Contributed by Piyush Seth, Esquire

pseth@tuckerlaw.com or 412.594.5640

July 6, 2010, the Department of Justice, the Department of Homeland Security, and the Department of State, which share responsibilities in administering federal immigration law filed suit against Arizona’s recently passed immigration law, S.B. 1070, in Federal court citing conflict with Federal law.

Attorney General Holder stated in his announcement that “Arizonans are understandably frustrated with illegal immigration, and the federal government has a responsibility to comprehensively address those concerns, but diverting federal resources away from dangerous aliens such as terrorism suspects and aliens with criminal records will impact the entire country’s safety. Setting immigration policy and enforcing immigration laws is a national responsibility. Seeking to address the issue through a patchwork of state laws will only create more problems than it solves.”

The Department has stated that in its brief that Arizona’s immigration policy exceeds a state’s role with respect to aliens, interferes with the federal government’s balanced administration of the immigration laws, and critically undermines U.S. foreign policy objectives. S.B. 1070 does not simply seek to provide legitimate support to the federal government’s immigration policy, but instead creates an unprecedented independent immigration scheme that exceeds constitutional boundaries,” the Department said in its brief.

Please click for a copy of the complaint and motion for preliminary injunction.