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Justice Department Challenges Utah’s Immigration Law

Thursday, November 24, 2011


The Department of Justice and other agencies filed a complaint Tuesday in Salt Lake City that challenges Utah’s immigration law, saying the state violates the U.S. Constitution due to its attempt to establish a state-specific immigration policy.

The department said the law mandates enforcement measures that can disrupt immigration practices by the federal government in the area. The Justice Department also expressed concern that, under the law, individuals could potentially be harassed and wrongfully detained, according to a statement.

This is the second lawsuit filed against the law. Civil rights groups filed a lawsuit earlier this year, and a federal judge granted a temporary restraining order in May against House Bill 497. That bill requires people arrested for serious crimes to prove their citizenship but gives police discretion to check citizenship for lesser crimes.

Similar lawsuits have taken aim at immigration enforcement in states like Arizona, Alabama and South Carolina.

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  • nvrpc

    Go Utah and please deploy a policy that’ll work and tell the the government to stick it up their ano where the sun doesn’t shine. Click on my name, page 2, immigrantion control. It’s a MUST!

    • Dan

      There is a simple solution to this problem. Round up all the illegals and transport them to where lawmakers and lwayers who oppose States who try to protect their citizens from illegal immigration live. Then drop them off. Make it their problem and see what they do.

    • TheThinMan

      Take them to Chicago and Washington DC – let’s see how long the “love them then”

    • shannon853

      the word “immigration” is now a buzz word and has nothing to do with real immigration. it relates to the numbers of illegals crossing in our country. to control “immigration” i suggest fire power! works every time and since illegals are being armed and are targeting border agents, it is long past time to enfoce our borders with extreme force.

    • madog2

      If the department of jackasses consentrated on criminals such as voter fraud, illegal aleins, black panther thugs, crooked polititions and imposters in the WH and stayed out of state business this country would be better off. But they first need to get rid of the scum bag that holds the title AG.

  • Zeb Blanchard

    Two things:
    Art. I, Sec. 8, cl 4., of the Constitution (that Holder has never read) states: “Congress shall have Power . . To establish an uniform Rule of Naturalization, . . .”. So that’s about it for the fedgov’s responsibility to coordinate activities amongst the various states when it comes to immigration, illegals, aliens, etc. Amendment X takes over from there.
    And Art. III, Sec. 2. Cl. 2 states that “In all cases . . . in which a State shall be Party the supreme Court shall have the original Jurisdiction:, i.e. the fedgov can only sue a state in the SCOTUS.
    We are a Nation of Laws; those laws coming from our Constitution which We created. Our destiny depends on whether we defend that Constitution, or not.

    • Dancer2

      Pretty sad that when they “choose” to follow the Constitution it’s about something that they should be taking care of but when they choose not to follow the Constitution it’s because they are doing what’s best for us! Slimebags!!

    • shannon853

      while you are legally right, our courrts now use shria laws to deside cases. also the states reserve the right to make laws in some cases. however, when teh majority of people vote and pass laws in a state for some reason courts feel they have the power to overturn those laws and allow teh minority to dictate teh law is invalid. there should be no court that can over turn a law voted in by a majority. being able to do so allows NO POWER TO THE PEOPLE!!!

    • jim 28th reg.

      Amen. Our congressmen have been ignoring the Constitution for years and it’s way past time to clean house and prosecute each and every single one of those involved in criminal actions.

    • Co-opted Confederate


  • Ltjg

    Lets concentrate on the Justice Department and Holder not Utah. This is just a way of diverting attention away from himself. Stay focused keep an eye on the ball.

    • Bob SCPO USN Retired

      Ltjg is correct. Holder is suing anyone and everyone to get the pressure off him and DOJ over the debacle of Fast and Furious. There are over 30 House of Reps calling for Holder to go. He has violated his office by not prosecuting the Black Panthers for voter intimidation, refuses to go after Acorn. He is a puppet of Obama anda disgrace to his office. Should be HANGED in a public place as an example. I’ll volunteer to pull the lever.

