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"The Libido for the Ugly"
PHOENIX A federal judge pushed back Thursday against a contention by the Obama Justice Department that a tough new Arizona immigration law set to take effect next week would cause irreparable harm and intrude into federal immigration enforcement.
Why cant Arizona be as inhospitable as they wish to people who have entered or remained in the United States? U.S. District Judge Susan Bolton asked in a pointed exchange with Deputy Solicitor General Edwin S. Kneedler. Her comment came during a rare federal court hearing in the Justice Departments lawsuit against Arizona and Gov. Jan Brewer (R).
Bolton, a Democratic appointee, also questioned a core part of the Justice Departments argument that she should declare the law unconstitutional: that it is preempted by federal law because immigration enforcement is an exclusive federal prerogative.
How is there a preemption issue? the judge asked. I understand there may be other issues, but youre arguing preemption. Where is the preemption if everybody who is arrested for some crime has their immigration status checked?
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Throughout the hearing, Judge Bolton fired a flurry of questions and comments that hinted at her thought process. At one point she asked Mr. Kneedler why Arizona cannot be as inhospitable as it wants toward those who enter the US illegally. And to Bouma she pointed out that the removal process of someone with illegal status is a complex, highly litigated determination that a federal immigration judge makes.
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