Latino clergy group plans legal challenge to Arizona immigration law

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HACKENSACK, N.J. — A national Latino clergy group intends to file a federal court petition Tuesday in Phoenix challenging the constitutionality of Arizona’s controversial new immigration law, which is the toughest in the nation.

The Rev. Miguel Rivera, a Ridgefield, N.J., resident and founder of the National Coalition of Latino Clergy & Christian Leaders, said the law — which was signed Friday by Arizona Gov. Janet Brewer and requires police to check identification of people they suspect may
be illegal immigrants — is unconstitutional because it will lead to
civil rights violations and racial profiling, and because it would
encroach on a matter which is federal.

The clergy group, which has 300 member churches in Arizona,
Rivera said, plans to file a petition outlining various reasons why it
views the law as unconstitutional, and asking the court to render an
opinion on the matter quickly. Several major civil rights groups across
the country have said they also intend to mount court challenges to the
law, which also would make it illegal to knowingly transport or harbor
an illegal immigrant, and to fail to carry documentation proving lawful
presence in the United States.

“Every Latino in Arizona will be in harm’s way with this law,” said Rivera, who recently traveled to Arizona
to meet with both opponents and supporters of the measure. “This is a
law that sanctions, essentially, racial profiling. Police officers will
work on the assumption that every brown person is an undocumented
immigrant.”

The law, which would take effect 90 days after Arizona’s
current legislative session ends, is being closely watched around the
country, where many municipalities, counties and states have considered
measures addressing illegal immigration out of what local officials say
is frustration over the federal government’s failure to deal with the
issue.

“This can spread to other states,” Rivera said. “We
hope that our action in court will lead the court to apply an
injunction and stop the implementation of the law. The Arizona law criminalizes undocumented immigrants, but the federal law says it’s a civil violation, not a crime.”

The law has revved up the national debate over what to do with the estimated 12 million illegal immigrants living in the United States. President Barack Obama has called the new law “misguided” and instructed the Justice Department to examine it to see if it’s legal.

William Sanchez, an attorney for CONLAMIC, as Rivera’s
group is known, said that the first step would be to seek a court
opinion on the constitutionality of the Arizona
law. Then, CONLAMIC, which Sanchez and Rivera said already has lined up
plaintiffs to provide testimony about the harm the law would bring,
would file a lawsuit challenging the law, they said.

Arizona’s
governor said after signing the bill that the state had become
overwhelmed by a lack of immigration control at the border, and growing
violence attributed to illegal immigration.

After signing the bill, the governor said:
“Border-related violence and crime due to illegal immigration are
critically important issues to the people of our state. We cannot
sacrifice our safety to the murderous greed of drug cartels. We cannot
stand idly by as drop houses, kidnappings and violence compromise our
quality of life.”

Supporters of tough immigration enforcement applaud Arizona’s
law, saying that local officials cannot simply do nothing as they see
illegal immigration continue unabated in their communities.

“What nobody on the other side understands is that the people of Arizona got fed up with the borders not being secure and immigration laws not being enforced by the federal government,” said Ron Bass, founder of the Linden, N.J.-based
United Patriots of America. “These illegal aliens have ignored our
laws. There’s a reason countries have borders and immigration laws.”

Immigration advocates say it is time for Congress and the White House
to overhaul the immigration system both to address enforcement and to
provide a pathway to legalization for illegal immigrants who meet a
strict set of criteria. Latino leaders, in particular, have grown
increasingly frustrated over what they say is Obama’s failed promise –
made during his campaign for the presidency — to push immigration
reform legislation in his first year in office.

Salaheddin Mustafa of Clifton, president of the New Jersey
chapter of the American Arab Anti-Discrimination Committee, said:
“Clearly, we’re a big enough nation that we can work on multiple things
at the same time. You keep delaying action on immigration, and you end
up having things like this.”

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Distributed by McClatchy-Tribune Information Services.

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