    • John

      I think you would have a big fight on your hands over who gets to pull the lever as many many Americans would be proud to have that privilege on the whole administration maybe we should builod gang gallows say about a dozen at a time

  • fliteking

    The last thing the liberals want to do is encumber Illegal Aliens abilities to vote in the upcoming elections.

    Some of us wrongfully assume citizen safety and enforcing laws on the books would be the priorities of the liberals. Not true, the liberals in power will gladly trade the safety of your children for another illegal vote.

    Here is a link to the truth as researched and explained by the American Legion.

  • cheryl

    If the gov. would follow the law that they instated against illegal imigration we would not have to sue the states. It’s plain as the nose on your face that this administration will not follow the law hoping to get the hipanic vote. One of the things they didn’t count on is that a majority of the hispanics are conservative in their lives and beliefs.

    • Betty

      I have been reading and hearing that the hispanics vote Democrat for all the free bees and etcetera

    • Liberty59

      Not all hispanics, Betty, My husband came legally in 1975, yes, I know not many do!!! But he would never vote Democrat. Thats the difference…if you come illegally, you have broken the law and have come to suck the system dry. If you come legally, you want to become a “citizen”, part of our society, there is a difference! My foreign born husband loves this country, votes, pays taxes and knows more about our Constitution than I do! Make them come legally or stay the heck away! We don’t need takers, we need contributors! Gosh, I wish they would get this in Washington…oh, how I do wish! I guess we all do…what will it take???

    • John

      The problem is they will not vote for republicans as they are the ones holding up the legalization of all these illegal aliens that have absolutely no right to be here so they vote for the dems & that is why the demoratic party curries to them

  • JCF1


  • http://yahoo Wilbur Williams

    I have nothing against Hispanics or any other nationality. I just say they need to come to these United States Of America through the legalized way not just walking, or flying in illigally my deceased wife came to the United States an finaly passed her citizen ship test 1n 1975 after studying and passing the citizenship test it took her 5yr
    to accomplish, but I incouraged her all I could. So all those who are here illigaly go home and apply and return legally period!!!

    • John

      They can apply all they want but are probably not going to get a green card as they are just about all unskilled uneducated low life thieves & much more I always wondered why they were so proud to be beaners as they contribute almost nothing to any one

  • Larry

    The Justice Department needs to have someone that can give justice to this country but as long as Eric Holder is in charge the only thing that will be done is crime sense he and his boss are tied to organized crime.

  • GDC

    It’s past time to impeach Holder, prosecute him, EXECUTE him!

    • Dean

      I agree. See below.

  • Kevin

    Here is a copy of an e-mail thats going around….Dear Senator Harkin…as a native Iowan and excellent customer of the Internal Revenus Service, I am writing to ask for your assistance. I have contacted the Department of Homland Security in an effort to determine the process for becoming an illegal alien and the referred me to you….My primary reason for wishing to change my status from U.S. Citizen to illegal alien stems from the bill which was recently passed by the Senate and for which you voted. If my understanding of this bill’s provisions is accurate, as an illegal alien who has been in the United States for five years, all I need to do to become a citizen is to pay a $2,000 fine and income taxes for three of the last five years. I know a good deal when I see one and I am anxious to get the process started before everyone figures it out. Simply put, those of us who have been here legally have had to pay taxes every year so I’m excited about the prospect of avoiding two years of taxes in return for paying a $2,000 fine. Is there any way that I can apply to be illegal retroactively? This would yield an excellent result for me and my family because we paid heavy taxes in 2004 and 2005. Additionally, as an illegal alien I could begin using the local emergency room as my primary health care provider. Once I have stopped paying premiums for medical insurance, my accountant figures I could save almost $ 10.000 a year. Another benefit in gaining illegal status would be that my daughter would receive preferential treatment relative to her law school applications, as well as “in-state” tuition rates for many colleges throughout the United States for my son. Lastly, I understand that illegal status would relieve me of the burden of renewing my driver’s license and making those burdensome car insurance premiums..This is very important to me given that I still have college age children driving my car. If you would provide me with an outline of the process to become illegal (retroactively if possible) and copies of the necessary forms I would be most appreciative. Thank you for your assistance. Your Loyal Constituent, (hoping to reach “illegal alien” status rather than just a bonafide citizen of the USA). WOW where do I sighn up!!!

