Lamar Smith to Barack Obama: Sue Utah Like You Did Arizona

Remember the Utah immigration law? It hasn’t been that long.

It’s the law that was approved last month by the Utah legislature that made room for a guest worker program and was molded, in part and watered-down, after Arizona’s 1070. Well Texas’ own immigration drummer-boy, Rep. Lamar Smith, can’t seem to stop thinking about it. He’s the head of the House Judiciary Committee, which is a pretty visible perch to speak from, and is criticizing the Obama administration for being hypocritical on the Utah law.

The SF Gate reports:

U.S. Rep. Lamar Smith, R-Texas, said in a letter Monday to U.S. Attorney General Eric Holder that the Utah law approving the program is unconstitutional, and called the department’s inaction a “stark contrast” to the federal government’s lawsuit against Arizona for a law “that merely complements and assists in the enforcement of federal immigration law.”

Interesting choice of words.

So Smith want’s  the Justice Department to intervene in Utah’s law as it did in Arizona’s mere law. His claim is that  the JD is using a skewed stick to measure and evaluate immigration laws, when they should be measured against the constitution. His words:

“This is hypocritical. If (the Justice Department) chooses not to take legal action against Utah’s unconstitutional law, it will be clear the Administration bases their decisions on their own political views rather than constitutional principle,

And we don’t want that – folks basing their decisions on their own political views. What if someone were to decide that the 14th amendment didn’t apply to everyone? Or that a state could take a federal obligation and jurisdiction into their own mere hands because they viewed the federal government as being remiss in their duties to, say, guard the border?

Something to keep in mind to put this into perspective: According to the SF Gate

The Utah law doesn’t take effect for two years, which state officials said was done specifically to avert a lawsuit. The state is seeking a federal waiver.

Smith is upset that the Obama administration poked its nose into Arizona state business, which is something he’d never do, in Utah or any place else.

Follow Victor Landa on Twitter: @vlanda

[Photo by ryanjreilly]

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