US Lawsuit Against ARIZONA in Plain English

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PEG_US v ARIZONA
Copyright © 2009 UNLOCKDOCS.COM. All rights reserved. Patent Pending
* Federal Lawsuit/US v. STATE OF ARIZONA and JAN BREWER* Action
The US claims the following:
The US wants to declare SB 1070 invalid because it violates the Supremacy Clause of the US
Constitution. [Federal laws and treaties with other countries must go through the federal government, not states.]
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In our constitutional system the federal government is the supreme authority over immigration
issues, and has to balance several things:
a. national laws
b. enforcement
c. foreign relations
d. humanitarian interests
Congress has assigned enforcement of immigration laws to federal agencies and three executive
offices:
a. Department of Homeland Security (DHS)
b. Department of Justice (DOJ)
c. Department of State
States can only exercise police power when dealing indirectly with minor immigration issues.
States aren’t allowed to set their own immigration policies or interfere with federal immigration
laws and policies.
The Constitution prohibits patchwork immigration policies across states and local authorities.
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Despite this, Arizona recently passed SB 1070, a bill meant to prevent illegal aliens from entering
and staying in the state.
SB 1070 gives all state and local government agencies in Arizona the authority to enforce this
new law. It states that police have a duty to determine immigration status whenever there is
“reasonable suspicion.”
It applies criminal penalties to those who are here illegally.
It also gives legal residents of Arizona the right to sue for damages if any official or agency fails
to enforce SB 1070 to the fullest extent permitted by federal law.
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SB 1070 pursues only one goal – “attrition” [reducing] – and ignores many other objectives that
Congress has established. In doing this, the bill interrupts the federal government’s priority,
which is to capture aliens who pose a threat to national security or public safety. This state law
conflicts and undermines federal efforts. For example, it will:
1. Drain federal resources and agencies that are meant to target dangerous aliens on a
national level
2. Detain and harass authorized visitors, immigrants and citizens who don’t have, or carry,
the identification required by the statute
3. Sweep many into the enforcement of the bill that are not meant to be included
4. Conflict with federal laws regarding registration, smuggling, and employment of aliens
5. Ignore federal humanitarian efforts to protect victims, or help those here as a result of
natural disasters
6. Interfere with US foreign policy and national security regarding Mexico and other
countries
The US understands Arizona’s legitimate concerns, and has focused efforts on our borders.
The federal government is open to cooperative efforts. But the US Constitution forbids Arizona
to interfere by setting up its own state-specific policy. Therefore, SB 1070 is invalid and must be
struck down.
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PEG_US v ARIZONA
JURISDICTION AND VENUE
Because this falls under the US Constitution and the Immigration and Nationality Act (INA), this
is the appropriate court to hear this case.
Most of the events happened in Arizona, so the District of Arizona is the appropriate venue.
Also, the defendants are the Governor of Arizona, and the State of Arizona.
PARTIES
PLAINTIFF: USA
DEPARTMENT OF HOMELAND SECURITY (DHS)
DEPARTMENT OF JUSTICE (DOJ)
DEPARTMENT OF STATE
DHS is responsible for:
1. Administration and enforcement of immigration laws

2. Investigation of crime
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3. Protection of our borders against illegal entry

4. Providing citizenship
5. Immigration services
DOJ is managed by the Attorney General, who shares immigration-related responsibilities with
DHS, and can order deportation.
DEPARTMENT OF STATE is partially responsible for administration of federal immigration laws,

including visas.
DEFENDANT: STATE OF ARIZONA

JAN BREWER, as GOVERNOR OF ARIZONA
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STATEMENT OF THE CLAIM

Federal Authority and Law Governing Immigration and Status of Aliens
The Supremacy Clause of the Constitution demands federal laws to be the supreme authority of
the US, despite anything in a state constitution.
The Constitution gives the federal government the power to establish immigration laws and to
regulate business with other countries. The federal government also controls immigration
requirements, and regulates immigration status.
The Constitution gives the President the authority to oversee the execution of laws, and broad
authority over foreign affairs.
Congress enforces immigration laws through provisions found in the INA, by determining:
1. Who is eligible to enter and live in the US

