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To: edpc
It's interesting that I've not seen any reference to US Code 1252c:

§ 1252c. Authorizing State and local law enforcement officials to arrest and detain certain illegal aliens

(a) In general
Notwithstanding any other provision of law, to the extent permitted by relevant State and local law, State and local law enforcement officials are authorized to arrest and detain an individual who—
(1) is an alien illegally present in the United States; and
(2) has previously been convicted of a felony in the United States and deported or left the United States after such conviction,
but only after the State or local law enforcement officials obtain appropriate confirmation from the Immigration and Naturalization Service of the status of such individual and only for such period of time as may be required for the Service to take the individual into Federal custody for purposes of deporting or removing the alien from the United States.
(b) Cooperation
The Attorney General shall cooperate with the States to assure that information in the control of the Attorney General, including information in the National Crime Information Center, that would assist State and local law enforcement officials in carrying out duties under subsection (a) of this section is made available to such officials.

1252c specifically authorizes states to arrest and detain certain illegal aliens. How does this judge expect the states to comply with 1252c if they cannot first determine if the person is an illegal alien, and then determine if said illegal alien has committed a felony?

-PJ

116 posted on 07/28/2010 11:04:07 AM PDT by Political Junkie Too ("Comprehensive" reform bills only end up as incomprehensible messes.)
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To: Political Junkie Too

Great find! Haven’t seen ANYONE mention this. Post everywhere and anywhere you can!


250 posted on 07/28/2010 11:51:07 AM PDT by piytar (Those who never learned that peace and freedom are rare will be taught by reality.)
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To: Political Junkie Too

They can first determine if the person has committed a felony. No felony, no immigration check.


253 posted on 07/28/2010 11:51:38 AM PDT by RonF
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To: Political Junkie Too
"(b) Cooperation

The Attorney General shall cooperate with the States ..."

Shall in most legal terms means "will". By law the AG has no choice, although since when has anyone in the current administration abided by law?

298 posted on 07/28/2010 12:17:27 PM PDT by Bobby_Taxpayer (Don't tread on us...or you'll pay the price in the next election.)
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