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Supreme Court Allows Immigration Checks
Wall Stret Journal ^ | June 25, 2012 | JESS BRAVIN And TAMARA AUDI

Posted on 06/25/2012 2:35:45 PM PDT by lbryce

The Supreme Court struck down much of Arizona's effort to crack down on illegal immigrants but left one key part intact in a ruling that gave both sides of the debate something to cheer.

In a 5-3 ruling, the court said Arizona in effect had tried to set up a parallel enforcement system that punished illegal immigrants more harshly and interfered with congressional authority over the nation's borders. The court rejected parts of the state law known as SB1070 that made it a crime for illegal immigrants to seek work and that authorized warrantless arrests of people suspected by state and local police of committing deportable offenses.

But the court upheld for now the law's directive that state and local police check the immigration status of people they stop when they suspect them of lacking authorization to be in the U.S. The justices observed that federal law already requires immigration officials to respond to status checks from local authorities.

The impact of the ruling was unclear Monday, as immigrants and advocates scrambled for answers from legal analysts and law enforcement. Most opponents of the law reacted with relief at the ruling, but some immigrant advocates said implementation of the law could still pose problems for immigrants.

"There's still going to be a lot of uncertainty until it's clear how police will approach this," said Joe Rubio, lead organizer for Arizona Interfaith Network-Industrial Areas Foundation, a network of community organizing groups. "The state is going to have to monitor this very carefully" to avoid racial profiling, he said.

The court left open the possibility that the surviving provision could be challenged depending on how it is applied. It acknowledged concerns that the provision could lead to abuses, such as prolonged detention of arrestees while their status was being checked.

(Excerpt) Read more at online.wsj.com ...


TOPICS: Breaking News; Constitution/Conservatism; Front Page News; Government; US: Arizona
KEYWORDS: aliens; arizona; arizonavsus; fastandfurious; illegals; immigrationchecks; ruling; scotus; supremecourt

1 posted on 06/25/2012 2:35:53 PM PDT by lbryce
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To: lbryce

In a nutshell, the government told AZ to f off.

See CA prop 187.


2 posted on 06/25/2012 2:39:05 PM PDT by dragnet2 (Diversion and evasion are tools of deceit)
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To: lbryce
"federal law already requires immigration officials to respond to status checks from local authorities"

But 0bambi decided he was suspending the enforcement of the laws he doesn't like, including this one.

Legislative? Judiciary? Limited Powers?

Nah!

Banana Republic: It's your country, not a store!

3 posted on 06/25/2012 2:39:24 PM PDT by Uncle Miltie (Nobody died at Watergate. Who were Brian Terry and Jamie Zapata? (Post this on Facebook, everyone!))
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To: lbryce

The Federal Government is wholly unwilling to enforce the laws on the books. I suggest we stop pretending, and just call off the Border Patrol alltogether. Why put up the false appearance anyone in government gives a damned?

Everyone in the Border Patrol ought to quit. Their Commander In Chief has gutted their purpose and job.


4 posted on 06/25/2012 2:41:59 PM PDT by Uncle Miltie (Nobody died at Watergate. Who were Brian Terry and Jamie Zapata? (Post this on Facebook, everyone!))
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To: lbryce

It is black letter law that a State can have more restrictive laws than Federal Law.

That pesky 10th Amendment — who needs it?


5 posted on 06/25/2012 2:42:33 PM PDT by freedumb2003 (Guns Walked -- People Died -- Holder Lied -- Obama Golfed (thanks, Secret Agent Man))
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To: lbryce
Doesn't change a damn thing. The communists empire headed by King Obama still shoves his foot up AZ butt. All America is under the communists empire of King Obama and the stupid Republicans just wasting our time and freedom.
6 posted on 06/25/2012 2:47:26 PM PDT by Logical me
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To: lbryce

“The state is going to have to monitor this very carefully” to avoid racial profiling, he said.’

Can’t have that now, can we?


7 posted on 06/25/2012 2:51:06 PM PDT by Rennes Templar (No matter how cynical you get, it's never enough to keep up.)
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To: Rennes Templar
“The state is going to have to monitor this very carefully” to avoid racial profiling, he said.’

Check EVERYONE and make sure anyone who complains understands that they must to ensure that there is no profiling per Holder and crew...

