Skip to comments.CA: Experts split on legality of state creating border patrol
Posted on 05/06/2005 6:41:57 AM PDT by calcowgirl
SACRAMENTO Legal experts had mixed views yesterday about whether the courts would allow California to create a border patrol to control illegal immigration, if voters approved a proposed initiative next year.
And a federal agency fact sheet on a 1996 law that allows state and local police to enforce immigration law says the officers do not become full-time immigration officers and do not conduct immigration sweeps.
Gov. Arnold Schwarzenegger said he hasn't read the proposed initiative, but in a brief reply to a question at a news conference he said he would push for a comprehensive federal solution to illegal immigration.
The initiative was filed this week by Assemblyman Ray Haynes, R-Murrieta, and the group Rescue California, a Republican-oriented organization that helped gather signatures for the recall election that put Schwarzenegger in office.
Haynes also has introduced a proposed constitutional amendment in the Legislature, ACA 20, that mirrors his state border patrol initiative. Democrats have questioned the cost of creating a new state agency when the state is in a budget crunch.
An attorney for a large law firm in Memphis, Tenn., that represents immigrants and operates a decade-old Web site, visalaw.com, said creating a state border patrol is a "tremendous undertaking" with many problems.
"I guess legally it could be done," said Greg Siskind of the Siskind Susser law firm. "I don't know from a practical point of view how workable it would be."
An official of the American Immigration Lawyers Association, which has more than 8,000 members who practice and teach immigration law, said immigration is clearly controlled by the federal government.
"I don't think such an initiative (to set up a state border patrol) would survive a court challenge," said Jeanne Butterfield, executive director of the association.
Haynes contends that creation of a state border patrol would be authorized by a 1996 federal immigration law that allows state and local police to enforce immigration law.
A spokeswoman for U.S. Immigration and Customs Enforcement said Section 287(g) of the 1996 immigration law allows state and local police to detain illegal immigrants who may pose a criminal or security threat.
But the state and local agencies must first negotiate a memorandum of understanding with the immigration agency, which then trains the officers and provides supervision and support.
"State and local officers do not become full-time immigration officers, and they don't conduct immigration sweeps," said a fact sheet on Section 287(g) distributed by the federal agency.
Schwarzenegger, who has praised the "Minuteman" volunteer border watches in Arizona, told reporters the issue of illegal immigration has been "kind of sidestepped" and he would push for more federal action.
He said the federal government should address "all of those issues the guest workers programs, or if it is what to do with the people that are here illegally in this country . . . all of this ought to be addressed."
President Bush has made a broad proposal that foreigners and illegal immigrants be allowed to obtain permits to work here legally. What would happen when the permits expire isn't clear.
U.S. Sens. Ted Kennedy, D-Mass., and John McCain, R-Ariz., have proposed that illegal immigrants who have a long work history can pay a fine, undergo a background check and eventually become eligible for citizenship.
you do it and enforce your borders and when make the feds deploy an expeditionary punitive force against the governator....you get all that great public attention....and its incument upon all border states to do this and do it now........
Methinks the cart is before the proverbial horse on this one.
It won't happen here. Our governor herself is a socialist alien.
MALDEF opposes immigration reform.
MALDEF opposes securing the Mexican border even to stop the flow of illegal drugs into the U.S. When the Federal government launched ''Joint Task Force Six'' to combat drug smuggling along the border, MALDEF filed suit to halt the project arguing in court that ''it would cause irreparable damage to the human and physical environment in the area.'' What of the irreparable damage being done to the human and environment due to illegal aliens and drug smugglers? On that question, MALDEF is silent.
What is MALDEF's goal? According to Mario Obeldo, former head of MALDEF, ''California is going to be a Hispanic state. Anyone who does not like it should leave.'' In 1998, Obledo was awarded the Presidential Medal of Freedom by Clinton.
If the have legal "agricultural inspection stations" that all vehicles have to submit to when entering California (even from other states' borders -- not just across the international border) then why can't they have immigration inspection stations?
What would be the legal difference between this agancy and the California National Guard? Aren't they charged with protecting the state's borders?
(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
Too many "Legal experts". Hire more state police and send them to the "high crime" border area. Call them lettuce police or something.
"What would be the legal difference between this agancy and the California National Guard? Aren't they charged with protecting the state's borders?"
And if Ahnold had the balls he would call out the California National Guard and station them just inside the border on the CA side. PERIOD!
All this talk, talk, talk is nothing but that, JUST TALK!
And I wish someone would explain to me why the CA Attorney General has not filed a lawsuit against the feds to recover the NINE BILLION DOLLARS A YEAR that it's costing us to alllow the illegals to stay here!
FYI...Ashcroft made an attempt to get the criminal elements, but the DoJ was sued by LaRaza in 2002. Several other groups have also joined the lawsuit. I have not been able to find any info yet on the status of this lawsuit.
As the article states, has been a Federal ban on sanctuaries since 1996 but cities such as New York, Los Angeles, Houston, Chicago and San Diego refuse to comply, even under court order.
Although we should be punishing employers, some of the above cities even have city sponsored day labor centers that operate under a "don't ask, don't tell" policy. The illegals even receive free public education and free medical care at taxpayer expense; thirteen states offer them drivers licenses.(See: Sanctuary Laws Stand in Justices Way and The Illegal-Alien Crime Wave)
So to say that the FedGov is not attempting to address the issue is not correct.
The courts will not allow California to police its own state. Now I have heard everything.
Not exactly sure I followed you on that but if you are saying the governor should do it and ignore the courts, I am with you 100%.
We don't give a rat's arse whether the feds are "attempting to address the issue"
What we do demand is that GWB give off the dime, secure the borders and ports, fine employers who hire illegals, deport the millions of illegals who are roaming about America unabated and in short, start enforcing the immigration laws of this country. Hello?
Bottom line: it's called DO YOUR FRIGGIN' JOB, Mr. Presdient!
You wanted the job, now start doing it!
I thought not!
and yes I do know how to spell "President!" LOL
That's good! The only way we know you're passionate is when you're too pist to spell straight!!! (hit 'em again... harder... HARDER!!!)
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