CA: Experts split on legality of state creating border patrol

San Diego Union-Tribune ^ | May 6, 2005 | Ed Mendel

[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.

[NY Attitude]

Unfortunately, I believe that a lot of members of the California National Guard are in Iraq.

[TLI]

Here are a couple of facts...

"Our earlier case that the election made little difference was based on five assumptions. Non-defense discretionary government spending has increased under President Bush by more than twice the average of the last two Democratic presidents, and a huge new entitlement was initiated while his recent predecessors created none at all. Conservatives simply could make no case for him in regard to unnecessary government spending. Second, even on social policy, where the president has been much sounder, everyone agrees that the appointment of the next Supreme Court justice is the most critical policy choice. Yet, here, Mr. Bush has made it known that he wants to appoint the first Hispanic to the court, his White House counsel, Alberto Gonzales -- who is not a conservative.

No kidding he ain't a conservative, he is from La Raza.

source . . .
http://acuf.org/issues/issue22/041015news.asp

[NormsRevenge]

And BTW, where is our illustrious CA Attorney General?
Under his desk?

--

Lockyer is Married to a young Latino rights activist/MALDEF attorney and making babies

[goldstategop]

Its not an expansion of government. Its actually a means of enhancing public safety. The first obligation of a government in a civilized society is to to ensure safe communities and enforce the laws. Especially immigration laws that are neglected. Even the Los Angeles Times Sacramento Bureau Chief, George "Slumberin'" Skelton, a committed Lefty, agrees the idea of a California Border Patrol is an idea whose time has come. Voters would approve it handidly and its not about the money - I'd pay whatever it costs to make sure enough 9/11 never happens again on our shores. California can once again be a trendsetter for the rest of the country.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)