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Arizona Countersues Feds Over Border 'Invasion'

Arizona's lawsuit claims the federal government has failed to gain "operational control of the border," enforce multiple federal immigration laws, and protect Arizona from the impact of illegal immigration.

February 10, 2011
Arizona Countersues Feds Over Border 'Invasion'

 

2 min to read


Arizona filed a counter-suit against the federal government today, claiming Washington is failing to secure the state's Mexico border or protect Arizona residents against the negative effects of illegal immigration, Gov. Jan Brewer announced today.

Brewer and the state's Attorney General Tom Horne announced the filing, which comes in reponse to the Obama Administration's suit to overturn the state's SB 1070, signed by Gov. Brewer in April.

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"Our message for the federal government is simple: Use federal resources to combat the cartels that are breaking federal law," Gov. Brewer said in a statement. "Don't attack Arizona, which is helping to enforce federal law."

Arizona's lawsuit claims the federal government has failed in five areas, including gaining "operational control of the border," enforcing multiple federal immigration laws; protecting Arizona from economic harms and violence associated with illegal immigration; reimbursing Arizona for more than $760 million in combined costs for the incarceration of illegal aliens; and not preempting Arizona from protecting the health, safety and welfare of its own citizens.

"While control of the border is a federal responsibility, illegal aliens who successfully cross the border and commit crime in Arizona become an Arizona responsibility," Attorney General Horne said in the statement. "By not doing its job, and using its alleged preemption rights to stop Arizona from performing its law enforcement obligations, the United States is violating Arizona's 10th Amendment rights."

The Obama Administration's Department of Justice sued Arizona in July to overturn the new law. In late July, U.S. District Court Judge Susan Bolton blocked many of the provisions.

Early this year, federal leaders such as Attorney General Eric Holder and Homeland Security Secretary Janet Napolitano have said the southern border is more secure than ever.

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