[T.L.Sink]

Arizona 1070 completely conforms to the federal immigration laws that Obama and his colleagues refuse to enforce. But it's an all too familiar story: An unelected federal judge arbitrarily chooses to make law according to her personal ideological biases rather than be a strict constructionist and make a ruling on the merits of the law as written. It's just one more example of the "Imperial Judiciary." Meanwhile, citizens of Arizona are subjected to ever-higher taxes and life-threatening situations due to bankrupt public school districts, insolvent hospitals, social welfare costs, prison incarcerations, and the ravages of the drug cartel. But who cares about any of that if Obama and the Left can get the Hispanic vote?

[Man50D]

Governor Brewer should enforce SB1070 despite the ruling. Applying SB1070 by ignoring the ruling will merely uphold federal immigration laws the socialists/marxists in the executive and judicial branches refuse to obey in order to destroy our democratic republic and the Constitution.

[Huebolt]

Can some legal eagle out there explain to an electrical engineer how SELECTIVE ENFORCEMENT OF THE LAW is not immediately attacked or at least used as a perfect defense????

If legal immigrants are forced under penalty of LAW to carry all the ID and visas and green cards etc. but ILLEGAL MEXICAN INVADERS are not, it seems there is NO EQUAL PROTECTION UNDER THE LAW as is required by the Constitution!

[Bigh4u2]

I’m sorry if I seem to be beating a dead horse,but,...

This judge has no CONSTITUTIONAL AUTHORITY to even hear this case.

States can be sued by the Federal government, but only SCOTUS can hear and rule on the cases.

AZ should just ignore the judge and her rulings.

http://canadafreepress.com/index.php/article/25983

[yoe]

Governor Brewer is one courageous lady and she has the support of A-M-E-R-I-C-A-N-S of all races. The Obama target is becoming much more clear....his efforts to overthrow all things constitutional and legal to suit his agenda show him to be not only a Marxist but a tyrannical one, also with his own Union Army bought and paid for.

Get MAD America, you've been had!

[GitmoSailor]

........AZ now has OPEN BORDER ......No I.D. needed ?........

[PUGACHEV]

So far as I can tell, the judge based her decision of suppositions, rather than facts. The judge supposed that checking a detainee's immigration status would burden the federal system, amd delay the release of innocent parties. But, since no evidence was apparently taken, the conclusions she drew to support her decision really amount to an abuse of discression, and transparent judicial activism at its worst.

[Publius6961]

Center for Immigration Studies = Illegal Immigration enabler research progressives

'Nuff said...

[Congressman Billybob]

Do you, or any other reader, have a link to the full text of the decision by Judge Bolton? I've read a dozen articles about the decision. I'd like to write my column this week on the decision.

But there is this one problem. To do my job competently I have to READ the decision. I know, I know. That's not necessary in the Obama Administration, or in the current Department of (In)Justice. But we have higher standards here at FreeRepublic.

Cordially,

John / Billybob

[HiJinx]

Ping!

[Political Junkie Too]

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.

TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part VIII > § 1324(c) (Bringing in and harboring certain aliens) says:

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.

TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part V > § 1252c (§ 1252c. Authorizing State and local law enforcement officials to arrest and detain certain illegal aliens) says:

(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.

-PJ