Department of Justice Sues Arizona

The Department of Justice announced that it is suing the state of Arizona, on the grounds that the state’s new immigration law illegally intrudes on federal prerogatives. It invokes the legal doctrine of preemption, a concept in the Constitution’s supremacy clause that says federal law supersedes state statutes.

Multiple jurisdictions around the country have enacted resolutions to condemn Arizona’s laws, joined a national boycott of Arizona or instituted travel bans to Arizona. Boston City council has recently voted to condemn Arizona’s laws and multiple organizations in Massachusetts have acted to protest these laws.

The Student Immigrant Movement has been active in condemning Arizona. In solidarity with the Arizona activists, SIM instituted an emergency vigil on the steps of the state house when the bill was passed by Governor Jan Brewer. The vigil received national attention as one of the first solidarity actions against the bill led by students. SIM has participated in multiple rallies in protest of the bill, including a large Rally during the Arizona Diamondbacks vs Red Sox Baseball game.

While legislators in at least 20 other states are considering bills similar to the Arizona Law, the efforts in Massachusetts have been stalled due to the work of passionate activists around the state. An indefinite 24/7 vigil was held in front of the Statehouse by the Student Immigrant Movement in a coalition called MassHope2010 to protest Massachusetts attempt at copying the Arizona law. The vigil catapulted the Student Immigrant Movement to the national spotlight because of the commitment of the students to brave night, rain and other dangers while protesting hateful measures. It united over 30 organizations around the state and led to the defeat of these amendments in the Massachusetts Budget Bill. It also created new relationships between students, legislators, donors, lawyers and organizers, creating a stronger community ready to work for change.

This week’s announcement occurred on the heels of a major national address on comprehensive immigration reform from President Obama. The president called Arizona’s law “misguided”. Arizona’s law violates the constitution, represents an unchecked government intervention that violates the constitutional right of every american citizen, undermines law enforcement’s ability to control crime and discriminates against students, but more importantly, all U.S. citizens, based on skin color or accent.

This is a first step in Obama’s commitment toward reform and about time that the people in power actually stand up to shameless politicians. These unconstitutional laws must be challenged for the greater good of our communities and it is great that the Department of Justice has taken initiative. We are on the verge of passing the DREAM act, and these laws are a threat to the lives of all the students we represent.

We must pass change in the law, beginning with the DREAM Act.