Arizona countersues Federal Government over immigration bill

The State of Arizona has decided to sue the United States Government for failing to secure the State's border with Mexico and failing to enforce the laws that are already Federal Statutes.

This day has been coming for quite some time, as the Obama Administration, much like the Bush Administration, continuously embarrassed themselves by filing a law-suit against Arizona after the State passed SB1070 which would allow for more protective measures to secure the border with Mexico, deport illegal aliens and allow police officers to profile those that are not suppose to be in the country without proper paperwork.

Governor Jan Brewer decided to move forward on filing a counter suit against the United States Government, because "the federal government failed to protect the citizens of Arizona." And she has a good point.

While the Obama Administration continued to waste the taxpayers time and money for allowing a ridiculous law-suit to be filed in the first place since everyone in Washington D.C. has been lazy on enforcing immigration policy for many years, Arizona has been riddled with skyrocketing costs for the incarceration of criminals from Mexico, crime and Phoenix becoming the second 'kidnapping capital of the world'.

Despite the fact that a U.S. District Judge barred a specific requirement concerning police officers asking illegal aliens their immigration status, Governor Brewer remains optimistic and is determined to see Arizona win at the end of the day.

Isn't it just hypocritical of the Obama Administration to make outrageous remarks that the Arizona Law is Unconstitutional because illegal aliens don't have the documentation they're required to have, yet the Health Care Law he passed last year, requires everyone to have documentation on their insurance status?


The contradictions of this Administration is breath taking, and perhaps President Obama should shut up and get with the program and finally do something meaningful, as well as humane when it comes to the issue of illegal immigration. For one, you can start by getting rid of every single dirt bag drug dealer and gang-banger in the country and deport them back to their home country. Secondly, those that are living in this country and are contributing to our economy, allow them a rational and effective path to citizenship. Third, leave Arizona alone and realize that U.S. Congress, as well as yourself and former President Bush have failed to enforce immigration laws that are already on the Federal Government's books; and finally, address the ever-growing drug violence in Mexico and begin a strategic alliance with President Calderon on how to defeat the drug trafficking throughout our Southern neighbors... before it ultimately spills over into our territory.


For reasons like this, is exactly why Arizona passed this law in the first place.

California’s Law supersedes Federal Immigration Statute, but Arizona cannot enforce Federal Immigration Law?

The California Supreme Court ruled on Monday that illegal aliens are allowed to pay cheaper in-state tuition rates at California universities including the UC systems. The UC systems in particular, charge about $12,000 per year for in-state fees, and $35,000 for out of state.

Some critics are arguing that California’s decision on this matter is a violation of the 1996 Federal Statute, the Illegal Immigration Reform and Immigration Responsibility Act, which prohibits education benefits to illegal aliens, versus those immigrants that are actually here legally. But the California Supreme Court says that the State Law is not conflicting with the Federal Law because in California, any immigrant can automatically apply for in-state tuition as long as that immigrant attended high school within the State for three years.

This is a rather frustrating matter especially if you look at this somewhat in comparison to Arizona’s decision earlier this year to enforce its border security and deport persons that were in the State illegally, after the Federal Government stood firm on doing nothing, as it has done for many years. No surprise there.

But one might argue that Arizona enforcing the Federal Immigration Law is not the same situation as granting educational benefits to illegal aliens in California. Well, in fact there are some similarities when it comes to Federal Law. Under Aliens and Nationality 8 USC Section 1304, Provision E (and yes the Federal Law does address immigrants as aliens, not undocumented persons, but I digress) clearly spells out that any alien 18 years of age or older must possess a certificate of alien registration receipt card. Failure to do so, results in a misdemeanor, fined $100 and/or a 30 day imprisonment.

What happens if this illegal alien does not hold this paperwork after he or she is accepted to attend college in California? Does the Federal Immigration Law become enforceable, or are they just allowed to continue to attend college?

So California is allowed to grant educational benefits to illegal aliens if they’ve attended high school for at least three years, even after the California Supreme Court says State Law is not conflicting with the 1996 Federal Statute prohibiting such educational benefits, but Arizona, enforcing Federal Immigration Law within its State boundaries, has an injunction filed by the Arizona Supreme Court, blocking the enforcement? There seems to be a huge conflict between State Law and the Federal Law and what a State can and cannot do when it comes to illegal aliens.

I have to say that California seems to be holding a higher degree of amnesty for those illegal aliens attending high school for three years, versus others coming to California seeking an education from out of state. Why does that not sound somewhat discriminatory in a way? If you’re a permanent United States citizen, a student from Arizona or Colorado and you move to California, do you still have to end up paying more for education than the illegal alien now?

At the height when California public universities, both the UC and CSU systems are raising the tuition fees, this seems more like a pandering of making education “less expensive” for illegal aliens.

I will go ahead and note that the United States is the most welcoming country in the world, and encourage my generation from all over the world to come to this country, get an education and apply for a visa or citizenship. I even have friends from college that are from countries like Brazil, Germany, Sweden and Canada who all have to pay the certain out of state fees, some are seeking U.S. citizenship. Yet, they all have to wait, while other illegal aliens cut to the front of the line, and do not speak a word of English, and are able to apply for this low cost tuition for their education.  

It is truly remarkable that when it comes to our Federal Immigration Laws, Arizona mirrored that law, yet the similar Federal Immigration Statutes when it comes to certain education benefits of illegal aliens is not enforced upon California’s State Law.

When are we going to draw the line, and resolve the conflict?