Dismissal of Immigration Counterclaim
“Today’s U.S. District Court decision to dismiss Arizona’s suit against the federal government is frustrating but not entirely surprising. 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. Federal courts avert their eyes. American citizens pay the price.
“Remember that Arizona did not choose this fight. Our counterclaim followed the federal government’s almost unprecedented decision to sue the state over SB 1070. Despite today’s decision, the core of Arizona’s counterclaim holds true: the federal government has failed in its Constitutional and statutory duty to secure the border, failed to protect the State of Arizona against the harms of illegal immigration, been negligent in reimbursing the state for its costs to incarcerate illegal aliens and pre-empted the state from protecting the health and welfare of its citizens.
“Interestingly, neither the federal government nor the federal court dispute that the people of Arizona have been injured as a result of the rampant illegal immigration that our nation has allowed to occur. Instead, the court says this is a political matter beyond its oversight. When it comes to illegal immigration, however, the political process has been an unmitigated failure for decades. Arizonans deserve better.
“This decision makes it even more critical that the U.S. Supreme Court hear our defense of SB 1070. If the courts won’t hold the federal government accountable – as today’s decision makes clear – then states like Arizona need clarity in terms of the authority they have to combat illegal immigration.”