Homeland Security suspends immigration agreements with Arizona police

washtimes ^ | 6/25/12 | s dinan

[HiTech RedNeck]

(Scratch constitutional amendment. All he needs is to pack one more court seat.)

[5thGenTexan]

Whereupon the insufferably hypocritical Obama would sue of course.

That would be fine. AZ's defense would be this SCOTUS ruling. Let's see them argue against that.

[chris37]

Well, since King Obama has just told Arizona to go pound sand, I wonder what woul dhappen if Arizano just decided to eliminate the invaders on sight...

[tumblindice]

“This is the office of Immigration Control and Enforcement. We’re currently out of the office, on the links, but if you would care to leave your name and telephone number—if you aren’t an Arizona LEO—we’ll be happy to listen to your message and might even call you back. But don’t count on it. We’re the Federal Government.” Click

[Iron Munro]

It really is great to be the King!

[BlatherNaut]

Much better place would be Marthas Vineyard, Mass. Let's see then how welcoming the Liberal Elitist really are LOL. Oh and we can't leave Kentybushport, Maine out ether LOL.

Send them to Cambridge so they can camp out at Harvard, and to Newton (the heart of Barney Frank's district), anywhere in Vermont, Manhattan, Beacon Hill (home of John "F'n" Kerry), The People's Republic of Amherst (where the town council tried to ban the American Flag), the Berkshires, Madison, WI, and anywhere else obnoxious, holier-than-thou liberals roam.

[thouworm]

Scratch constitutional amendment. All he needs is to pack one more court seat.

The fear of every American in possession of a working brain, a functioning conscience, and the Dummy's Guide To History.

[Political Junkie Too]

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

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

How Current is This?

(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

[CodeToad]

Fine. