Politico: The Justice Department filed suit Monday against South Carolina over a recently-passed state law seeking to step up local law enforcement action against illegal immigrants.
The law, set to take effect Jan. 1, requires local law enforcement officials to check the immigration status of everyone they detain. Proponents say the measure will reduce crime and other problems caused by illegal immigrants, but critics have warned that U.S. citizens and immigrants who are in the country legally could be kept in custody by police carrying out the new law.
The lawsuit - the third the Justice Department has filed against new measures states have enacted to crack down on illegal aliens - argues that the law usurps the federal government’s authority to enforce immigration laws.
A spokesman for Gov. Nikki Haley (R-S.C.), who signed the measure into law in June, said she would resist the federal government’s effort to block the new law.
“As the daughter of immigrants who came to this country legally, Gov. Haley understands that no American value is more sacred than the rule of law. That’s what this is about – nothing more, nothing less,” Haley spokesman Rob Godfrey said in a statement. “If the feds were doing their job, we wouldn’t have had to address illegal immigration reform at the state level. But, until they do, we’re going to keep fighting in South Carolina to be able to enforce our laws.”
In July 2010, the Justice Department filed suit against Arizona over its new anti-illegal immigration law, known as SB 1070. A federal judge blocked enforcement of key parts of the law and her decision was later upheld by a federal appeals court. Arizona has appealed to the Supreme Court, which is considering whether to take the case.
In August 2011, the Justice Department sued Alabama over a similar measure. Last month, a district court rejected challenges to the law.
Earlier this month, a federal appeals court blocked some aspects of the Alabama law but left others intact. The appeals court blocked provisions requiring public schools to check the immigration status of new students and making it a crime for foreigners to be in the state without proof of legal status. However, a requirements for police to check the immigration status of arrestee was allowed to stand.
The injunction is expected to remain in place in Alabama until the appeals court rules on the merits of the lawsuit.
While it’s been reported that the Justice Department was examining the South Carolina law, a federal judge there may have accelerated the process a bit.
After immigrant rights groups filed suit over the new measure earlier this month, U.S. District Court Judge Richard Gergel, issued an order stating that the federal government might be a “required party” for the lawsuit to proceed. He gave the Justice Department 15 days to respond, if it wished to. That deadline was set to expire Monday.
The law, set to take effect Jan. 1, requires local law enforcement officials to check the immigration status of everyone they detain. Proponents say the measure will reduce crime and other problems caused by illegal immigrants, but critics have warned that U.S. citizens and immigrants who are in the country legally could be kept in custody by police carrying out the new law.
The lawsuit - the third the Justice Department has filed against new measures states have enacted to crack down on illegal aliens - argues that the law usurps the federal government’s authority to enforce immigration laws.
A spokesman for Gov. Nikki Haley (R-S.C.), who signed the measure into law in June, said she would resist the federal government’s effort to block the new law.
“As the daughter of immigrants who came to this country legally, Gov. Haley understands that no American value is more sacred than the rule of law. That’s what this is about – nothing more, nothing less,” Haley spokesman Rob Godfrey said in a statement. “If the feds were doing their job, we wouldn’t have had to address illegal immigration reform at the state level. But, until they do, we’re going to keep fighting in South Carolina to be able to enforce our laws.”
In July 2010, the Justice Department filed suit against Arizona over its new anti-illegal immigration law, known as SB 1070. A federal judge blocked enforcement of key parts of the law and her decision was later upheld by a federal appeals court. Arizona has appealed to the Supreme Court, which is considering whether to take the case.
In August 2011, the Justice Department sued Alabama over a similar measure. Last month, a district court rejected challenges to the law.
Earlier this month, a federal appeals court blocked some aspects of the Alabama law but left others intact. The appeals court blocked provisions requiring public schools to check the immigration status of new students and making it a crime for foreigners to be in the state without proof of legal status. However, a requirements for police to check the immigration status of arrestee was allowed to stand.
The injunction is expected to remain in place in Alabama until the appeals court rules on the merits of the lawsuit.
While it’s been reported that the Justice Department was examining the South Carolina law, a federal judge there may have accelerated the process a bit.
After immigrant rights groups filed suit over the new measure earlier this month, U.S. District Court Judge Richard Gergel, issued an order stating that the federal government might be a “required party” for the lawsuit to proceed. He gave the Justice Department 15 days to respond, if it wished to. That deadline was set to expire Monday.
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