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US Department of Justice Poised to
Challenge Arizona Immigration Law
WASHINGTON
(By
Richard A. Serrano and Kate
Linthicum, Tribune Washington Bureau
and Los Angeles Times)
May 27, 2010
―
Top Justice Department officials
have drafted a legal challenge
asserting that Arizona's
controversial immigration law is
unconstitutional because it impinges
on the federal government's
authority to police the nation's
borders, sources said Wednesday.
At the same time, the government
officials said, the department's
civil rights section is considering
possible legal action against the
law on the basis it amounts to
racial profiling of Hispanics who
are legally in Arizona but
conceivably could be asked to
provide documents proving their
citizenship.
U.S. Atty. Gen. Eric H. Holder Jr.
met Wednesday with nine top police
chiefs who object to the Arizona
legislation and promised them he
would act on the recommendations
soon, a spokesman said.
The police chiefs urged Holder and
the Obama administration, which has
grave reservations about the Arizona
measure, to stop the law. The chiefs
said it would seriously hamper local
police work if officers had to serve
as border patrol policemen.
"He did say the Justice Department
is seriously considering what they
would do and that could come very
soon," said Chuck Wexler, the
director of the Police Executive
Research Forum, a think tank that
helped bring the police chiefs
together with Holder.
Echoing concerns from Obama and
Holder, the chiefs told the attorney
general during the closed-door
meeting the problem with the Arizona
law is it will break down trust
between victims and witnesses of
crimes and the police officers in
their communities.
One of the attendees was Los Angeles
Police Chief Charlie Beck, who said
afterward he told Holder
"legislation like this inhibits us
from doing our jobs" and would deter
immigrants from reporting crimes,
either as victims or witnesses.
"The fear of the police already
inhibits immigrants from coming
forward to a certain extent," Beck
said. "But if you add this, you
increase the reluctance tenfold.
"People should remember undocumented
immigrants are witnesses in all
kinds of crime, and this does not
just affect them. If people don't
come forward to help the police
solve and protect against crime, no
matter what their status, then we
are doomed to failure. It threatens
to destroy a lot of the work that
has been done."
Beck added his officers are guided
by a different set of rules than
those laid out in the Arizona law.
For more than three decades, he
said, the agency has followed a
policy that prohibits officers from
initiating contact with someone
solely to determine whether he or
she is in the country legally.
But an additional dozen or more
states are considering passing
legislation mirroring the Arizona
law, which is to go into effect in
July. That groundswell of support
for the Arizona law is part of what
is pushing Holder and the White
House to act swiftly if they decide
they want to strike down the measure
in Arizona.
The new Arizona law requires police
to determine the immigration status
of anyone they stop and suspect is
in the country illegally. It also
makes it a state crime to lack
proper immigration papers in
Arizona.
Matthew Miller, the Department of
Justice's chief spokesman,
acknowledged Holder had told the
police chiefs a decision on federal
action would come quickly.
But Miller also cautioned "the
review is still on."
"There's really not been any
decisions yet," he said. "We're
still working on it, and it's still
being discussed internally."
He declined to discuss what legal
strategy the department would
pursue. Nevertheless, Miller said
the meeting with the police chiefs
was very helpful.
"The attorney general thought the
police chiefs raised important
concerns about the impact the
Arizona law will have on the ability
of law enforcement to keep
communities safe," he said.
Two of the chiefs meeting with
Holder are from Arizona: Roberto
Villasenor of Tucson and John W.
Harris of Sahuarita, who also serves
as president of the Arizona Assn. of
Chiefs of Police.
"The attorney general asked us very
specific, good questions about our
experiences — all the things we've
heard — to get a good reading on the
ground," Wexler said. "Beyond that
he did not give us any indication of
what the Justice Department is going
to do.
"We were not trying to influence the
attorney general as much as to have
a conversation with him about our
concerns and also get the Obama
administration focused on the need
for national legislation."
"The U.S. attorney general listened
to us — we had a great conversation
— but he was not committal," the Los
Angeles chief said. "His task is to
announce his plans to the American
people, not necessarily to this
group. I think we influenced him,
but we will see."
Despite the opposition to the law
from Obama and Holder, many
Americans support it; some polls
indicate that as many as 70% are in
favor of giving local police the
authority to check on someone's
legal status in the United States.
Likewise, not all top U.S. police
officials are against the law. Even
in Arizona, some wholeheartedly
support it. They include Maricopa
County Sheriff Joe Arpaio in the
Phoenix area, who has long railed
against the influx of illegal
immigrants there, and Pinal County
Sheriff Paul Babeu, head of the
Arizona Sheriff's Assn.
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