Hearings were held in Arizona Federal District Court over Arizona’s immigration law. Here’s the gist of the Federal government’s argument over SB 1070:
Kneedler said the conflict with federal law comes because the status checks are mandatory, which could lead to federal agencies being overwhelmed with deportation requests.
Essentially he is saying this: The Federal government has decided to ignore a federal law. They refuse to enforce it; they refuse to do anything about it.
Given the purpose of the executive is to “faithfully execute the laws” of the United States, essentially this is a rebellion by the Executive against the laws passed by Congress.
What was it they used to say about signing statements? Weren’t they considered outrageous because the President was basically saying he was not going to do what Congress clearly said to do?
But now, in another context, the President is doing exactly the same thing.
Top officials at U.S. Immigration and Customs Enforcement, whose agents will handle most of the calls from Arizona authorities if the law takes effect, have said they will not necessarily respond to every call.
The ICE officials refuse to follow the law.
It’s as simple as that. Their job is to enforce the law. If they need more funds to enforce it, then their job is to ask Congress for those funds. They do not have the alternative of just ignoring that law because they think they might catch too many criminals!
And anyway – Kneedler is talking about an as-applied challenge. The Federal government can whine about the burden when and if the state starts referring too many cases to ICE for them to handle. Until that time, the Federal government has nothing to complain about.