For immediate release Con: Michael Finch
September 20, 2010 Tel: 818-849-3470 Ex. 212
David Horowitz Freedom Center files Brief in Federal Court in defense of Arizona
The David Horowitz Freedom Center through its legal arm, the Individual Rights Foundation (IRF) has filed an Amicus Brief on behalf of the State of Arizona in its defense against the United States of America in the U.S. Court of Appeals for the Ninth Circuit. President Obama’s Department of Justice has sued the State of Arizona to block the State’s enforcement of existing federal immigration laws.
Manny Klausner, chief counsel of the IRF is joined in filing the brief with the Center for Constitutional Jurisprudence and its council John Eastman. Center Board Member Karen Lugo also is one of the attorneys assisting in this effort. Joining the IRF and the CCJ in the brief are Congressman Ed Royce (CA), Congressman Lamar Smith (TX), Congressman Ted Poe (TX) and Congressman Tom McClintock (CA).
The main argument set forth in the Brief is that well established judicial precedent shows that it is Congress, not the Executive which has plenary power to set Immigration policy. The Brief points out that “the Supreme Court’s has been very clear on where the Constitution assigns power over immigration policy and that power lies with the Congress, not with the President.”
Case law has been so clear that the Courts have held that no state can add or detract from the congressional plan with different laws of its own. Contrary to media spin and disinformation coming from the White House, the Arizona law does not differ from federal law. In actually incorporates by reference, in virtually all significant regards, the actual provisions of federal law.
Further, the brief supports that “while Congress cannot compel states to lend an enforcement hand to its immigration policy it certainly does not undermine Congress’ policy when a state voluntary acts to assist with enforcement of Congress’ policy.”
At its root, the Obama’s DOJ case against Arizona is an Executive power grab usurping the rights of the people and the Congress. The brief states that “the Supreme Court’s precedent does not support such a sweeping claim of executive power in the immigration area.”
The Amicus Brief goes on to make the case with ample court precedent that Federal law actually encourages collaborative assistance from state and local law enforcement and that the states have broad police-power authority to protect the health and safety of their citizens and other lawful residents.
Over the past two years the David Horowitz Freedom Center has, through its websites, articles, pamphlets and conferences tracked the radical transformation of America undertaken by this President. We have witnessed the massive overreach in power, exhibited in the passage of the health care bill, the federal take over of large sections of the economy and now the usurpation of rights of the people and the States.
As this Brief makes clear, the State of Arizona is well within in its constitutional rights to use local resources to enforce existing federal law to protect the health and safety of its citizens. For the Obama Administration to use the power of the Federal government to sue the State of Arizona is an egregious overreach of Executive power that tramples the constitutional rights of citizens.