People For the American Way

House votes to slam courthouse doors shut to immigration cases

Last month, the Supreme Court heard oral arguments in Arizona v. United States, a case that will examine key provisions of Arizona’s infamous and draconian immigration law, SB 1070. Sponsored by ALEC member and former Senate President Russell Pearce, and several others with ALEC ties, SB 1070 was developed in close consultation with ALEC and now stands as one of its model bills.

The Department of Justice argues that Arizona unconstitutionally usurped the federal government’s role in enforcing immigration law. PFAW and other opponents cite evidence of wrongful arrests, racial profiling, and discrimination, especially against Latinos and other minorities.

Now efforts are being made in to block court challenges to SB 1070 and similar laws in other states. On May 9, the US House passed Amendment 1063 by a 238-173 vote.

An amendment to prohibit the use of funds to be used by the Attorney General to originate or join in any lawsuit that seeks to overturn, enjoin, or invalidate Immigration Enforcement Laws in Oklahoma, Missouri, Arizona, Utah, Indiana, Alabama, South Carolina, and Georgia.

Note the especially selective list of states, through which anti-immigrant forces seem to be trying to muzzle DOJ only where they approve of the legislation that is (or might be) challenged, showing a profound and dangerous contempt for the rule of law.

As the ACLU put it:

The DOJ’s filing of this lawsuit proves [that] the department takes its role in stopping rampant racial profiling seriously. Congress should support the DOJ’s role in protecting the constitutional rights of those subjected [to] racial profiling, not tie the department’s hands as the House has with the Black amendment. It is now up to the Senate to ensure that the Black amendment doesn’t become law.

Thankfully, it’s likely that the Senate will do just that.

For more information on ALEC’s role with SB 1070 and other controversial bills, check out PFAW Foundation’s report on ALEC in Arizona (and its April 2012 update).


112th Congress, ACLU, ALEC, American Legislative Exchange Council, Civil Liberties, Department of Justice, Diane Black, DOJ, Immigration, Policy Corner, public policy, racial profiling, Russell Pearce, SB 1070, Supreme Court