Federal judge makes ruling on Arizona bill

Credit: Eric Thayer for The New York Times

As predicted, Arizona’s recently passed immigration was, indeed, deemed unconstitutional on some counts by federal judge, Susan Bolton, who in a preliminary injunction had this to say about the more controversial portions of the measure:

Preserving the status quo through a preliminary injunction is less harmful than allowing state laws that are likely pre-empted by federal law to be enforced. …

There is a substantial likelihood that officers will wrongfully arrest legal resident aliens. By enforcing this statute, Arizona would impose (citing a previous Supreme Court case, a) “‘distinct, unusual and extraordinary’ burden on legal resident aliens that only the federal government has the authority to impose.”

Yes: “only the federal government has the authority to impose.” This has been the issue, in my mind, all along, and unfortunately, the issue summons the tired, and at this point, almost anachronistic, debate on states’ rights that conservatives like Gov. Jan Brewer have attempted to resurrect, 19th-century-style, and feed off old, now buried, debates.

Brewer had this to say on the ruling, and here is The New York Times’ account:

“This fight is far from over,” said Ms. Brewer, whose lawyers had argued that Congress granted states the power to enforce immigration law particularly when, in their view, the federal government fell short. “In fact,” she added, “it is just the beginning, and at the end of what is certain to be a long legal struggle, Arizona will prevail in its right to protect our citizens.”

And Arizona senator Russell Pearce, a primary sponsor of his state’s bill, said:

The courts have made it clear states have the inherent power to enforce the laws of this country.

Let’s ignore the errancy of this argument for a second (federal jurisdiction does not equal state or county jurisdiction), the one problem here is simply that states don’t actually have the right to go willy-nilly into their own jurisprudence on the topic of naturalization and attempt to enforce federal laws when, in their leaders’ views, the feds aren’t doing their jobs. That’s a usurpation of federal law, and it’s as clear as the night sky. Once and for all, immigration and naturalization are federal concerns. That state officials are dissatisfied with the federal response to immigration is inconsequential and does not give states license, via our Constitution, to go it alone. Or else, we should remake or undo the United States as a collective.