8 posted on 06/25/2012 2:54:41 PM PDT by 5thGenTexan
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To: lbryce

“The state is going to have to monitor this very carefully” to avoid racial profiling, he said.
++++++++++++++
Of course. Can’t have racial profiling can we? There needs to a good batch of 80 year old grandmothers in the mix. Can’t speak English? Not a problem, that would be racial profiling - who are we to tell anyone what language they should speak.

If anyone knows how racial profiling can be avoided please call Eric Holder immediately.


9 posted on 06/25/2012 3:20:31 PM PDT by InterceptPoint (TIN)
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Gets even better.

In 1996 Clinton and Congress pass the Illegal Immigration Reform and Immigrant Responsibility Act which included Section 287(g). 287(g) allowed for local law enforcement to be trained and then deputized by ICE to make arrests of illegals based on an agreement signed by the locality and the feds.

And what does Obama do today? He announced that the agreements of 287(g) will no longer be honored.

http://gretawire.foxnewsinsider.com/2012/06/25/did-you-see-what-president-obama-did-and-what-governor-jan-brewer-thinks-about-it/


10 posted on 06/25/2012 3:24:07 PM PDT by Starman417
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To: lbryce
TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part VIII > § 1324. Bringing in and harboring certain aliens

(a) Criminal penalties
(1)
(A) Any person who—
(i) knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien;
(ii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law;
(iii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation;
(iv) encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; or
(v)
(I) engages in any conspiracy to commit any of the preceding acts, or
(II) aids or abets the commission of any of the preceding acts,
shall be punished as provided in subparagraph (B).

Can 1324(a)(1)(A)(ii) "Any person who -- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law" be applied to a local police officer who conducts a traffic stop and finds a driver of a car (who may be an illegal) who has other people in the car as passengers (who are illegal) under the "transports" clause?

In other words, could Arizona police officers (under the definition of "any person who" be held in violation of this law by not detaining someone they suspect to be in violation of the above clause?

(c) Authority to arrest

No officer or person shall have authority to make any arrests for a violation of any provision of this section except officers and employees of the Service designated by the Attorney General, either individually or as a member of a class, and all other officers whose duty it is to enforce criminal laws.

Does "all other officers whose duty it is to enforce criminal laws" refer to state and local police officers?

Back to 1226...

(3) Upon the request of the governor or chief executive officer of any State, the Service shall provide assistance to State courts in the identification of aliens unlawfully present in the United States pending criminal prosecution.

The governor has the power to request the federal government to assist in the determination of immigration status of detained suspects.

So, Federal law allows for Arizona police to detain suspected illegal aliens pending ICE review.

The Governor can request federal support in determining the status of detainees.

TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part IV > § 1226 (Apprehension and detention of aliens) says:

(d) Identification of criminal aliens
(1) The Attorney General shall devise and implement a system—
(A) to make available, daily (on a 24-hour basis), to Federal, State, and local authorities the investigative resources of the Service to determine whether individuals arrested by such authorities for aggravated felonies are aliens;
(B) to designate and train officers and employees of the Service to serve as a liaison to Federal, State, and local law enforcement and correctional agencies and courts with respect to the arrest, conviction, and release of any alien charged with an aggravated felony; and
(C) which uses computer resources to maintain a current record of aliens who have been convicted of an aggravated felony, and indicates those who have been removed.
(2) The record under paragraph (1)(C) shall be made available—
(A) to inspectors at ports of entry and to border patrol agents at sector headquarters for purposes of immediate identification of any alien who was previously ordered removed and is seeking to reenter the United States, and
(B) to officials of the Department of State for use in its automated visa lookout system.
(3) Upon the request of the governor or chief executive officer of any State, the Service shall provide assistance to State courts in the identification of aliens unlawfully present in the United States pending criminal prosecution.

The federal code requires that the Attorney General create a database of legal immigrants that local law enforcement can call upon for verification of suspected illegal immigrants. The local law enforcement would not access this database directly, but would go through a liaison within the Justice Department. The federal code says that the Justice Department is to make this system available on a 24-hour basis.

More...

TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part V > § 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.