    • jim 28th reg.

      WOW I think this would be an excellent idea for all of us. I had a friend whose daughter married a man of Spanish heritage. She was approached & offered free day care for their children -pick up & return – until the GOVERNMENT FUNDED ORGANIZATION found out they were both AMERICAN CITIZENS & NOT MEXICAN then they were told they do-not qualify for assistance.More taxpayer $$$ down the drain.

    • Riverdweller

      Quite a few years ago a friend of mine who also married and became a Mrs. De La so and so called a bank that was advertising very low interest loans. She wanted a consolidation loan and on the phone everything was all hunky dory and when you come in Mrs. De La so and so all the paperwork will be ready for you to sign. When she showed up and OMG she was White!! End result – no loan because “white” was not a minority……………. :(

  • Dean

    Holder, when are you going away??

    • Dean

      Even better. It is time you are put on trial for treason. It would be an easy conviction and the final act: execution.

    • Moe

      He is so swinging on the meat, he will be there till Obama is out. He is Obama’s favorite Storm Trooper and blame absorber.

  • Randy131

    The terrible truth about this matter is that the federal government is not only failing to enforce our immigration laws, but refuse to enforce them, proven by their own internal communications, subpoenaed by Congressional Oversight Committees, as well as their immigration case records. This failure to enforce our immigration laws is affecting the states in an aggrevious manner, which to remedy that aggreviance, they have passed state immigration laws to match that of the federal immigration laws, which the federal government takes action against because they do not want any immigration laws enforced, no matter how negative the results of nonenforcement may become for those states. Why are these federal judges not punishing the federal government for their refusal to enforce our immigration laws, and assign the states to do what is needed to protect themselves under the current federal immigration laws, or their own state immigration laws, if they are congruent and consistant to the federal immigration laws? One must wonder whether or not the USA is still the bastion of freedom and rule of law that it once was, or if the lawless have reached positions of authority and are allowing the breaking of our laws by those in power in order to further their political agenda, which is the destruction of the US Constitution, which they deem obsolete and a barrier to those political agendas, despite the oath of office they took to protect and defend that document. It’s time for another REVOLUTION!

  • 007

    Is there any doubt in anybody’s mind that holder and obama, (along with many other liberal socialists) are determined to take the USA down by usurping the Constitution of the United States of America as well as the overwhelming disapproval of their tactics to do so? Hell is to good of a place for them.

  • MH

    I have a good idea let’s fire the justice dept and hire people who earn their pay by doing their job. Protect America and her citizens not a bunch of foreigners who totally disregard our borders and our laws.

  • Lloyd

    Just one question, if you don’t mind. Does OUR Justice Department represent the United States, of those who come here illegally?

  • Robert R

    It’s a shame, we might disrupt the illegal aliens. Who gives a rats butt? Oboner, who cares about that idiot, surely not me. If he was doing his job then the states would have no reason to enforce this immigration policy on their own. If dufus wont enforce the immigration policy of this country, then dam it, support the states that are willing to do it on their own without his stupid pathetic support. If Oboner won’t do it, then dam it, and the state’s are willing to do it, then what in the world is wrong with that? I know, we take away the illegal alien vote from this illegal scum bag. If you don’t like it, then don’t run for office in 2012, resign while you can.

  • jr

    Holder and the Justice Department’s stance only reflects Obama’s desires to control everything, including States Rights.

    A suggestion I read on another site was that the group “Rolling Thunder” needs to protest something that has been done. It was not on this issue, but I think it would be appropriate that they circle the wagons and protest in DC. It would be an appropriate response to the “constant noise” our government is making now, that violates citizens and states rights. A protest that has it’s own spokesperson,the noise. If Obama can create and urge the OWS protesting groups, why not citizens urging protests against our so called leaders. The appropriate protest signs could be on the bikes or the tea shirts of the riders. Probably not going to happen, but the thought is nice.

