'Stunning' Clause In AZ Immigration Law Lets Citizens Sue Govt For Lack Of Enforcement

Source: Talking Points Memo

'Stunning' Clause In AZ Immigration Law Lets Citizens Sue Govt For Lack Of Enforcement
Zachary Roth | April 28, 2010, 6:45PM

A highly unusual provision of the Arizona immigration bill -- and one that has flown largely under the radar until now -- could take police resources away from violent crimes in favor of immigration enforcement, as well as triggering a flood of time-consuming lawsuits. One expert calls the provision "stunning."

A clause of the bill, signed last week by Governor Jan Brewer, allows Arizona citizens to file suit against any government entity that "adopts or implements a policy or practice that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law."

In other words, Arizonans can sue government entities, state or local, if they believe those entities aren't fully enforcing the law -- including, of course, this new law itself. The government could be on the hook for penalties as high as $5000 per day.

That kind of explicit permission to sue the government for not enforcing the law is almost unheard of, according to Mark Miller, a professor at the University of Arizona Law School. "This kind of ... private right of action for an executive decision," -- that is, a law enforcement policy adopted by the government -- "is to my knowledge completely unknown, and to my mind, stunning," Miller told TPMmuckraker.

Read more: http://tpmmuckraker.talkingpointsmemo.com/2010/04/stunning_clause_in_az_immigration_law_lets_citizen.php

hateful laws and the government functionaries would just ignore them. This is their response.

They just made it possible for them to be sued.

Government has to give permission to get sued. They have given permission to sue for lack of enforcement of this law. They have not given permission to be sued in other circumstances.

Doesn't say anything about having to give permission, the whole point seems to be that you don't have to get permission. Mind you, I'm not saying it makes sense or anything like that, I just saying that's what it says.

The part you are referring to says:

G. A PERSON MAY BRING AN ACTION IN SUPERIOR COURT TO CHALLENGE ANY
12 OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL
13 SUBDIVISION OF THIS STATE THAT ADOPTS OR IMPLEMENTS A POLICY THAT LIMITS OR
14 RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL
15 EXTENT PERMITTED BY FEDERAL LAW.

They can only sue those agencies that are not enforcing this particular law.

attention liberals move to Arizona and we can out number the old carpet baggers with a new breed of enlightened citizens.

It is absolutely amazing.

saw about this law.

there's litigation for everything imaginable. why not this? there are costs associated with unfettered immigration which impact on taxes and social services. you cannot deny the right of a citizen to sue. school districts and municipalities are sued all the time.

:sarcasm: