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Memo from 2002 could complicate challenge of Arizona immigration law (by Hussein & Holder)
Washington Post ^ | 5/18/10 | Jerry Markon

Posted on 05/18/2010 4:23:44 AM PDT by Libloather

Memo from 2002 could complicate challenge of Arizona immigration law
By Jerry Markon
Washington Post Staff Writer
Tuesday, May 18, 2010

In the legal battle over Arizona's new immigration law, an ironic subtext has emerged: whether a Bush-era legal opinion complicates a potential Obama administration lawsuit against Arizona.

The document, written in 2002 by the Justice Department's Office of Legal Counsel, concluded that state police officers have "inherent power" to arrest undocumented immigrants for violating federal law. It was issued by Jay S. Bybee, who also helped write controversial memos from the same era that sanctioned harsh interrogation of terrorism suspects.

The author of the Arizona law -- which has drawn strong opposition from top Obama administration officials -- has cited the authority granted in the 2002 memo as a basis for the legislation. The Obama administration has not withdrawn the memo, and some backers of the Arizona law said Monday that because it remains in place, a Justice Department lawsuit against Arizona would be awkward at best.

"The Justice Department's official position as of now is that local law enforcement has the inherent authority to enforce federal immigration law," said Robert Driscoll, a former Justice Department Civil Rights Division official in the George W. Bush administration who represents an Arizona sheriff known for aggressive immigration enforcement. "How can you blame someone for exercising authority that the department says they have?"

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Crime/Corruption; Extended News; Front Page News; Government; News/Current Events
KEYWORDS: aliens; arizona; holder; immigration; memo
My guess - no stinkin' memo will stop the regime.
1 posted on 05/18/2010 4:23:45 AM PDT by Libloather
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To: Libloather

Justice department positions are not legal precedent. Opinions change with personnel.


2 posted on 05/18/2010 4:32:36 AM PDT by Pearls Before Swine
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To: Libloather

My guess is the regime just wants to demagogue the Arizona law, not necessarily stop or change it. With an election coming they will try to scare Hispanics to the polls.


3 posted on 05/18/2010 4:36:10 AM PDT by rhombus
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To: Libloather

I do miss George.


4 posted on 05/18/2010 4:37:10 AM PDT by fightinJAG
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To: Libloather

My first thought was “Memo? We don need no steenkin memo”


5 posted on 05/18/2010 4:39:37 AM PDT by bert (K.E. N.P. +12 . Ostracize Democrats. There can be no Democrat friends.)
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To: Libloather
Just in case anyone's interested, a pdf of the memo, with some redactions, as it was released after the initial lawsuit that sought its discovery, can be found here (at least as of the morning of May 18th, if it goes missing, email me - I've saved a copy to my local hard disk "just in case"): http://www.cis.org/articles/2006/OLCOpinion2002.pdf

Obama is Orwellian

bumper sticker
6 posted on 05/18/2010 4:41:25 AM PDT by Oceander (The Price of Freedom is Eternal Vigilance -- Thos. Jefferson)
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To: Pearls Before Swine; All
Even so, this is a nice development because it further helps shine the light on these Obambi cockroaches and their twisted vendetta to ignore, pervert and destroy everything that is inherent about our American system of government, including law enforcement.

It's also complicating for Obambi that Janet Napolitano, the previous Governor of Arizona, sent 25 letters to the Bush administration asking them to do what Governor Jan Brewer just did on her own: take greater steps to enforce immigration law as part of a comprehensive push to SECURE THE BORDER. (Source at first link.)

Very funny, Mr. President. NOT. Luv, Jan Brewer.

Palin and Brewer open a can of whupbutt on President Obama.

No one in Arizona is laughing, Mr. President.


7 posted on 05/18/2010 4:51:48 AM PDT by fightinJAG
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To: fightinJAG

Lets not forget the two border guards sent to prison on trumped up charges under ole george.He was no better on the border issue.


8 posted on 05/18/2010 5:15:52 AM PDT by HANG THE EXPENSE (Life is tough.It's tougher when you're stupid.)
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To: Libloather

There has to be a reason that consecutive administrations of different parties adopt the same open border polices.There has to be some common denominator.

Tin Foil HATS on ..

could IT BE THE DRUG MONIES ?????


9 posted on 05/18/2010 5:34:22 AM PDT by Robe (Rome did not create a great empire by talking, they did it by killing all those who opposed them)
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To: All
It took the conscience of Arizona to announce to the world that the things endemic to the Third World----drug-running, illiteracy, serfdom, slavery, ruling elites, armed street patrols, mob rule, bribery as a way of life----do not fly here

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

Mexico's Calderon to protest Arizona law to Obama
Optionetics - Market News | By Catherine Bremer and Adriana Barrera
FR Posted May 14 by Natural Born 54

MEXICO CITY, May 13 (Reuters) - Mexican President Felipe Calderon will protest to Pres Barack Obama when he comes to Washington next week about Arizona's crackdown on illegal immigrants, Calderon told Reuters. Calderon said a law that will come into force in Arizona in July, requiring police to check the immigration status of anyone they suspect is in the United States illegally, was already affecting relations between the two neighbors. "It contains elements that are frankly discriminatory, terribly backward," Calderon told Reuters in an interview.

Calderon He said he would bring Mexico's protest over the law to a meeting with Obama and when he addresses the US Congress during an official visit to Washington next week. (Excerpt) Read more at optionetics.com ...

Mexican President Felipe Calderon can hardly contain his revulsion and rage against Arizona’s SB 1070. He’s "deeply troubled" reports the Associated Press over a law he denounces as "discriminatory and racist," not to mention “a dire threat to the whole Hispanic-American population." This new Arizona law "opens the door to intolerance, hate, discrimination and abuse in law enforcement," sputters the Mexican President.

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

Indeed, this “threat to Hispanics” and these “abuses in law enforcement," have been ongoing for years.

The Associated Press carried a story where a Maria Elena Gonzalez, reported how female migrants were “forced to strip by abusive police officers, supposedly to search them, but the purpose is to sexually abuse them." Jose Ramos, 18, reported “that extortion by border police occurs at every stop on their migratory route. Until migrants are left penniless and begging for food.”

According to AP: “Others said they had seen migrants beaten to death by police, their bodies left near the railway tracks to make it look as if they had fallen from a train.

"If you're carrying any money, they take it from you," said Carlos Lopez. "Federal, state, local police--all of them shake you down. If you're on a bus, they pull you off and search your pockets, and if you have any money, they keep it all and say, get out of here.” Police shake down motorists on bogus traffic stops so regularly it is like going through a toll - money paid right there on the spot or your car gets impounded.

All of the above “hate” and “abuses in law enforcement” as reported by the Associated Press, befell Central American migrants who enter Mexico. (Excerpt) Read more at townhall.com

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

Get outta my country, Calderon----we spit on you, your countrymen, and your ambitions to undermine US security via Azatlan.

10 posted on 05/18/2010 5:43:06 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: imahawk

“No better”? Are you kidding me? Bush wasn’t everything we needed on the border security issue, but to say he was “no better” than Obama is just stupid, in my opinion. Sorry.


11 posted on 05/18/2010 5:59:03 AM PDT by fightinJAG (Get a paper route, Billy - Len Britton, running v. Leaky Leahy http://tinyurl.com/3a5ac8o)
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To: Liz
Mexican President Felipe Calderon can hardly contain his revulsion and rage against Arizona’s SB 1070. He’s "deeply troubled" reports the Associated Press over a law he denounces as "discriminatory and racist," not to mention “a dire threat to the whole Hispanic-American population." This new Arizona law "opens the door to intolerance, hate, discrimination and abuse in law enforcement," sputters the Mexican President. =====================================

I do not see many, if any, Hispanic-Americans migrating to Mexico or any other Central or South American country.

12 posted on 05/18/2010 6:02:08 AM PDT by fightinJAG (Get a paper route, Billy - Len Britton, running v. Leaky Leahy http://tinyurl.com/3a5ac8o)
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To: fightinJAG
“No better”? Are you kidding me? Bush wasn’t everything we needed on the border security issue, but to say he was “no better” than Obama is just stupid, in my opinion. Sorry.

