Time in Houston:
Justice Dept. sues South Carolina over immigration law
November 1, 2011
South Carolina is not only facing outcry from civil rights groups over the new anti-immigration law due to come in to force in the new year - it is also facing a lawsuit from the Justice Department itself. The Justice Department is suing the state against the implementation of the law, claiming that it will overlap with and usurp the federal government's authority over law enforcement when it comes to immigration. The suit is the third filed by the department against states that have sought to bring in merciless immigration laws.
Speaking to the media on Monday, Assistant Attorney General Tony West, said the state had questionable grounds on which to bring in such measures.
"The South Carolina law directly conflicts with enforcement of federal immigration law as well as with immigration policies and priorities adopted by the federal government and therefore cannot stand," he explained. "You can take these lawsuits to stand for the principle that we believe the federal government ought to be the primary actor when it comes to federal immigration policy."
Under the new law, enforcement officers will have to ascertain the immigration status of everyone they arrest, and will be able to detain those they suspect of being illegal immigrants for a "reasonable" period of time. Critics have warned that it risks seeing US citizens and legal immigrants kept in custody for no need.
Governor Nikki Haley - herself the daughter of Indian immigrants - signed the bill into law in June. Her spokesman said that she would strongly resist the federal government's effort to block the new law.
South Carolina is not only facing outcry from civil rights groups over the new anti-immigration law due to come in to force in the new year - it is also facing a lawsuit from the Justice Department itself. The Justice Department is suing the state against the implementation of the law, claiming that it will overlap with and usurp the federal government's authority over law enforcement when it comes to immigration. The suit is the third filed by the department against states that have sought to bring in merciless immigration laws.
Speaking to the media on Monday, Assistant Attorney General Tony West, said the state had questionable grounds on which to bring in such measures.
"The South Carolina law directly conflicts with enforcement of federal immigration law as well as with immigration policies and priorities adopted by the federal government and therefore cannot stand," he explained. "You can take these lawsuits to stand for the principle that we believe the federal government ought to be the primary actor when it comes to federal immigration policy."
Under the new law, enforcement officers will have to ascertain the immigration status of everyone they arrest, and will be able to detain those they suspect of being illegal immigrants for a "reasonable" period of time. Critics have warned that it risks seeing US citizens and legal immigrants kept in custody for no need.
Governor Nikki Haley - herself the daughter of Indian immigrants - signed the bill into law in June. Her spokesman said that she would strongly resist the federal government's effort to block the new law.

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