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Byron York: How Obama Could Lose Arizona (Illegal) Immigration Battle
Washington Examiner ^ | Friday, April 30, 2010 | Byron York

Posted on 04/29/2010 6:53:32 PM PDT by kristinn

We know one thing for sure about the fight over Arizona's new immigration law. Civil-rights groups will file a lawsuit trying to kill the law and will ask a federal judge to issue an injunction to keep it from taking effect as scheduled this summer. What we don't know is how those proceedings will be affected by the Obama Justice Department, which is contemplating the highly unusual step of filing its own suit against the state of Arizona. Also unknown is the influence of President Obama himself, who has gone out of his way to raise questions -- some of them strikingly uninformed -- about the law.

The drafters of the law knew the lawsuit was coming; a lawsuit is always coming when a state tries to enforce the nation's immigration laws. What the drafters didn't expect was Obama's aggressive and personal role in trying to undermine the new measure.

"You can imagine, if you are a Hispanic American in Arizona ..." the president said Tuesday at a campaign-style appearance in Iowa, "suddenly, if you don't have your papers and you took your kid out to get ice cream, you're going to be harassed." On the same day, Attorney General Eric Holder said he was considering a court challenge.

"The practice of the Justice Department in the past with states involving immigration has been to let the courts settle it and not weigh in as a party," says Kris Kobach, the law professor and former Bush Justice Department official who helped draft the Arizona law. Having Justice intervene, Kobach and other experts say, would be extraordinary.

The problem for Obama and Holder is that the people behind the new law have been through this before -- and won. Arizona is three-for-three in defending its immigration measures. In 2008, the state successfully defended its employer-sanctions law, which made it a state crime to knowingly employ an illegal immigrant. Facing some of the same groups that are now planning to challenge the new law, Arizona prevailed both in federal district court and at the 9th Circuit Court of Appeals, the nation's most liberal federal appeals court.

(Excerpt) Read more at washingtonexaminer.com


TOPICS: Constitution/Conservatism; Editorial; Foreign Affairs; News/Current Events
KEYWORDS: aliens; arizona; az; azimmigrationlaw; byronyork; illegalimmigration; kriskobach; sb1070

1 posted on 04/29/2010 6:53:32 PM PDT by kristinn
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To: kristinn

http://la-gun.com/email/manning/
Reverand Manning has a few choice words on Obama.


2 posted on 04/29/2010 6:56:07 PM PDT by not2worry (WHAT GOES AROUND COMES AROUND)
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To: kristinn
We need to get somebody to introduce a bill in Congress that is a straight translation of the Mexican laws for illegal immigration.

Now who could we find with enough moxy to do such a thing?......Anybody got Michele Bachman's phone number?

3 posted on 04/29/2010 6:57:30 PM PDT by USNBandit (sarcasm engaged at all times)
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To: kristinn
This stuff is a slam dunk. Everyone -- everyone! -- I've seen on TV arguing against this has grossly misrepresented the intention and implementation of the law. They just tell lies about it. Which is a tacit admission that the law is simple and sensible and impossible to argue against.

Illegal aliens are breaking the law by definition and should be found to be in violation of the law. It's just that simple. Aristotle said "A is A" and this is "A is A".

4 posted on 04/29/2010 6:58:34 PM PDT by ClearCase_guy
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To: kristinn

“...the president said Tuesday at a campaign-style appearance in Iowa, “suddenly, if you don’t have your papers and you took your kid out to get ice cream, you’re going to be harassed.””

Obama has a brain the size of a pea. For being a constitutional law “professor”, er, lecturer, Obama seems to know nothing about the Constitution.


5 posted on 04/29/2010 6:59:50 PM PDT by coaltrain
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To: kristinn

“The practice of the Justice Department in the past with states involving immigration has been to let the courts settle it and not weigh in as a party,”

And the practice of past presidents has been to try not to humiliate another branch of government during State of the Union addresses.
Clinton & Co. may have been adolescents, but this crew and their leader are the definition of “callow”; I keep thinking of Jody Powell & Co. from the `70s.


6 posted on 04/29/2010 7:04:22 PM PDT by tumblindice (How `bout a Polk?)
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To: kristinn

Fellow freepers, take it easy on this ole freeper, but this must be said....I am warming up to a Brewer/Christi or Christi/Brewer ticket for 2012....they are both so dang smart...