    • TheThinMan

      don’t make me laugh. Protest! the Socialist Democrats that control Washington DC and our government don’t give a rat’s ass if you protest what they do. they didn’t care when hundreds of thousands protested the deeming passage of ObamaCare, they totally ignored the veterans that protested and demanded Obama resign (you only say the plane with the banner in SanDiego – not a peep about anything in Washington) go ahead, protest, sign that petition, they are a good as jumping up and down and throwing a two year old’s tantrum. Don’t waste your money. Find a candidate that supports your view and will represent you as a citizen of the United States.. This is like all those, what is it up to now 52, congressmen that are calling for Holder to resign – call the turd in and impeach him. It takes action not whining petitions and words, words, words. “Sticks and stones may break my bones, but words will never hurt me.”

  • Raymond

    The economy is so bad that I got a pre-declined credit card in the mail.

    I ordered a burger at McDonald’s, and the kid behind the counter asked, “Can you afford fries with that?”

    CEO’s are now playing miniature golf.

    If the bank returns your check marked “Insufficient Funds,” you have to call them and ask if they mean you or them.

    Hot Wheels and Matchbox stocks are trading higher than GM.

    McDonald’s is selling the 1/4 ‘ouncer’.

    Parents in Beverly Hills and Malibu are firing their nannies and learning their children’s names.

    A truckload of Americans was caught sneaking into Mexico .

    Hillary took her stockbroker hunting.

    Motel Six won’t leave the light on anymore.

    The Mafia is laying off judges.

    BP Oil laid off 25 Congressmen.

    Congress says they are looking into the Bernard Madoff scandal. Oh Great!! The guy who made $50 Billion disappear is being investigated by the people who made $1.5 Trillion disappear!

    And, finally…

    I was so depressed last night thinking about the economy, wars, jobs, my savings, Social Security, retirement funds, and our bleak future, that I called the Suicide Lifeline and was connected to a call center in Pakistan. When I told them I was suicidal, they got all excited, and asked if I could drive a truck..

    • http://EXPLORER JOHN

      GOOD ONE.

  • http://EXPLORER JOHN

    Our states are more likely and are being attacked by our own government than they are by another country.

  • Spar07

    There is something happening in the U.S. that surprised me. There is hope for us in another sense.
    I learned that sheriffs in different counties in about 4 different states are telling the feds to take a hike and giving them the boot.
    There were a group of people who were going to hold some kind of tree cutting ceremony and 2 fed agents warned that if any tree was cut down, they would effect the arrest of whoever made the cut.
    Either the governor or someone in his class cut down a tree and in the process, the sheriff told the 2 agents that if they made any kind of arrest, they would, in turn, be arrested for kidnapping. That is a level 2 person felony. The 2 agents backed off immediately.
    Another incident was where a sheriff told an agent that if he wanted to conduct any business within the sheriff’s county, the agent would have to explain his purpose for his actions, to run it past the sheriff and it would be up to the sheriff whether or not the federal agent could continue or whether he had to shut down.
    A court backed up the sheriffs and were told that the sheriffs are the supreme law enforcement within their jurisdictions and that the feds have absolutely NO power of authority within the sheriff’s jurisdiction unless given to them by that sheriff.
    This goes for any federal agency, in any county, in any State here in the U.S.
    The federal agencies have to obey and respect the State’s Constitution whether they like it or not because of one single, simple word: “Sovereign” that is attached to the word “State” which is written within our U.S. Constitution. And, each Sovereign State has the power to Nullify any bill they deem necessary to protect themselves due to reasons of either being harmful or UN-Constitutional which could apply to most of the bills put out by the fed government over the last several years.
    Each State’s governor must tell the feds to stand down and recognize this fact. The governors of each state should conduct a Governor’s Convention and re-delegate the all powers back to the States and in doing so, relieve the fed government of their powers. Then, we could rebuild our government with honest and Constitutional REPRESENTATIVES the way it should be.
    This would save our country from such a tyrannous controlling group of criminals regardless of who they are or how rich they are. They wouldn’t be rich for long if it were up to me and their riches would go toward reducing our national debt. They would be penniless before I would be finished with them. This would be a warning to all politicians that if they would even be suspected of taking bribes, money under the table and doing special favors for power, that would be their immediate end and placed in prison for a number of years
    Our present admin is NOT going to do anything to protect us which is why we need a new government. They continually, on a daily basis, prove to us that they can not be trusted to protect our borders, our lives or our economy. This is why I agree with each State who will instill strict immigration laws within their borders. Holder has NO right to file against any State who is trying to defend themselves.
    We HAVE A RIGHT TO SELF DEFENSE, regardless of whether the feds agree with this on not. It doesn’t make a dammed bit of difference what they think. Technically, they have on power of authority over the States but rather the opposite is true. Our States give the feds their power and the States can take that power away, according to our U.S. Constitution.

