Constitutional Law

DOJ Files Suit Challenging Ariz. Immigration Law

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Updated: The U.S. Department of Justice has filed a lawsuit that challenges Arizona’s new immigration law and seeks an injunction to halt enforcement.

The suit, filed in federal court in Phoenix, claims the the Arizona law is pre-empted by federal law, according to the Washington Post, Fox News and the National Public Radio blog The Two Way, which posted the motion for an injunction. The state law requires police to seek proof of a person’s immigration status if they have a reasonable suspicion the person is in the country illegally.

The suit “contained a civil rights component as well, arguing that the Arizona law would lead to police harassment of U.S. citizens and foreigners,” the Post story said. Declarations filed in the suit claim the law would hamper the ability of U.S. agencies to enforce immigration laws nationwide because Arizona is expected to refer so many undocumented immigrants to federal authorities, according to the story.

The ABA has also raised the pre-emption issue and racial profiling concerns in an amicus brief in a different challenge to the law filed by the American Civil Liberties Union.

The Post had said the suit could be filed today in a story published this morning.

Updated at 2:15 p.m. to reflect that the lawsuit was filed today.

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