7 posted on 04/29/2010 7:04:23 PM PDT by Fred (Vote for a REID FREE NEVADA....)
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To: kristinn

IMPEACH!


8 posted on 04/29/2010 7:04:53 PM PDT by BunnySlippers (I LOVE BULL MARKETS . . .)
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To: coaltrain

He definitely has something against policemen. I wonder if he has been “harrassed” by policemen before and why. What makes him distrust law enforcment officers? Isn’t the president the chief law enforcer of the land and he states that he will uphold the laws in his oath? Maybe he’s been arrsted. Of course we will never know because his past is non existent.


9 posted on 04/29/2010 7:08:20 PM PDT by dandiegirl
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To: kristinn
As I stated on another thread, I am a naturalized citizen, and while I was a resident alien, I never went anywhere without my green card because it was a Federal law that I had to have that card with me at all times.

It's no different than any of us visiting a foreign country, we don't leave our hotel without our passport. DUH!

10 posted on 04/29/2010 7:10:33 PM PDT by rabidralph
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To: kristinn

That’s a great article. I urge everyone to click through and read the entire thing.

The drafters are really wise people.


11 posted on 04/29/2010 7:16:33 PM PDT by Balding_Eagle (Overproduction, one of the top five worries of the American Farmer each and every year..)
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To: kristinn
0bama is basically saying the Gov of AZ is "acting stupidly." And once again, 0bama is reacting stupidly.
Memo to 0-zero: Don't invite a Brewer to a beer summit.
12 posted on 04/29/2010 7:18:29 PM PDT by 668 - Neighbor of the Beast (STOP the Tyrananny State.)
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To: kristinn

‘What we don’t know is how those proceedings will be affected by the Obama Justice Department’-—————————————Sure we do...


13 posted on 04/29/2010 7:19:45 PM PDT by Freddd (CNN is down to Three Hundred Thousand viewers. But they worked for it.)
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To: kristinn
...Sounds like a good argument for succession...
14 posted on 04/29/2010 7:21:47 PM PDT by gargoyle (..."I have not yet begun to fight" John Paul Jones...)
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To: kristinn

The case of Obama vs the United States is being played out before our eyes. He has chosen to attack and many states should start asserting their sovereignty now.


15 posted on 04/29/2010 7:25:29 PM PDT by eyedigress ((Old storm chaser from the west)?)
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To: kristinn

“suddenly, if you don’t have your papers and you took your kid out to get ice cream, you’re going to be harassed.”

Quite manipulative talk, isn’t it? Not just kids, but kids eating ice cream. Plucks your heart strings.


16 posted on 04/29/2010 7:26:41 PM PDT by 668 - Neighbor of the Beast (STOP the Tyrananny State.)
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To: kristinn

Those railing against the law have no idea what it actually says. They are in for a rude surprise. They deserve it for reacting to heresay.


17 posted on 04/29/2010 7:30:04 PM PDT by ez ("Abashed the Devil stood and felt how awful goodness is." - Milton)
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To: coaltrain

The “Not Ever Ready For Prime Time Players!”


18 posted on 04/29/2010 7:33:37 PM PDT by Taxman (So that the beautiful pressure does not diminish!)
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To: kristinn

FTA: “some of them strikingly uninformed”

Gets my nomination for best use of understatement in a column...I probably would have gone for less subtle usages like “moronic”, “ignorant”, “unbecoming of a POTUS”, or some such.


19 posted on 04/29/2010 7:53:28 PM PDT by T-Bird45 (It feels like the seventies, and it shouldn't.)
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To: rabidralph
and most Americans don't go anyplace without their drivers license. Its required for credit card use, cashing a check or as identity if stopped by police...Also have to carry proof of car insurance and registration of car, and in Michigan you show it to vote....my what a big inconvenience...

We show our papers everyday unless we are illegal aliens..

20 posted on 04/29/2010 9:36:05 PM PDT by goat granny
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To: ez

“Those railing against the law have no idea what it actually says”

Hmmm, I have to think its more a case of THEY DONT CARE, or are willingly LYING, they just want to play the race card to stir up minority voters.


