United States Of America Sues State Of Arizona Over That State's "Immigration" Law, SB 1070. Read The Lawsuit Below.

Here's the complaint/lawsuit. Tell us what you think, would ya?

Salient points from the complaint:

39. Numerous other states are contemplating passing legislation similar to S.B. 1070.
The development of various conflicting state immigration enforcement policies would result in further and significant damage to (1) U.S. foreign relations, (2) the United States’ ability to fairly and consistently enforce the federal immigration laws and provide immigration related humanitarian relief, and (3) the United States’ ability to exercise the discretion vested in the executive branch under the INA, and would result in the non-uniform treatment of aliens across the United States.

46. Section 3 of S.B. 1070 (adding Ariz. Rev. Stat. 13-1509) makes it a new state
criminal offense for an alien in Arizona to violate 8 U.S.C. § 1304(e), which requires every alien to “at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him,” or 8 U.S.C. § 1306(a), which penalizes the willful failure to apply for registration when required. Section 3 of S.B. 1070 provides a state penalty of up to $100 and up to twenty days imprisonment for a first offense and thirty days imprisonment for any subsequent violation.

47. Section 3 of S.B. 1070 is preempted by the comprehensive federal alien
registration scheme – including 8 U.S.C. §§ 1201, 1301-1306, and 8 C.F.R. Part 264 – which provides a “standard for alien registration in a single integrated and all-embracing system.”
Hines, 312 U.S. at 73. Section 3 of S.B. 1070 conflicts with and otherwise stands as an obstacle to the full purposes and objectives of Congress in creating a uniform and singular federal alien registration scheme.

48. Section 3 – the enforcement of which S.B. 1070 effectively mandates through
operation of Section 2’s alien inspection and verification regime – demands the arrest and prosecution of all aliens who do not have certain enumerated registration documents. But several classes of aliens who are eligible for humanitarian relief are simply not provided with registration documents while their status is being adjudicated by the federal government, notwithstanding the federal government’s knowledge that these aliens are present in the United States. S.B. 1070 thus seeks to criminalize aliens whose presence is known and accepted by the federal government (at least during the pendency of their status review) and thereby conflicts with and otherwise stands as an obstacle to the full purposes and objectives of Congress in providing certain forms of humanitarian relief.

FIRST CAUSE OF ACTION – VIOLATION OF THE SUPREMACY CLAUSE

61. Plaintiff incorporates paragraphs 1 through 60 of the Complaint as if fully stated herein.

62. Sections 1-6 of S.B. 1070, taken in whole and in part, represent an impermissible
effort by Arizona to establish its own immigration policy and to directly regulate the immigration status of aliens. In particular, Sections 1-6 conflict with federal law and foreign policy, disregard federal policies, interfere with federal enforcement priorities in areas committed to the discretion of plaintiff United States, and otherwise impede the accomplishment and execution of the full purposes and objectives of federal law and foreign policy.

63. Sections 1-6 of S.B. 1070 violate the Supremacy Clause, and are invalid.

SECOND CAUSE OF ACTION – PREEMPTION UNDER FEDERAL LAW

64. Plaintiff incorporates paragraphs 1 through 63 of the Complaint as if fully stated herein.

65. Sections 1-6 of S.B. 1070 are preempted by federal law, including 8 U.S.C.
§ 1101, et seq., and by U.S. foreign policy.

THIRD CAUSE OF ACTION – VIOLATION OF THE COMMERCE CLAUSE

66. Plaintiff incorporates paragraphs 1 through 65 of the Complaint as if fully stated herein.

67. Section 5 of S.B. 1070 (adding Ariz. Rev. Stat. 13-2929) restricts the interstate
movement of aliens in a manner that is prohibited by Article One, Section Eight of the Constitution.

68. Section 5 of S.B. 1070 (adding Ariz. Rev. Stat. 13-2929) violates the Commerce
Clause, and is therefore invalid.

PRAYER FOR RELIEF

WHEREFORE, the United States respectfully requests the following relief:
1. A declaratory judgment stating that Sections 1-6 of S.B. 1070 are invalid, null, and void;
2. A preliminary and a permanent injunction against the State of Arizona, and its
officers, agents, and employees, prohibiting the enforcement of Sections 1-6 of S.B. 1070;
3. That this Court award the United States its costs in this action; and
4. That this Court award any other relief it deems just and proper.