-PJ

11 posted on 06/25/2012 3:28:09 PM PDT by Political Junkie Too (If you can vote for President, then your children can run for President.)
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To: lbryce

(thread below)
“The Obama administration said Monday it is suspending existing agreements with Arizona police over enforcement of federal immigration laws, and said it has issued a directive telling federal authorities to decline many of the calls reporting illegal immigrants that the Homeland Security Department may get from Arizona police.”

(this post) “But the court upheld for now the law’s directive that state and local police check the immigration status of people they stop when they suspect them of lacking authorization to be in the U.S. ***The justices observed that federal law already requires immigration officials to respond to status checks from local authorities.***

The position in the thread below cited above is typical for this administration.
It is petty, vindictive and entirely political. Most importantly it is against the law as set forth—just like Zero.


12 posted on 06/25/2012 3:31:32 PM PDT by tumblindice (Sic Semper Tyrannis)
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To: lbryce

Start drafting the articles of impeachment, just in case he somehow engineers his re-election.


13 posted on 06/25/2012 3:40:46 PM PDT by popdonnelly (Socialism isn't going to work this time, either.)
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To: 5thGenTexan

George Zimmerman was racially profiled as a “white Hispanic”. It’s the white part that makes him prima facie racist.


14 posted on 06/25/2012 3:42:53 PM PDT by popdonnelly (Socialism isn't going to work this time, either.)
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To: lbryce

Anyone know the vote count on this particular part (immigration check) of the law? I didn’t quite understand what the 5-3 vote applied to. Thanks.


15 posted on 06/25/2012 3:59:24 PM PDT by avacado
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To: lbryce
At some point, Americans need to face the truth and make a decision. Let the progressives trample the Constitution and just sit here and take it or follow the directions of the founders and take this Country back from the progressives.
16 posted on 06/25/2012 3:59:55 PM PDT by liberalh8ter (If Barack has a memory like a steel trap, why can't he remember what the Constitution says?)
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To: Political Junkie Too

Every state in the union should now file suit against the federal government for it’s failure to enforce existing law and seek to recover all damages resulting from said failure.


17 posted on 06/25/2012 4:06:28 PM PDT by Bigun ("The most fearsome words in the English language are I'm from the government and I'm here to help!")
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To: liberalh8ter

Good luck with that especially when three years after Obama was electedc 50% of the people still like the son of a bitch.


18 posted on 06/25/2012 4:08:09 PM PDT by Americanexpat (ÂșIt is going to get even worse now that the)
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To: lbryce
It acknowledged concerns that the provision could lead to abuses, such as prolonged detention of arrestees while their status was being checked.

If they're suffering prolonged detention because federal authorities refuse to respond to requests for status checks, then the abuse is not on the part of the State.

19 posted on 06/25/2012 4:17:28 PM PDT by tacticalogic ("Oh, bother!" said Pooh, as he chambered his last round.)
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To: lbryce

20 posted on 06/25/2012 4:26:36 PM PDT by dragnet2 (Diversion and evasion are tools of deceit)
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To: 5thGenTexan

“Check EVERYONE and make sure anyone who complains understands that they must to ensure that there is no profiling per Holder and crew... “

Just use the TSA as a role model and harass everyone in the state. They can hire former TSA thugs to ride around with each cop.


21 posted on 06/25/2012 4:39:32 PM PDT by Grampa Dave (ILLEGAL IMMIGRATION IS DESTROYING AMERICA-LOOK AT WHAT IT DID TO THE WHITE HOUSE!)
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To: Americanexpat
Yeah, I know. They'll only get fired up once it's too late.
22 posted on 06/25/2012 5:40:32 PM PDT by liberalh8ter (If Barack has a memory like a steel trap, why can't he remember what the Constitution says?)
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To: Starman417
And what does Obama do today? He announced that the agreements of 287(g) will no longer be honored.

Andrew Johnson was impeached for less than that. Of course, he wasn't convicted, and neither would 0bama be (with this Senate!)

23 posted on 06/25/2012 6:01:35 PM PDT by thulldud (Is it "alter or abolish" time yet?)
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Comment #24 Removed by Moderator

To: lbryce
"Bite the big one you Washington Weenie...!"
25 posted on 06/26/2012 7:14:46 AM PDT by AngelesCrestHighway
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