A federal judge ordered an immediate halt Monday to Arizona’s enforcement of identity theft laws that penalize immigrants in the country illegally for seeking employment.
U.S. District Judge David G. Campbell said in his order that the laws are at odds with federal statutes that protect such immigrants from prosecution simply for applying for work.
Federal law makes it a crime to use falsified documents, but draws a distinction between identity theft and application to work. The application to work by an immigrant in the country illegally is not, in itself, a crime under federal law.
Arizona tried to change that. In bills passed in 2007 and 2008, Arizona changed the definition of identity theft to include attempts at employment by immigrants in the country illegally. Maricopa County Sheriff Joe Arpaio began to enforce them.
A group of plaintiffs challenged those laws, including a woman who was convicted of identity theft and a taxpayer in Maricopa County, which includes Phoenix. They objected to using taxpayer dollars to enforce the law. Arpaio tried to get the suit thrown out of court.
The plaintiffs argued before Campbell that the federal rule on employment applications by immigrants in the country illegally supersedes Arizona law. To resolve those challenges, Campbell took into account a 1947 U.S. Supreme Court case that says courts should assume that “the historic police powers of the states” aren’t superseded “unless that was the clear and manifest purpose of Congress.”
I am sure that that is why Arizona is being victimized. Sheriff Joe Arpaio has been enforcing all the laws and been hit on every count, especially if it deals with the illegal aliens.. I am so sick and tired of the illegals trying to make our country other than what she used to be. We used to have English only on all signs, reading material, spoken at the stores and banks and people assimilating into this country and our ways. Next they will be putting all the road signs in 3 or 4 languages and screw us Americans. Can hardly wait till #DML2016 and we start getting our country back! I will be looking forward to your proposed COS Constitutional Amendments. Maybe we can get the process started and start seeing some hope for our children and grandchildren.
Thank you Oren.
Joan, You are right on. That is the hope of so many of us.
I take it that the federal judge held that the 10th Amendment was of no importance.
Since when does federal law trump state laws? Arizona....KEEP ON.
Since federal judges and politicians said it does, unfortunately.
It's not suppose to.
The judges and the politicians of the NATIONAL government have decided the Sovereignty Clause of the Constitution means that they can overrule any and all State decisions. Yet Article 1 Section 8 only gives the federal government limited authority to do so in matters specifically delegated to the federal government.
And the Constitution gives Congress the right to replace this judge...he may have been appointed by a prez but the Constitution says they are under control of the Congress....
However, the Constitution states that removal of federal judges must be through the impeachment process. Do you think enough Democrat senators would join Republicans to achieve a 2/3rds victory in the Senate to convict and remove him?
Vote from the roof tops.
Obama does not listen to Federal Judges why should Arizona.