This is probably the critical part of the ruling, thanks to Obama:
“Until December 2011, the MCSO operated under the erroneous assumption that being an unauthorized alien in this country established a criminal violation of federal immigration law which the MCSO was entitled to enforce without 287(g) authorization. However, in the absence of additional facts, being within the country without authorization is not, in and of itself, a federal criminal offense.”
Looks like the ruling is based on Obama’s refusal to enforce out borders...
Well put- and faster too!
(shrug) How about a state criminal offense?
The several states have rights and laws that are enforceable as well do they not?
State laws do not have to pass the same federal muster because they are state specific. If there are laws on the books in AZ that make it a crime to be undeclared (no proof of citizenship), then enforce them accordingly. Anyone who is here legitimately generally has either a valid state issued ID, insurance, visa, green card, etc... If people can’t handle following the laws of whatever state they’re in as a visitor, then they make themselves targets.
There are any number of ways to deal with this insipid ruling while still accomplishing the same goal of booting illegal alien invaders out of AZ should Arpaio decide to do so.
BTW... I’m pretty sure Arpaio is intelligent enough to figure this out on his own.