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February 11, 2011

Arizona Countersues US, Citing Fed's Failure to Control Border

...resulting in huge costs due to an "invasion" of illegal immigrants.

The lawsuit claims the federal government has failed to protect Arizona from an "invasion" of illegal immigrants. It seeks increased reimbursements and extra safeguards, such as additional border fences.

Brewer's court filing serves as a countersuit in the federal government's legal challenge to Arizona's new enforcement immigration law. The U.S. Justice Department is seeking to invalidate the law.

"Because the federal government has failed to protect the citizens of Arizona, I am left with no other choice," Brewer said as sign-carrying protesters yelled chants at her and at other champions of the immigration law.

Justice Department spokeswoman Tracy Schmaler declined to comment on the filing.

A flack for Obama said the suit was meritless and then, believe it or not, played the Patriotism Card -- he claimed that this suit "belittled" the "good men and women in uniform" on border duty.

Seriously?

I had an idea about that rancher being sued by illegal immigrants -- there's a type of lawsuit called a "reverse eminent domain" suit, where the plaintiff alleges that the government has taken his property without compensation, and without legally recognizing that they've taken it (or, actually, taken away his intangible rights to do with it as he wishes or his right to quiet enjoyment of it), and so sues the state to formally recognize this as a taking and so compensate him fairly under the Fifth Amendment.

The US government, through the courts, stripped this man of his right to quiet enjoyment of his property and to enjoy it solely. They have, essentially, created an easement (a legal right of way trumping the property owner's right) on the property for the use of illegal immigrants.

The government took part of his property for a federal illegal-immigrant throughway easement and he should sue to force them to compensate him.


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posted by Ace at 12:19 PM

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