2. Who will be deported
3. Consequences for coming here illegally
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4. Penalties
5. Conditions to be met in order to live here
6. Alien employment
7. Process for citizenship
According to the INA, the executive branch of the US has the power to enforce federal
immigration laws, and federal agencies decide what remedies are appropriate in each case.
The federal government places a priority on dangerous aliens. This includes:
1. Terrorists
2. Spies
3. Criminals, such as those involved in;

a. violence
b. felonies
c. repeat offenses
4. Certain gang members
5. Those with outstanding warrants
6. Fugitives with criminal records
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Congress has to take several things into account when creating federal immigration laws and
policy, such as a variety of competing national interests. Preventing illegal aliens from entering
and living in the US is very important, but not the only goal. Our laws also consider unique
national interests, including:
1. Trade
2. Visitors that come here legally
3. Fair and equal treatment of legal residents
4. Humanitarian treatment
5. Ensuring treatment of individuals doesn’t harm foreign relations or treatment of US
citizens abroad
Because immigration control demands flexibility in congressional policy, Congress gives the
President and federal agencies a lot of discretion to balance these interests.
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The DHS and DOJ oversee most of the US immigration interests, and have the power to enforce
the INA. The Department of State also has the power to administer immigration laws, including
visa programs, according to the INA.
The DHS can order prosecution and deportation.
The DOJ can deport an alien for things such as staying after a permit expires, or committing a
crime. The DHS and DOJ can charge civil and criminal penalties for immigration violations. On
the other hand, if it helps with some other immigration goal, they have the authority to:
1. Forego sanctions
2. Allow an alien to leave voluntarily, and at his or her expense
3. Choose not to deport
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PEG_US v ARIZONA
Federal law allows an illegal alien to be here under certain conditions, such as;
1. Safety from race, religion, nationality, social, or political persecution
2. Natural disaster
3. War
4. Humanitarian issues
5. Family unity
6. Other extraordinary situations
With this in mind, DHS and DOJ use discretion when considering whether to deport, charge
penalties, or protect aliens. These decisions are based on policies made by Congress and
balanced by the executive branch, not just the status of our resources.
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Congress, which holds the exclusive authority for determining who stays or goes, has decided
merely being found here illegally isn’t enough to detain someone, or press criminal charges. [As
stated above, the US makes allowances for asylum, fleeing from domestic violence, persecution, refugees, etc. There
are also times when someone may arrive legally but become “illegal” due to civil circumstances, health issues, etc.]
Rather, it becomes a part of a criminal offense when an alien is here after deportation. Illegal
entry, however, is a criminal offense.
Congress specifically gives federal immigration officers the authority to:
1. Patrol the US border
2. Search vehicles and land near the border
3. Prevent illegal aliens from entering
4. Arrest illegal aliens when it’s likely they will escape before a warrant can be obtained
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PEG_US v ARIZONA
Congress has created an alien registration system for monitoring those who enter the US. This
system requires aliens to register with the Department of State when applying for visas. Any
alien, 14 years old or older, who is here for 30 days or more and hasn’t complied, must register
and be fingerprinted by the DHS. If not they can be imprisoned for up to 6 months. Aliens are
also required to report any change of address to the DHS within 10 days.
Congress designed the registration forms, determined what exceptions can be made, and the
confidential nature of the information.
Aliens 18 years of age or older are required to carry their alien registration document or card.
The INA stresses that anyone who fails to comply can be fined and imprisoned for up to 30 days.
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There are several reasons when an alien won’t be given registration papers, such as:
1. Safety from persecution