21 posted on 04/29/2010 9:57:29 PM PDT by WOSG (OPERATION RESTORE AMERICAN FREEDOM - NOVEMBER, 2010 - DO YOUR PART!)
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To: kristinn
the president said Tuesday at a campaign-style appearance in Iowa, "suddenly, if you don't have your papers and you took your kid out to get ice cream, you're going to be harassed."

Hussein is thinking "stupidly."

22 posted on 04/29/2010 10:05:30 PM PDT by Mr. Mojo
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To: goat granny
Its required for credit card use

No, it isn't. At least not for most cards. Using plastic is supposed to be easy — easier than cash. Having to document who you are just to spend money impedes easy. Not good for the card companies!

If you get asked, call the 800 number on the back of the card afterward and let them know which merchant hassled you for supplementary ID. It's called "suppression", and it's contrary to the merchant's agreement with the card company.

23 posted on 04/29/2010 10:13:22 PM PDT by cynwoody
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To: cynwoody
I have been asked for drivers license when using my credit card...depends on company policy..Have been asked by florists, clothing boutiques even Krogers a few times...Cash is the only time no identification is asked for...as far a turning in the company to an 800 number. Its just plain easier to show drivers license that be told to Dial l for X 2for Y 3 for z and and w to talk in english g for spanish etc etc etc. 0 to talk with the next available person. Then come the horrific music...
24 posted on 04/29/2010 10:38:15 PM PDT by goat granny
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To: goat granny

I spent almost $20k on my American Express last year, and not once was I asked for supplementary ID.


25 posted on 04/29/2010 11:03:55 PM PDT by cynwoody
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To: cynwoody
Good for you......I have Visa and have had it for decades.

:o) If you can spend 20,000 a year on credit cards and pay them off we live in different neighborhoods...:O)

And I am happy for you..... GG

PS On my last Alaskan Cruise to get out of Vancouver I needed my birth cert. Social Security card marriage license and drivers license

Son In law was pulled out of line and we sat for 45 minutes without him...daughter finally found out it was because of an unpaid traffic ticket 20 years earlier...they had to make him a temporary Canadian Citizen before he could get on the cruise ship, other wise he would have to fly to our first port of call in the United States. We cruised the inside passage....and that was only a couple of years ago..

May we see your papers sir or madam...goes on all the time..I live in Michigan and also have to show drivers license to vote...Michigan passed the law...all of the states should...

26 posted on 04/29/2010 11:36:36 PM PDT by goat granny
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To: goat granny

They have in our little town in Utah! Last Fall, for the very first time in all my voting life!


27 posted on 04/29/2010 11:56:55 PM PDT by dsutah
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To: kristinn
"Given all that, Obama and Holder will have a hard time stopping this law. Their best hope is that a judge might be swayed by the political storm that has erupted, mostly on the left, by opponents raising the specter of fascism, Nazism, and a police state in Arizona.

That was one thing the drafters didn't expect. As they see it, the old employer verification law was broader in scope and more serious in effect than the new law, and it didn't set off this kind of national controversy. That tells Kris Kobach one thing about the current battle: "It's more about the politics of 2010 than it is about this particular law."

There ya' have it...

Thanks for posting, kristinn!

28 posted on 04/30/2010 12:02:03 AM PDT by dixiechick2000 (Remember November...I can see it from my house!)
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To: dixiechick2000
......one thing about the current battles over amnesty and Arizona: "It's more about the politics of 2010-12 than it is about laws."

You got that right.

Tell your reps that WE KNOW they intend to get reelected----with fraudulent votes. If they don't back off, we WILL EXPOSE IT. We will demand top-to-bottom investigations of the campaigns of (a) every candidate who voted for amnesty, AND, (b) of those who protested the Arizona law.

Toll free Congress 877-762-8762, 866-338-1015, 866-220-0044, 877-851-6437, 877-210-5351.

====================================

HERE'S HOW ILLEGALS GET ALL THOSE FAKE IDENTITIES TO VOTE AND VOTE AND VOTE.

2 Texans accused of planning to sell counterfeit IDs
07/21/06, THE ASSOCIATED PRESS

NORTH BERGEN -- The Pelcastre brothers were a walking threat to national security -- expert document forgers who, for a few thousand dollars, could give anyone a new identity, authorities said Thursday. When police stumbled across the pair, the men had turned a Tonnelle Avenue hotel room into a business office and were readying a massive cache of fake Social Security cards for delivery to a local identity broker, authorities said.

