Arizona Governor Jan Brewer

Since the law was passed a few months ago, it has created a national controversy as it authorizes Arizona law enforcement offers to stop and interrogate anyone they suspect of being an undocumented immigrant and request them to give documented proof of their immigration status. This creates potential threats to legal immigrants, most of whom are Hispanic, in Arizona. The law also requires immigrants to carry their immigration documents with them at all times, a point that is strictly opposed by the Hispanic community, and millions of those in support of immigration reform.

In the lawsuit filed on Tuesday, the government is asking the federal courts to also grant an injunction to prevent the law from being enforced this month.

The Justice Department, through its lawsuit, wants the courts to declare the Arizona law invalid because it improperly preempted federal law. The brief accompanying the lawsuit read, "In our constitutional system, the power to regulate immigration is exclusively vested in the federal government. The immigration framework set forth by Congress and administered by federal agencies reflects a careful and considered balance of national law enforcement, foreign relations, and humanitarian concerns -- concerns that belong to the nation as a whole, not a single state."

Some legal minds including South Florida constitutional law professor Claudius Ramos, believe the feds are making a strong argument. But, he also believes that Arizona could argue that the federal government has been delaying immigration reform, so it had to act to protect Arizonians from alleged abuses by illegal immigrants.

“But, ultimately there are federal laws which supersede state laws and federal immigration laws are among these. This will be an interesting legal battle,” Ramos said.

Arizona Governor Jan Brewer sees the lawsuit as a “massive waste of taxpayer funds,” which she said could be used to fight the violent Mexican drug cartels instead of fighting the people of Arizona.

The government, however, believes the lawsuit is necessary since Arizona has crossed the constitutional line by establishing its own immigration policy and state laws that interfere with federal immigration law.

Shortly after the Arizona law was passed, President Obama said the law had the potential to violate the rights of innocent American citizens and legal residents, making them subject to possible stops or questioning because of what they look like or how they sound.

Already the lawsuit has created divisions along party lines with most Republican opposing it and Democrats supporting it.