Are you puzzled about how the U.S. Government will argue against Arizona adopting and following Federal immigration laws? I was puzzled, but I think Rich Lowry has it sorted out.
The Obama administration's plan of action is to execute the Federal law "carefully," meaning they use discretionary enforcement, rather than following the letter of the law, which makes enforcement mandatory.
And all that amounts to an indirect way of saying that the Obama administration is willing to tolerate the presence of millions of illegal aliens in this country, and that, as far as it’s concerned, this preference constitutes the unalloyed law of the land...
In other words, such mandatory enforcement of the law conflicts with the executive’s discretionary enforcement of the law. If Arizona’s statute is in keeping with the letter of the laws as passed by Congress, so what? The executive can selectively pick and choose which elements of those laws to honor, and then on that basis quash state statues even if they mirror the handiwork of Congress.Will a court accept, that not following the law is a lawful stance?
As Lowry said, "if nothing else, the state of Arizona has smoked out the Obama administration," and put a spotlight on the administration's disinterest in detaining illegals.
In May 2010, I said the same thing. In an early response to Arizona's new law, John Morton the head of the U.S. Immigration and Customs Enforcement (ICE) said when Arizona hands over illegals picked up with the authority of the new law, he may not "accept" them, and said it is not "not good government" to criminalize the presence of illegals. I commented that "being in this country illegally hangs on the discretion of whomever is in power. Charles Krauthammer said this administration is "lawless" and indeed it is, including the Department of Justice. At one time I though the lawlessness was creeping, but with mandated health care, the New Black Panther voter intimidation case, and now Obama's lawsuit against Arizona, the lawless leaders are in full gallop.
Listen to this excellent commentary from Charles Krauthammer