Here We Go Again: Immigration Stupidity from Arizona, State and Governor Brewer Counterclaim Against U.S. Government

Arizona and its Governor apparently will do whatever it can to stay in the immigration news.  As Professor Cruz reported yesterday, Arizona Governor Jan Brewer, who was recently re-elected Governor despite a stunning debate performance (or lack therof), has counterclaimed against the U.S. government for allegedly failing to control the border and enforce the U.S. immigration laws; Arizona seeks hundreds of millions of dollars of damages for the alleged costs of undocumented immigration. 

Among other things, the lawsuit claims that the federal government has failed to protect Arizona from an “invasion” of undocumented immigrants and seeks reimbursements and more border enforcement.   Similar suits have failed in the past.  See, e.g., Wilson v. United States, 104 F.3d 1086 (9th Cir. 1997) (rejecting claim by state that federal government failed to guarantee republican form of government under Invasion and Guarantee Clauses of Article IV of U.S. Constitution by failing to stop undocumented immigration into state); Chiles v. United States, 69 F.3d 1094 (11th Cir. 1995), cert. denied, 517 U.S. 1188 (1996) (same).

Arizona filed the counterclaim in the U.S. government’s suit challenging Arizona’s controversial immigration law known as SB 1070. So far, the courts, in response to the suits by the U.S. government and others, has enjoined the bulk of the law from going into effect.  The injunction entered by the distric=t court is currently under review in the Ninth Circuit, which heard oral arguments last November.   

For a NPR report on Arizona’s counterclaim, click here.  For the Governor’s press release, see Download PR_021011_Counterclaim[1]  For the State’s explanation of the claims, see Download PR_021011_CounterclaimSummary[1]

Arizona’s expansion of the federal lawsuit challenging SB 1070 has already drawn fire.  The following is a statement from Ali Noorani, Executive Director of the National Immigration Forum:

“Today, Governor Jan Brewer upped the ante in her virulent war of words with the federal government. Brewer’s lawsuit cites, among other things, a ‘failure to protect Arizona from invasion.’ This is only the latest in Brewer’s dishonest comments on immigration. This summer she repeatedly and falsely claimed that headless bodies had been found in the desert, a reason she cited for signing SB 1070. She also repeatedly trumped up claims of border violence, despite official and overwhelming evidence that the American border cities are among the safest in the nation.

Let’s be clear: Governor Brewer’s countersuit is a cheap political stunt and a waste of time. Her choice of words is particularly inflammatory in a state that needs no more rhetorical gasoline. While we agree with Governor Brewer that the federal government has failed to address the broken immigration system, we disagree with her poor judgment, her over the top and dishonest rhetoric, and her decision to waste even more tax dollars on a battle that should never have been waged.

SB1070 has been ruinous for Arizona’s reputation and today’s announcement will only sully it further. It is a pity that Governor Brewer will spend state money, time, and energy on this lawsuit while Arizona’s unemployment rate of 9.4% is well over the national average and the state’s $1.15 billion budget deficit means severe cuts to Arizona health care programs, higher education, and law enforcement. Brewer and other state elected officials should focus instead on compelling their congressional delegations to pass comprehensive immigration reform so that we can end illegal immigration once and for all and restore the rule of law.”

KJ