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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...

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 a...

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 bas...

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. w...

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 wi...