2. As victims of human trafficking
3. As victims of violent crime
While an application under these exceptions is pending, the alien may not have papers and is
certainly not going to be prosecuted.
These humanitarian programs demonstrate federal policy to assist and welcome such victims to
the US. It would violate federal policy to prosecute or detain these aliens simply based on
immigration status – which is often known to the federal government, but for certain reasons
doesn’t amount to deportation.
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Congress has already made smuggling illegal aliens into the country, and transporting them
within US borders, a criminal offense. A person will be criminally charged for “knowingly”
transporting an illegal alien.
However, the criminal charges are directed at the smuggler, not illegal aliens using
transportation for secondary purposes. Congress chooses not to penalize an illegal alien simply
for moving within the country or across state lines unless other factors are present. The same
goes for those providing a ride in this limited capacity.
Federal laws apply to those who intentionally hide, harbor, or shield an illegal alien from
detection, or encourage others to enter the US illegally.
Federal law does not, however, limit the movement of either illegal or legal aliens between
states. Federal law also exempts religious groups who invite foreigners here to do missionary
work or for ministry reasons, and give them basic living expenses.
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Congress prohibits illegal alien employment. Federal laws also make it illegal to allow an alien to
continue working if you later discover he or she is illegal, or has become illegal.
Congress applies civil penalties for immigration document fraud to both employers and aliens.
Congress chooses not to apply criminal penalties to illegal aliens trying to find work in the US,
but they can be deported.
DHS enforces immigration laws through:
1. US Immigration and Customs Enforcement (ICE)

2. US Customs and Border Protection (CBP)
3. US Citizenship and Immigration Services (USCIS)
4. State and local agencies
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Congress provides a number of ways for a state to assist federal government in enforcing
immigration laws. For example:
1. When a mass of aliens create an emergency that requires an immediate Federal

response.
2. When the DHS gives appropriately trained and supervised state and local officers the
authority to help with investigating, arrest, and detention of aliens
3. When state and local law officers are needed to arrest aliens previously deported after
being convicted of a felony
DHS uses a variety of programs through states and local governments to enforce federal
immigration laws, such as.
1. Law Enforcement Agency Response Program (LEAR). This is Arizona-specific program

