Posted on 06/25/2012 3:28:26 PM PDT by SeekAndFind
Via Ace, that headline makes it sound like O pulled the plug because the Court found most of the law unconstitutional. No sense in complying with a statute that's no longer legally in effect, right? But no: The section he's limiting cooperation on is 2(b), authorizing Arizona cops to check the status of people whom they reasonably suspect are here illegally. That's the one part that the Court upheld. What he's doing, in other words, is using the ruling as political cover to reduce enforcement, no doubt as a complement to his DREAM gambit to win over Latino voters. If the Court won't nullify the entire law, The One will.
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.
Administration officials, speaking on condition they not be named, told reporters they expect to see an increase in the number of calls they get from Arizona police — but that won’t change President Obama’s decision to limit whom the government actually tries to detain and deport…
Federal officials said they’ll still perform the checks as required by law but will respond only when someone has a felony conviction on his or her record. Absent that, ICE will tell the local police to release the person…
On Monday the administration officials also said they are ending the seven 287(g) task force agreements with Arizona law enforcement officials, which proactively had granted some local police the powers to enforce immigration laws.
This is, de facto, amnesty for illegals in Arizona unless they’re serious criminals, and in that sense not unlike O’s new DREAM rule. The big objection to his DREAM policy is that he’s violating his oath to faithfully execute the laws in order to effectively change federal policy. That’s also true here, with the added wrinkle that state cops, by checking people’s status, are actually doing most of the heavy lifting of enforcement for him.
Via Mediaite, here’s Jan Brewer gamely trying to spin the Court’s decision even though it stands for the proposition that if the feds don’t want to do anything about the border, your state government’s more or less stuck with their (in)decision. After you watch that, go look at the chart over at U.S. News citing DHS’s own numbers. Has illegal immigration in Arizona fallen because of the new law, with illegals avoiding the state for more hospitable places like Texas? Or has it fallen for the same reason that illegal immigration generally has fallen, i.e. because after four years of Hopenchange “stimulus,” Mexico’s economy looks better than ours does these days?
LLS
And in bizarro world
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MEXICO CITY — The Mexican government says it’s disappointed that the U.S. Supreme Court upheld part of an Arizona law requiring police check the immigration status of anyone they stop.
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Meanwhile ...
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Since March 1, 2010, all U.S. citizens – including children – have been required to present a valid passport or passport card for travel into Mexico. While documents are not routinely checked along the land border, Mexican authorities at immigration checkpoints approximately 20 to 30 kilometers from the border with the U.S. will often conduct vehicle and document inspections and will require valid travel documents and an entry permit or Forma Migratoria Multiple (FMM). All U.S. citizens entering by land and traveling farther than 20 kilometers into Mexico should stop at an immigration checkpoint to obtain an FMM, even if not explicitly directed to do so by Mexican officials. Beyond the 20-30 kilometer border zone, all non-Mexican citizens must have valid immigration documents (FMM, FM2, FM3)
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How is Oh!Brother's immigration policy substantially different from Bush's?
Why are we getting all worked up over Oh!Brother not enforcing immigration, yet re-elected Bush in 2004 when he did the same thing during his first term?
How is Oh!Brother's immigration policy substantially different from Bush's?
Why are we getting all worked up over Oh!Brother not enforcing immigration, yet re-elected Bush in 2004 when he did the same thing during his first term?
it is a shame that the gop leadership loves socialism and is filled with men lacking testicles and brains.
We get the government we deserve. I'm just glad we don't get all the government we're paying for...
Now, regarding ICE responding to police requests for verification of lawful residency, if it's not obtained these folks are sitting there in the hands of the Arizona cops WITHOUT IDENTIFICATION ~ and can be held until they come up with it.
If Obama imagines he can just tell ICE to tell the locals to let these people loose, he's got to remember that was BEFORE this ruling.
Everything just changed. The only way he, Obama, can turn them loose is to first take custody of them.
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?(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).
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?
(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;
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 generalNotwithstanding 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—(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) CooperationThe 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
That was fast, and that’s how you win a fist fight “Take that, you..........”
A petty act which befits a petty dictator.
The kind of adolescent behavior we’ve come to expect from this malicious administration.
Do not look to me to defend Bush and his immigration stance. Not me. My ideological core never changes... one evil deed does not excuse another evil deed.
LLS
Anyone else willing to fund a program that helps cover the costs of dropping off illegal immigrants on the steps of Homeland Security or the White House in Washington DC that the feds hang up on AZ when they call for help on?
I meant to say that I loved your last sentence!
LLS
When the federal government refuses to do its job, I believe the affected state should confiscate all federally owned lands for state use and private land sales.
I also believe that when the federal government is derelict in its duties, all federal buildings should be sold out from under the feds, and all federal employees should be evicted from the state.
Now, that, I assure you all, would get their attention.
Agreed and Levin is speaking on it now.
LLS
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