The brothers, Angel, 31, and Jorge, 34, both of Dallas, were a "one-stop shop" for a myriad of government documents, including birth certificates, Social Security cards, driver's licenses for any state in the country, passports and resident alien cards, said state police Capt. Al Della Fave. "Can you imagine if a terrorist were able to get their hands on this stuff?" Della Fave said. "They'd have free passage throughout the country."

A task force including state troopers and officers from both the Bergen and Hudson county prosecutors' offices happened upon two cars bearing Texas plates in the parking lot of the hotel Wednesday morning. Authorities wouldn't identify the hotel by name for fear it could hinder cooperation from other hotels in future investigations or spark retribution.

The Corporate Outreach Task Force, formerly the Hotel Motel Drug Interdiction Task Force, regularly runs checks on motor vehicles in area motels. Members of the task force began watching the cars, a Chevrolet Impala and a Pontiac Firebird, and followed the brothers to an office supply store in a nearby shopping center, where the men purchased computer supplies, said state police Sgt. Stephen Jones.

Officers then followed the brothers to a self-storage facility in Secaucus, where they loaded several boxes from a storage unit into one of the cars, Jones said. One of the men stood lookout, which heightened police suspicion, he said. Authorities approached the men when they returned to the hotel and questioned them separately, Jones said. The brothers consented to a search of their cars, hotel room and the storage facility, he said.

Police recovered laminating sheets with built-in security features, pages of blank documents waiting for fake names and information, finished documents, computers and software to create the fake IDs, Jones said.

All told, the haul was worth about $500,000 on the street, Della Fave said. Police also recovered $6,000 in cash, which was the first payment from a fake document broker for a shipment of 500 Social Security cards, Della Fave said.

"They were aggressively selling to brokers," he said. "This isn't like selling driver's licenses to individuals. These were multiple layers of high-level documents."

The brothers were being held without bail Thursday at the Hudson County Jail on charges of possessing fraudulent documents and conspiracy to sell fraudulent documents. Federal charges are also pending against them, said state police Detective Sgt. Cesar Huaman, a member of the task force.

====================================

Just wondering: where do these "poverty-stricken" migrants doing cheap stoop labor get the thousands of dollars to buy new identities? (/snix)

29 posted on 04/30/2010 3:22:46 AM PDT by Liz (If teens can procreate in a Volkswagen, why does a spotted owl need 2000 acres? JD Hayworth)
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To: kristinn

The republican party will cave to the pressure coming from the hispanic caucus. This is obvious. Look at Karl Rove already hedging. Hispanic block =votes. To both parties. The GOP will sell out America as quickly as the dummocrats. Look at GWB’s manly decision to (not) seal up our southern border. It’s harder to get back into the US from Canada for Americans than it is for Mexicans to come here illegally. My BIL lives in a Canadian border city and he is stopped, questioned and sometimes searched just to get back over here with his 5 kids after going to Canada for breakfast on a Sunday. Politicians are whores for votes and care nothing about the country.


30 posted on 04/30/2010 3:24:29 AM PDT by sydney smith
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To: goat granny

Excellent points, Granny!


31 posted on 04/30/2010 4:06:29 AM PDT by rabidralph
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To: dandiegirl

He definitely has something against policemen. I wonder if he has been “harrassed” by policemen before and why. What makes him distrust law enforcment officers? Isn’t the president the chief law enforcer of the land and he states that he will uphold the laws in his oath? Maybe he’s been arrsted. Of course we will never know because his past is non existent.

Maybe it’s because he knows he himself would be arrested under the provisions of the law.


32 posted on 04/30/2010 4:43:36 AM PDT by Seeing More Clearly Now
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To: coaltrain

Tell him that suddenly if you don’t have health insurance you are going to be harassed...and taxed...and possibly fined...etc.


33 posted on 04/30/2010 4:43:58 AM PDT by RipSawyer (Trying to reason with a leftist is like trying to catch sunshine in a fish net at midnight.)
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To: T-Bird45

President Algonquin J. Calhoun.


34 posted on 04/30/2010 4:48:06 AM PDT by RipSawyer (Trying to reason with a leftist is like trying to catch sunshine in a fish net at midnight.)
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To: kristinn

We all have to carry our “papers” when we go for ice cream.