that responds to calls from state and local policeman who need help from ICE with
suspected illegal aliens, 24/7.
2. Law Enforcement Support Center (LESC). Administered and operated by the ICE, this
program provides immigration status and identity information to local, state and federal
law enforcement regarding aliens involved in criminal activity, 24/7.
3. ICE and CBP officers assist with translation, determine alien status, and evaluate
documentation.
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PEG_US v ARIZONA
Although federal law gives state and local officials an opportunity to participate, it doesn’t mean
states can enact their own immigration policies to compete with national policy.
Forming immigration policy and balancing enforcement priorities is strictly reserved for the
federal government. It doesn’t fall within the state’s police powers.
ARIZONA’S SB 1070
APRIL 23, 2010: Governor Brewer passed SB 1070 to prevent aliens from entering or living in
Arizona illegally by using state and local law enforcement. It requires police officers to arrest
individuals if there is a “reasonable suspicion” that they’re illegal immigrants.
It also allows any legal resident of Arizona to sue for damages if an official or agency adopts
policies that don’t prosecute to the full extent of federal law.
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PEG_US v ARIZONA
SB 1070 imposes criminal penalties:
1. If an alien fails to register or carry documentation
2. For so-called smuggling, transporting, or harboring an illegal alien
3. For encouraging an illegal alien to move to Arizona
4. For illegal aliens who seek work
Also, local and state police officers have the authority to make arrests without warrants if they
think an alien did something that rises to the level of deportation, even if the suspected act
didn’t happen in Arizona.
At the same time, Brewer issued an executive order requiring police officers to take training in
what defines “reasonable suspicion,” and to stress that race, color or national origin alone, can’t
be part of that definition.
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PEG_US v ARIZONA
One week later, Brewer amended the bill with the newer HB 2162 in response to those who
expressed concern that it would lead to racial profiling.
SB 1070 tries to second guess federal policies and shuffle federal priorities, even though states
have no say in federal domains.
Arizona’s SB 1070:
1. Disrupts the INA national enforcement system
2. Interferes with US foreign affairs priorities, and ignores humanitarian and security
objectives
3. Harms a variety of US interests
SB 1070 tries to set state-specific immigration policy in an area constitutionally controlled by the
federal government exclusively.
It conflicts with federal immigration law and policy. It conflicts with foreign policy. It impedes
the objectives of Congress, and so it is prevented.
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PEG_US v ARIZONA
SB 1070 creates new state immigration crimes regarding employment, transportation, and
presence. It increases the chance an alien will be imprisoned by requiring legal status
verification while allowing Arizona police to arrest them for these type of crimes, even if the
crime has no connection with Arizona.
SB 1070 ignores all other objectives in the federal immigration system, including the priority to
remove dangerous aliens.
Congress demands that our federal immigration policy consider many things: immigration
control, national security issues, as well as humanitarian concerns and foreign relations.
Arizona created state crimes for unlawful presence, even though these acts are not criminal acts
according to Congress.
SB 1070 interferes with federal policy and enforcement of US immigration laws.
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PEG_US v ARIZONA
SB 1070 conflicts with federal government objectives, and has already created problems for US
diplomacy with countries such as Mexico. SB 1070 impacts national security, drug enforcement,
tourism, trade and a variety of other issues.
As a result of Mexican President Calderon’s Address to Joint Meeting of Congress on May 20,
2010, the US has been criticized by other countries and international organizations. This has
created a breakdown in border security and disaster management.
SB 1070 undermines US foreign policy related to immigration issues and other national concerns.
Other states are considering similar legislation. This would result in further significant damage
to:
1. US foreign relations
2. US ability to fairly enforce federal immigration law and humanitarian efforts
3. The discretion of the executive branch to make decisions as provided through the INA,
which would result in inconsistent treatment of aliens across the US
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PEG_US v ARIZONA
SECTION 2
Section 2 of SB 1070 requires officers to make a reasonable attempt to determine someone’s

legal status and verify with the federal government. It also requires any person arrested to have
their status verified before being released.
This section lets legal residents file a civil action to challenge any agency that adopts a policy
that limits enforcement.
The fact is, Arizona police, like federal, have always had the option to verify immigration status
during a lawful stop. Now, the threat of private lawsuits and the required status check, make
verification and prosecution mandatory.
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PEG_US v ARIZONA
So the mandatory verification combined with new state criminal penalties, forces officers to
maximize their scrutiny of a person’s legal status. This will effect those that the federal
government has already reviewed and chosen not to penalize.
This will result in countless inspections and detention of people who are here legally.
An Arizona officer is required to verify status if he or she has a “reasonable suspicion,” that the
person is here illegally. But because “reasonable suspicion,” is not definitive proof, the rule has
to apply to everyone – even those who are here legally, as well as US citizens. Further, because
federal authorities may not be able to immediately verify each status, and rarely have any
information at all related to US citizens, this will result in longer and longer detention of even
legal persons.
The burden will be on people who are legal but can’t prove it immediately, such as those who
don’t have a driver’s license or underage minors. This will subject legal aliens to the possibility
of an inquisition and police shadowing. Congress plainly designed the federal immigration
program to prevent this type of problem.
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PEG_US v ARIZONA
Mandatory state alien inspection will require federal verification. This will burden federal
resources and the DHS in the following way:
1. Increase number of requests for verification

