but nowhere in that lawsuit is there any mention of this law violating anyone s human rights or even rights under the 14th amendment. the federal government never raised that issue. they only raised the issue of conflict with the federal government on the authority to implement immigration laws. so they are claiming a preemption issue. there is no human rightser 14th amendment issue. it s pure garbage. megyn: that s an interesting points. they did not challenge that law on equal protection grounds claiming it was a human rights problem, but only argued the feds have exclusive jurisdiction when it comes to immigration. it may have come as a surprise to you to see the state department view it as an international human rights violation. here is the challenge. i know the president has his people watching because they love fox news so much. name a human rights violation.
well, saying it looks like portions of the law she s parsed out, at least some of them, are what the goes beyond what the state has done, sort of building thano on building on that, overstepping because the government has argued the preemption issue, that the constitution allows immigration law and enforcement the states can t do it, and those supports the law have said all we re doing is codify whag the states do traditionally so if they ve gone with the borders, on the boundaries with the law, maybe it s coloring outside of the lines. it s interesting, knows people who drafted the arizona law said look, this is not going above and beyond federal immigration law, this is not doing anything that contradicts federal lawvment this is just enforcement. we re having our state law run parallel to the federal law and i think she upheld that part.
dealing with the racial profiling question, they dealt with the preemption issue whether states can preempt what should be a federal right. and this judge often rules that she actually defers to federal law and says the states can t rule at the local level, where it should be federal jurisdiction. so it was a win-win both for the obama administration and also a lot of civil rights groups. what does this say to you in your gut? as an hispanic-american, you see the court dealing with this issue with we can talk about the law, we can talk about the jurisdictions involved, but this basical basically gets to the very heart and soul of how minorities are treated in america. you know, it s difficult, because i can tell you that when the governor first signed this law, there was a silence in my office. and there was a silence because it was the very first time we convened and it was the first time my community basically said, this is the first time someone has told me i m not
bolton was appointed in 2000 by president clinton. so far she has only dropped hints but good ones as to how she might rule. joining us immigration attorney francisco hernandez. thanks for being with us. in its lawsuit against arizona the principle argument by the department of justice is the state law preempts federal law, because immigration enforcement is allegedly an exclusive federal prerogative. here s the question the judge posed to the deputy solicitor general. put it up on the screen: how is there a preemption issue? i understand there may be other issues you are arguing preemption. where is the preemption? if everybody who was arrested for some crime has their immigration status checked. does that suggest that the judge may not be buying the obama administration s main argument? i think that s absolutely right. i mean silly laws make silly lawsuits. this has no place being in the courtroom.
congressman, the issue is that congress needs to appropriate more funds and more resources. but right now but barring that, you can understand why a state would want to act. well, they may want to act, but they acted incorrectly. they acted in a way that preempts federal authority, but it s also discriminatory. the brief of the justice department talks about racial profiling potentially happening besides the preemption issue. it also talks about harming a relationship with another country. right now, we have six mexican border governors refusing to attend a yearly border conference with american border governors because of this incident, this issue in arizona. so, it is harming our foreign policy. what we need, candy, is for republicans and democrats in the congress to step up and pass comprehensive immigration reform, which they refuse to do because it s a hot issue.