Bush did squat about the border. He was pushed kicking and screaming into any action he may have taken by some in Congress.

BTW, did you vote for a "new America" as envisioned by GW?

We are now one of the largest Spanish-speaking nations in the world. We're a major source of Latin music, journalism and culture.

Just go to Miami, or San Antonio, Los Angeles, Chicago or West New York, New Jersey ... and close your eyes and listen. You could just as easily be in Santo Domingo or Santiago, or San Miguel de Allende.

For years our nation has debated this change -- some have praised it and others have resented it. By nominating me, my party has made a choice to welcome the new America.

Our future cannot be separated from the future of Latin America.

As I speak, we are celebrating the success of democracy in Mexico.

George Bush from a campaign speech in Miami, August 2000.

You can read the speech here.

Here is an excerpt of a good critique of that speech:

In equating our intimate historic bonds to our mother country and to Canada with our ties to Mexico, W. shows a staggering ignorance of the civilizational facts of life. The reason we are so close to Britain and Canada is that we share with them a common historical culture, language, literature, and legal system, as well as similar standards of behavior, expectations of public officials, and so on. My Bush Epiphany By Lawrence Auster

13 posted on 05/18/2010 6:03:47 AM PDT by raybbr (Someone who invades another country is NOT an immigrant - illegal or otherwise.)
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To: fightinJAG
*I* don't. For as much of a sack of crap that Obama is....
14 posted on 05/18/2010 6:58:13 AM PDT by AmericanInTokyo (ARIZONA 2010 is historic. It is the Alamo, it is THE BATTLE between US Sovereignty and Reconquista.)
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To: raybbr

Been there, done that. In my opinion, it’s still mighty stupid to think the Bush administration was “no better” for the country than the Obama administration.

That is all.


15 posted on 05/18/2010 7:43:21 AM PDT by fightinJAG (Get a paper route, Billy - Len Britton, running v. Leaky Leahy http://tinyurl.com/3a5ac8o)
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To: Robe

I’ve held that opinion for a long time.


16 posted on 05/18/2010 7:46:23 AM PDT by Vigilantcitizen
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To: Libloather
Jay S. Bybee, who also helped write controversial memos from the same era that sanctioned harsh interrogation of terrorism suspects.

Dumb*sses! We now read them their 'constitutional rights'(to blow us up)! /s

17 posted on 05/18/2010 7:47:52 AM PDT by kcvl
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To: Libloather
The author of the Arizona law -- which has drawn strong opposition from top Obama administration officials who haven't bothered to read the damn law!
18 posted on 05/18/2010 7:50:03 AM PDT by kcvl
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To: Pearls Before Swine
an Arizona sheriff known for aggressive immigration enforcement

You go Sheriff Joe even if the Washington Post 'reporter' doesn't like it!

19 posted on 05/18/2010 7:52:13 AM PDT by kcvl
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To: Robe

Re your #9. FOLLOW THE MONEY!


20 posted on 05/18/2010 8:13:50 AM PDT by tnwalker
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To: Libloather

BOOKbump


21 posted on 05/18/2010 9:09:44 AM PDT by S.O.S121.500 (That Kenyan bastard is not my president. ENFORCE the Bill of Rights.)
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To: fightinJAG

My post states concerning the border does it not?He was good on other things.


22 posted on 05/18/2010 12:13:35 PM PDT by HANG THE EXPENSE (Life is tough.It's tougher when you're stupid.)
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To: 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 3pools; 3rdcanyon; 4Freedom; 4ourprogeny; 7.62 x 51mm; ..

Ping!


23 posted on 05/18/2010 12:50:32 PM PDT by HiJinx (~ Illegal is a Crime, it is not a Race ~)
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To: Libloather

Not to worry. A little birdy tells me that Holder, Nappy and Crowley have never read da memo.


24 posted on 05/18/2010 12:56:42 PM PDT by freespirited (There are a lot of bad Republicans but there are no good Democrats.--Ann Coulter)
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To: Robe

Yes.

Next question.


25 posted on 05/18/2010 1:26:15 PM PDT by Dr.Zoidberg (Warning: Sarcasm/humor is always engaged. Failure to recognize this may lead to misunderstandings.)
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