2. Direct focus away from priority immigration issues
3. Require federal government to direct resources away from dangerous aliens, putting our
national security and public safety at risk
This violates the Supremacy Clause.
Section 2 conflicts with the objectives of Congress. It creates a break in the priority order the
federal government places on enforcement.
Section 2 doesn’t help with any legitimate state interest.
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SECTION 3
Section 3 makes it a new state crime for an alien to violate United States Codes that require
aliens to carry registration documents at all times. It penalizes those who intentionally fail to
apply for registration. The state penalty is:
1. A maximum of $100
2. A sentence of up to 20 days for the first violation
3. A sentence of 30 days for the second violation
Section 3 is preempted by the federal alien registration program, which provides standardized
registration in a single integrated system.
Section 3 demands the arrest and prosecution of all aliens who don’t have registration papers.
But there are many classes of aliens who aren’t given papers while their federal cases are
pending.
SB 1070 seeks to criminalize aliens the federal government already knows about. This is a
problem for Congress regarding certain forms of humanitarian relief.
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Section 3 attempts to seek control of the details surrounding an alien’s entry and presence in the
US, without serving any state police purpose.
The federal government’s exclusive authority over the regulation of immigration, preempts the
state of Arizona.
SECTION 4
Section 4 makes it a felony for a person to smuggle human beings for profit or commercial
purposes.
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Federal smuggling law is a higher authority than Arizona’s smuggling law. The differences
between the two are important, and show that Arizona’s law actually regulates the presence of
illegal aliens already here, and not smuggling at all. Here is why:
1. Arizona’s law forbids any commercial transportation service from giving a ride to an
illegal alien.
2. Arizona’s law charges both the driver/transporter and the illegal alien with a crime.
3. Arizona’s law doesn’t target smuggling across the US international borders.
Arizona’s smuggling law regulates an alien’s life in the US by essentially banning illegal aliens
from using commercial transportation. Within certain guidelines, a state can regulate conduct
that isn’t regulated by the federal government. However, Arizona’s smuggling law challenges
existing federal immigration laws. It also burdens legally registered aliens, because commercial
transportation providers will refuse service. Therefore, Arizona’s smuggling law is an obstacle for
Congress in creating penalties for illegal entry and presence in the US.
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SECTION 5
This section makes it a crime for an illegal alien in the US to work, or try to get a job, in Arizona.
Arizona’s new state laws regarding employment of aliens, is prevented by federal law. Federal
laws penalize the employer: the worker isn’t penalized for humanitarian reasons. Making this a
crime in the state of Arizona is an obstacle to the objectives of Congress.
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PEG_US v ARIZONA
Arizona makes it a new state crime to:
1. Transport someone you know is an illegal alien
2. Hide an alien from authorities
3. Encourage an illegal alien to come to Arizona if you know they’re in the US illegally
The Arizona law makes exceptions for certain professions, but ignores religious organizations
which invite and assist in bringing an alien to the US as ministers or missionaries. The federal
government makes allowances for these aliens.
This new law attempts to stop illegal entry in the US through Arizona. States are specifically
barred from this subject, according to the US Constitution
The new law also restricts interstate commerce. This is in direct violation with the US
Constitution, which assigns management of interstate commerce to the federal government.
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SECTION 6
This section allows the officer to arrest anyone he or she believes has broken a law worthy of
deportation. It doesn’t require the officer to coordinate with DHS to confirm it. It doesn’t
require the offense to have taken place in the state of Arizona.
In the past, Arizona law allowed arrests without warrants if someone was suspected of having
committed a crime in Arizona. Now, Section 6 also allows arrests if the crime was committed in
another state, so long as the officer believes the crime is worthy of deportation. It’s clear the
purpose of this section is to provide more opportunities to arrest aliens on the basis of
immigration status.
This section:
1. Makes no exception for aliens who have already been cleared by federal authorities. It
also ignores the fact that only federal authorities can actually issue deportation.
2. Will result in arrests based on out-of-state crimes, even if the crime and immigration
issues have already been resolved.
3. Interferes with federal authority, and will place a burden on legal aliens in a way that
conflicts with federal immigration laws.
4. Will result in the arrest of aliens whose out-of-state crimes wouldn’t be worthy of
deportation at all.
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PEG_US v ARIZONA
Because of everything mentioned here, defendants’ actions cause substantial harm to the US.
This court action is the only remedy available to the plaintiff.
1ST CAUSE OF ACTION

