Jerry Lewis – Congressman 41st District

WASHINGTON – It is unfortunate that a federal judge has blocked portions of an Arizona law seeking to enforce federal immigration statutes even before they could take effect, Congressman Jerry Lewis said Wednesday. Lewis called on federal officials to stop spending money attacking a state law and focus on solving the border problems that caused Arizona to act in the first place.

“We are dealing with an administration that did not ask for any additional funding for border enforcement this year until after Arizona officials passed their own enforcement law in desperation,” Lewis said. “Before the law was passed, we were told that no new funding was needed; after the law, suddenly there was a call for $600 million in emergency spending for the border.”

“There is no doubt that our immigration officials have not done what is necessary to stop the violence and lawlessness along our border, and that is what caused Arizona to enact this law,” Lewis said. “Republicans on the Appropriations Committee have a standing commitment to provide the resources necessary, but instead of a workable border plan, the administration wastes funds on challenging this state law.”

Lewis urged U.S. District Court Judge Susan Bolton to allow Arizona to try to enforce the new law fairly before blocking elements. He challenged whether the federal government could suffer “irreparable harm” from a state supporting the enforcement of federal laws.

“I joined with dozens of other House members in a court filing that asserted to Judge Bolton that Congress has passed numerous laws calling for local officials to support the enforcement of federal immigration statutes,” Lewis said. “It seems bizarre that our immigration officials would now claim that the effort by a state to support these laws is burdensome.”

The “amicus brief” filed by Lewis and 76 other members declares that Congress, not the administration, maintains the “plenary authority” to prescribe immigration laws. Because Congress has passed numerous laws encouraging support from local officials to enforce immigration statutes, the administration is going against its wishes in challenging Arizona’s new law, according to the brief.

According to the amicus brief, active federal laws establish that:

· State and local law enforcement officials have the authority to arrest unlawfully present aliens.

· Bans cities from declaring themselves “sanctuaries” and protecting illegal immigrants from detention.

· Require federal officials to respond to state and local authorities requesting assistance with immigration status inquiries.

· Created and maintain the Law Enforcement Support Center Database specifically to aid state and local authorities in identifying immigration status.

· All states must ensure that their driver’s licenses are not issued to illegal immigrants, under the REAL ID act.

· Provide federal funds to reimburse states for incarceration of criminal aliens, and grants to support programs like the 287-G program used by both San Bernardino and Riverside County Sheriffs to identify illegal immigrants who have been arrested or incarcerated.

The brief makes a strong point that the Arizona law follows these statutes, and therefore should not be considered an undermining of federal policy on immigration enforcement.

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