The Muslim Marxist President ought to be impeached for his failure to uphold the Constitution, and to enforce the laws of the Unites States of America.

A more un-American President, in every way possible, we have never had.


35 posted on 04/30/2010 4:48:41 AM PDT by exit82 (Democrats are the enemy of freedom. Sarah Palin is our Esther.)
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To: Seeing More Clearly Now
Maybe it’s because he knows he himself would be arrested under the provisions of the law.

Now that's just daft. You're obviously as misinformed on the law as he is.

36 posted on 04/30/2010 6:30:25 AM PDT by green iguana
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To: goat granny
:o) If you can spend 20,000 a year on credit cards and pay them off we live in different neighborhoods...:O)

Well, by dollar total, most of it was business travel booked online. Of course, I needed to show ID to fly, to rent cars, and stay at hotels (usually). But that wasn't specifically about the card — I would have needed to show ID even paying cash. In fact, they would have checked harder if I'd paid in cash. Or refused the transaction altogether, in the case of car rentals.

However, by transaction count, the bulk of my card usage was miscellaneous personal expenses — grocery store, gas station, restaurant, department store, even a newspaper vending machine at DFW. All in person (card present, in industry lingo), and they almost never even checked the signature, much less asked for supplementary ID.

My biggest single credit card transaction was in 2007. I spent about $15k in person at the local Apple store, outfitting a newly formed business with computers. No ID needed. A week later, I did get a phone call from American Express asking about the unusual activity. I assured them everything was cool and the bill would be paid in full, and it was (I had just deposited the company reimbursement check). Points!

Son In law was pulled out of line and we sat for 45 minutes without him...daughter finally found out it was because of an unpaid traffic ticket 20 years earlier...they had to make him a temporary Canadian Citizen before he could get on the cruise ship, other wise he would have to fly to our first port of call in the United States. We cruised the inside passage....and that was only a couple of years ago..

Temporary Canadian Citizen, eh? I wonder what the birthers would have to say about that if he ever ran for president.

I live in Michigan and also have to show drivers license to vote...Michigan passed the law...all of the states should...

Yes, they should! It's amazing Granholm didn't veto it.

37 posted on 04/30/2010 9:48:45 AM PDT by cynwoody
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To: cynwoody

S I L was teased throughout the whole trip...he now hates Canada...and swears that he will never go into that country again....we all just laugh....but considering the cost of a Alaskan cruise for 7 it was a worry at the time it happened...Canada knew all about his life, the problem that kept him being interviewed for 45 minutes was only a misdemeanor....I cannot even talk about my SIL the felon, just my SIL the misdemeanor..doesn’t pack as much of a punch..


38 posted on 04/30/2010 12:01:47 PM PDT by goat granny
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To: Liz
"Just wondering: where do these "poverty-stricken" migrants doing cheap stoop labor get the thousands of dollars to buy new identities? (/snix)"


I've always wondered where the "poverty stricken" folks who are smuggled in get their bucks. I have heard that, if they don't have the money, they agree to smuggle dope into this country in exchange for their passage. So.......that sounds very plausible. Who are smuggling these "poverty stricken" folks in?

39 posted on 04/30/2010 11:37:12 PM PDT by dixiechick2000 (Remember November...I can see it from my house!)
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To: RipSawyer

Thanks for sending me to Google to advance my cultural knowledge — I shall endeavor to spread that nugget a little further on the Internet myself. BTW, the first Google hit article was helpful in ensuring I truly understood your comparison: http://www.rightwingwatch.org/content/president-algonquin-j-calhoun

Interesting that such terms would be on a leftist website...


40 posted on 05/01/2010 2:34:59 AM PDT by T-Bird45 (It feels like the seventies, and it shouldn't.)
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To: kristinn

One guy called up a local talk show here, talking about how his mother got taken in and briefly incarcerated while some cop (California) checked her status. Well, he also said that the reason she was taken in was because she didn’t have her green card on her so it wouldn’t get stolen. The radio guy is Canadian so he said, “Why doesn’t your mother do what I do? Carry a PHOTOCOPY of her green card around with her at all times.”

I mean, DUH!!!

Seriously, if I am a foreign national living here, I tuck my visa or passport or copy of green card in my purse or wallet and there you are. Big deal.


41 posted on 05/01/2010 2:40:15 AM PDT by Yaelle
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