    • Riverdweller

      Get the book “The County Sheriff – America’s Last Hope” by Sheriff Richard Mack

      or write to P.O.Box 971
      Pima, Arizona 85543

    • Raymond

      I know of a father who was sent to jail for
      defending his 13 year old daughter against
      a sexual predator. Welcome to Massachusetts.

    • Ed

      The actions you refer to are part of a growing movement by states to hold the feds accountable to the 10th Amendment to our Constitution. Very powerful stuff, folks. Legally, most Federal law is unconstitutional, and the states have the power to tell them to stuff Fed law where the Sun don’t shine. Google it & see for yourself.


  • USMC0351Grunt

    “The department said the law mandates enforcement measures that can disrupt immigration practices by the federal government in the area.”

    You can’t, “disrput” what isn’t taking place Holder… You dumbass!

  • teadog

    I’m sick and tired of obama and holder taking the law into their vigilante hands. States have rights to protect themselves when the govt. refuses to. And when the law is passed, obama and holder get some socialist/liberal judge to put it on hold. When does one simple minded judge have the right to conteract what a state congress has passed???? It’s time to elect all judges and no more appointments for political favors.

    • czman75

      When a state law is put on hold by ‘crooked judge’, the judgement should be ignored and the state should carry on…push the government to re-act.

    • jim 28th reg.

      If this is enforced then what will all those relatives not smart enough to put their shoes on the right feet do for a living??? They’ll have to live in Mommys basement like these protesters do –well that is untill someone helps them fill out an app for welfare.

  • TheThinMan

    “law mandates enforcement measures that can disrupt immigration practices by the federal government in the area.”

    Please NOTE, “immigration practices” – not enforcement of US immigration law by the Federal Government.

  • Jennie

    In the wake of Bin Laden’s death, rumor are circulating that radical Muslims are planning to go on a rampage in Los Angeles, killing anyone who is a legal U.S. citizen. Police fear the death toll could be as high as 23.

  • Moe

    The Constitution of the United States prohibits the Federal Government from interfering in the laws within the individual States, unless it violated the Federal laws legally presently in place. The Utah law only says that the State Law Enforcement is to enforce the duplication of an existing Federal Law. How it is enforced is up to the State as long as it does not violate Federal Standards of application.

    Holder is asking the Court to Violate the Constitution and in doing so must relenquish his appointment and be subject to prosecution for violation of his position and possibly treason under the Treason Act. The least he could suffer with leniency would be sequestered life in prison without possibility of parole; the most would be execution.

    • jim 28th reg.

      Never happen until we get rid of obamanation -without waiting 4/2012- & get a true Constitutionalist in office with the determination to enforce the laws & restrictions of our Constitution. My vote would go for Mr. Paul but that’s a long long wait that we can’t afford. Something has to be done most likely by the military since the whole seems to be corrupt.

