for two main reasons.
The government contends Arizona is pre-empting federal immigration law with the exclusive jurisdiction of the federal government and therefore, the states, including Arizona are pre-empted from exercising any jurisdiction over immigration matters, according to US Immigration and Naturalization Activity – Title 8 United States Code §1101 et seq.).
The second claim deals with the Supremacy Clause of the U.S. Constitution. Federal law, when pertaining to the U.S. Constitution and treaties with foreign nations is the Supreme Law of the Law and “trumps” any state action, according to Article VI, Clause 2.