Friday, February 11, 2011

Feds face countersuit from Arizona's governor

Arizona Governor filed a lawsuit against the federal government for its poor enforcement of immigration laws and failure to adequately control the U.S.-Mexico border. She also sued the fed for requiring such high costs associated with jailing illegal immigrants who commit crimes.

The claims emphasizes the federal government's failure to protect Arizona from an invasion of illegal immigrants crossing the border. In addition, the claim seeks to acquire more funds and increased protection measures like better fencing on the Mexican border.

The governor's claim is a countersuit to the fed's legal challenge regarding Arizona's immigration law enforcement. The Justice Department is taking action to invalidate the law.

Because they (federal government) have failed to fully protect Arizona citizens, we are left with no other alternatives, said the Governor.

The spokesperson for the Justice Department elected not to comment on the countersuit. A representative for the U.S. Department of Homeland Security, the organization responsible for border regulation, labeled the Arizona Governor's claim meritless and argued that the border's enforcement staff is the highest that it has ever been.

"Not only do actions like this ignore all of the statistical evidence, they also belittle the significant progress that our men and women in uniform have made to protect this border and the people who live alongside it," said the Homeland Security spokesperson. "We welcome any state and local government or law enforcement agency to join with us to address the remaining challenges."

The Governor's lawsuit seeks that the feds take additional steps to better enforce the Mexico-Arizona border. The claim also asks for more border agents, fencing and technology along the border.

There is a desperate need to step up security around the Arizona-Mexico border, claimed a Tucson medical malpractice lawyer. "I've been hearing a lot of issues regarding illegal immigration control, and something needs to be done about it." he added.

Arizona is not looking to acquire an award from the suit, but rather demands much needed changes in the way the government reimburses states for the costs of jailing illegal immigrants.

Arizona's enforcement law was put into law during a time of many complaints that the fed has failed to lessen the state's responsibility in enforcing the nation's busiest illegal entry point. The law's passage prompted protests over whether the law would lead to a large influx racial profiling.

The result of the Governor's claim could set an interesting precedent over border control as well as an allocation of the federal spending money, said a Tuscon personal injury lawyer who is tracking the case.

The enforcement law would have required agents, while busy regulating other matters of law, to question an individual's immigration status if officials had reasonable suspicion the person crossed the border illegally. That requirement was put on hold by a U.S. District Judge, coupled with a mandate that immigrants carry immigration registration papers.

However, the judge allowed other components of the law to take effect. One key part of the law bans individuals from blocking traffic while seeking or offering day-labor services on streets.

Arizona's Governor challenged the decision made by the U.S. District Judge in an appeals court. She argued the judge erred by accepting speculation by the federal government that the law could potential burden legal immigrants, and by concluding the federal government likely would prevail. The appeal is still pending.

Arizona Attorney General, one of the top lawyers defending the law on behalf of the state, claimed Arizona is faced with inconsistent costs from illegal immigration enforcement, yet the feds claim the state is relieved from assisting in the enforcement of federal immigration law.

The state's Attorney General noted that the Federal Government has done a poor job in protecting the state against a invasive illegal immigrants.

The Governor's lawsuit drills on the problem concerning Arizona's unreimbursed costs for imprisoned illegal immigrants. The Governor's predecessor, who is currently the secretary of Homeland Security, consistently submitted invoices to the Justice Department seeking such reimbursement when she was governor.

The claim does not outline exactly how much in reimbursement funds the state desires, but rather, seeks that the court reviews the criteria on which reimbursements are based upon.

In the filing, the Governor noted latest annual reimbursement from the federal government, which totaled almost $10 million. The state had dish out an additional $125 million to cover the illegal immigration costs.

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