But Assistant Attorney General Tony West of the Obama administration told U.S. District Court Judge Susan Bolton ''she has no legal authority to review the state's contention that Arizona is under invasion and that the federal government is not doing its job. He said issues of what the federal government is - and is not - doing to secure the border are ''non-justiciable political questions'', according to the April 14th eastvalleytribune.com article, ''Obama attorneys: Arizona has no right to sue over border security''.
Interestingly, this isn't Arizona's first time at the ‘invasion' rodeo. West brought up the fact that the 9th Circuit rejected the state's similar claim nearly 15 years ago.
West was quoted as saying in legal briefs that: ''The regulation of immigration and control over the borders are matters firmly entrusted to the political branches. Similarly, protection of the United States from ‘invasion' implicates matters of foreign policy and defense which likewise are vested exclusive with the political branches.''
In addition, Arizona is seeking financial reimbursement for the costs associated with dealing with illegal immigrants. Specifically, State Attorney General Tom Horne filed a claim against the federal government in February addressing this issue.
This claim comes on the heels of the federal government's challenge of SB 1070. In what seems like a Catch 22 for Arizona, the Obama administration claims the very law that gives law enforcement greater power to detain and arrest suspected illegal immigrants is actually stepping on the toes of the federal government's exclusive powers.
The 9th U.S. Circuit Court of Appeals upheld an injunction Bolton issued last year barring the state from enforcing key provisions of SB 1070. She ruled that the Department of Justice would probably be successful with its claims that the law is unconstitutional and further, permitting Arizona to enforce the law would harm the legitimate interests of the federal government.
One has to wonder if there aren't greater forces at work, political or otherwise, that are attempting to repeal the highly controversial SB 1070. At any rate, it's a sad commentary on the state of the union when a state is suing its own government, Catch 22 or not.
