Apart from the question of whether there exists an enumerated power in Congress to legislate in matters of immigration policy, there is the question of the legality of the lawsuit filed by the Obama administration against the State of Arizona and Governor Jan Brewer. There is evidence that the suit is proscribed by the Constitution and accordingly should be dismissed upon appropriate motion of the defendants.
In Judge Susan Bolton’s ruling granting the federal government partial preliminary injunction of several key provisions of Arizona's S.B. 1070, she made specific reference to the exclusivity of federal power to regulate immigration. Arizona, she held, should be prohibited from legislating in an arena that the Constitution meant to be within the zone of federal power.
Just one week after the American Civil Liberties Union issued a report castigating the Obama administration for its extension and expansion of Bush-era policies that infringe on civil liberties, the Washington Post reported on July 29 that the “administration is seeking to make it easier for the FBI to compel companies to turn over records of an individual’s Internet activity without a court order if agents deem the information relevant to a terrorism or intelligence investigation.”
Though neoconservatives and other pro-national security-state types would have Americans believe that President Obama has made a clean break with the Bush administration’s anti-terrorism program — things like “enhanced interrogation techniques” (i.e., torture), warrantless wiretapping, and imprisonment without trial — the fact is that very little has changed in this regard since January 20, 2009, as the American Civil Liberties Union documents in a scathing 22-page report entitled “Establishing a New Normal: National Security, Civil Liberties, and Human Rights Under the Obama Administration.”
The ink on S.B. 1070 hadn’t dried before motions to enjoin its enforcement were filed in federal district court. One of those motions, a motion for a preliminary injunction, was filed by the Department of Justice on behalf of the government of the United States. Wednesday, the court ruled on that motion.