WaPo Worries DOJ Memo Could 'Complicate Challenge of Arizona Immigration Law'

May 18th, 2010 1:38 PM

"Memo from 2002 could complicate challenge of Arizona immigration law," lamented the Washington Post in a Web site headline today.

Staffer Jerry Markon explained in his 11-paragraph story -- which ran on page A17 in the print edition* -- that the Obama/Holder Department of Justice (DOJ) has not rescinded a Bush administration memo that "concluded that state police officers have 'inherent power' to arrest undocumented immigrants for violating federal law."

Although the memo is not legally binding, it does "carry great weight within the executive branch" and is considered "to be the Justice Department's official position" on the issue. 

But while this certainly is a complication to any move by the Holder DOJ to file a lawsuit in federal court to toss out the Arizona anti-illegal immigration law as unconstitutional, it equally provides ammo to Arizona lawmakers and Gov. Jan Brewer (R), who can point to the memo as evidence that they acted well within constitutional bounds.

Of course, it doesn't fit the liberal media's favored storyline if the Post had placed this story on page A1 and headlined it, "Arizona immigration law may fall in line with DOJ  memo."

*The print edition headline for the page A17 story read, "'Hard look' at immigration law: Memo from 2002 could complicate action against Arizona."