  • Moe

    Obama wants to legalize all criminal entry aliens so he can eventually work toward his own status. Now he’s on Sherriff Joe’s case because Joe is investigating Obama’s Citizenship. Obama openly said he was born in Kenya during his Senatorial Campaign, and Michelle said they were going to his Nation of Birth when they went to Kenya. His grandmother stated that whe was present at his birth in Kenya, and the Kenyan Ambassador also said that he was born there. Every version of his Hawaiin “Birth Certificate have been shown to be forgeries and the man who forged the “short form” admitted it. The typeset is wrong, the wording of his father being “African” would have been Negroe or Negro at the time of his birth. At the time of his birth, the Federal Government required that all newborn Citizens in the U.S. be immediately issued a Social Security Number and the one he uses was issued in Connecticut. His mother must have been very tall for her head to be in Hawaii and him born in Conneticut. When he was born, his mother had alread been to Kenya, and Kenya being a Muslim Nation, her Citizenship would have automatically be switched to Kenyan, so unless she had gone through the repatriation process (quite lengthy and time comsuming) she was still a Citizen of Kenya regardless of where he was born. Her repatriation would not have extended to him unless she included him and he would be a “Naturalized Citizen”, inelegible to be President, and by Federal Law must be comfined to solitary imprisonment for life.

    • jim 28th reg.

      All this has been proven yet our entire legal system is doing absolutely nothing.

  • Walter

    When will Obama and Holder leave the states alone???They neglecting there job and allowing guns to walk and illegals to run around our states with ease. They should be enforcing the laws the state are trying to do. Instead they try to prevent the states from doing the job they are supose to do. Obama on the wrong side of all good issues. He for killing jobs instead of create them. He for failed green energy instead of drilling or natural gas. He appointed so many anti American CZars he can not get good American advise from. No wonder all his plans has failed all of us. We are so much worse off since he in charged. God help all of us if we do not get rid of the big problem this coming election.

  • Don

    I hope that the lawsuits fail miserably. Our government needs to manage Fast & Furious, Solyndra, etc. before they talk about immigration. let the states to manage their own problems.

  • jim 28th reg.

    ALL these so called laws passed during this administration are illegal themselves as is this congress. We the people of the United States at this moment have NO President / Vice President and everything they have done since assuming office has been a criminal act from sleeping in the White House(trespassing) to accepting a paycheck (theft by deception). The congress pryor to this travesty failed to verify the qualifications of this criminal therefor committing treason against the people of this country breaking the oath of office and therefore should also be arrested and put on trial – sentence to prison-execution or minimum removed from public office forever and loss of all benefits. If it were totaly up to me I’d tatoo their forehead and cheeks with traitor remove all their benefits and empty the bank acounts of their entire family as well as all those they gave politicle favors to at taxpayers expense.

  • eddy james

    Round the illegals up and send them to Washington DC via Greyhound.A bus ticket and food vouchers to eat on the way still is far cheaper than having the illegals in your community.

  • Adrian Vance

    The key to power in a socialist state is to increase the number of people dependent on government. Illegal immigration fits that model.

    See The Two Minute Conservative at for political analysis, science and humor. Now in the top 3% on Kindle.

  • skip gainer

    Why don`t the DOJ and Holder go after real criminals? Instead of prosecuting law biding Americans. Why is Holder wasting all this money on suing states instead of giving the money to HLS. to protect our borders? Holder, obama and janet have so much blood on their hands with fast and furious, they should be tried for treason and hung!

  • Pegi

    This wouldn’t be so laughable if the federal goverment did their job and protected our borders. States have no choice but to do what the federal goverment refuses to do and then the DOJ fights them tooth & nail. Is this a great administration or what?

  • Ed

    The feds mess with Utah at their peril, methinks…Utah has already declared that gold and silver are legal tender in the state, including for payments to the state gov’t for anything one owes them, such as licenses, fines, taxes, etc. I hope this catches on… Utah also issues Concealed Carry permits, even to non-residents, that are legal in 30 states.

  • http://yahoo Enrique

    I wondered what was wrong with obama and that nut holder but they are dems and hate America.Most blacks , latins catholics and jews voted for them and see what we got.Do not forget to vote next November.

  • Sue

    Tell holder to concentrate on telling the truth for once in his life and get his a$$ in gear and hand over the fast and furious info. Just like his boss.. Always trying to divert attention from the things that matter by ignoring them and trying to blow up the things that don’t matter. DC is full of JERKS.

  • Co-opted Confederate

    Let’s face it there IS NO Justice in the “Justice Dept any more, Nor is the Supreme Court Just

  • Shane

    Yes, Obama is against any state law that results in more of his illegal alien allies being caught. How many of these illegals vote illegally?