Arizona loses lawsuit, will appeal E-mail
Written by Mark Nichols   

A federal judge has tossed out Arizona's lawsuit against the federal government over its failure to maintain control of the Mexican border and enforce immigration laws. According to a report from the International Business Times, Arizona's lawsuit was filed in response to the U.S. Department of Justice lawsuit seeking to stop the implementation of SB-1070, the state's harsh anti-immigration law. Arizona lodged five counterclaims against the U.S. in federal court.

U.S. District Judge Susan R. Bolton in Arizona dismissed Arizona's suit saying that the state failed to sufficiently claim that the federal government has abdicated its authority on illegal immigration enforcement.

"While Arizona may disagree with the established enforcement priorities, Arizona's allegations do not give rise to a claim that the federal government has abdicated their... responsibilities," Bolton wrote.

Arizona Gov. Jan Brewer described the court's ruling as "not entirely surprising."

She's pinning her hopes on a different outcome if and when the US Supreme Court decides to take up the case.

"It is but the latest chapter in a story that Arizonans know all too well: the federal government ignores its constitutional and statutory duty to secure the border," Brewer told reporters. "Remember that Arizona did not choose this fight."

At issue in the case was a basic question of jurisdiction. Is the federal government solely responsible for immigration enforcement or can states enact their own measures if they feel the federal government isn't getting the job done to its satisfaction?

A similar legal fight over immigration enforcement is currently brewing between the federal government and Alabama that has also enacted legislation similar to Arizona's.


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