Violation of the Supremacy Clause
All paragraphs above are included here.
SB 1070 allows Arizona to create its own immigration policy and directly regulate the
immigration status of aliens. This conflicts with federal law and foreign policy. It ignores federal
policies, interferes with US enforcement priorities, and impedes federal objectives.
Sections 1-6 violate the Supremacy Clause, and are invalid.
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PEG_US v ARIZONA
2nd CAUSE OF ACTION

Preemption Under Federal Law
Sections 1-6 are preempted by federal law and foreign policy.
3rd CAUSE OF ACTION

Violation of the Commerce Clause
Section 5 restricts transportation of aliens in a manner that is prohibited by Article 1, Section 8

of the US Constitution. [“Congress has the power to regulate Commerce with foreign Nations, and
among the several States, and with the Indian Tribes…”]
It violates the Commerce Clause so it’s invalid.
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PEG_US v ARIZONA
PRAYER FOR RELIEF
The US asks for the following:
1. Sections 1-6 of SB 1070 be declared invalid, null and void

2. Stop the State of Arizona from enforcing these sections
3. Reimburse the US for its costs in bringing this court action
4. Award any other relief found to be just and proper
END
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PEG_US v ARIZONA

US Lawsuit Against ARIZONA in Plain English

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US Lawsuit Against ARIZONA in Plain English

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Definition for each icon you may see in your document

Clear. No further clerical assistance needed.

Plain English applied here.

The US claims the following:

b. Department of Justice (DOJ)

It applies criminal penalties to those who are here illegally.

JURISDICTION AND VENUE

DHS is responsible for:

1. Administration and enforcement of immigration laws

3. Protection of our borders against illegal entry

DEPARTMENT OF STATE is partially responsible for administration of federal immigration laws,

DEFENDANT: STATE OF ARIZONA

STATEMENT OF THE CLAIM

1. Who is eligible to enter and live in the US

The federal government places a priority on dangerous aliens. This includes:

3. Criminals, such as those involved in;

4. Certain gang members

5. Those with outstanding warrants

6. Fugitives with criminal records

The DHS can order prosecution and deportation.

1. Safety from race, religion, nationality, social, or political persecution

6. Other extraordinary situations

Congress specifically gives federal immigration officers the authority to:

1. Patrol the US border

2. Search vehicles and land near the border

3. Prevent illegal aliens from entering

1. Safety from persecution

DHS enforces immigration laws through:

1. US Immigration and Customs Enforcement (ICE)

1. When a mass of aliens create an emergency that requires an immediate Federal

1. Law Enforcement Agency Response Program (LEAR). This is Arizona-specific program

SB 1070 imposes criminal penalties:

1. If an alien fails to register or carry documentation

2. For so-called smuggling, transporting, or harboring an illegal alien

3. For encouraging an illegal alien to move to Arizona

4. For illegal aliens who seek work

1. Disrupts the INA national enforcement system

3. Harms a variety of US interests

SB 1070 interferes with federal policy and enforcement of US immigration laws.

Section 2 of SB 1070 requires officers to make a reasonable attempt to determine someone’s

1. Increase number of requests for verification

This violates the Supremacy Clause.

Section 2 doesn’t help with any legitimate state interest.

3. Arizona’s law doesn’t target smuggling across the US international borders.

Arizona makes it a new state crime to:

1. Transport someone you know is an illegal alien

2. Hide an alien from authorities

1ST CAUSE OF ACTION

All paragraphs above are included here.

Sections 1-6 violate the Supremacy Clause, and are invalid.

2nd CAUSE OF ACTION

All paragraphs above are included here.

Sections 1-6 are preempted by federal law and foreign policy.

3rd CAUSE OF ACTION

All paragraphs above are included here.

Section 5 restricts transportation of aliens in a manner that is prohibited by Article 1, Section 8

It violates the Commerce Clause so it’s invalid.

PRAYER FOR RELIEF

The US asks for the following:

1. Sections 1-6 of SB 1070 be declared invalid, null and void

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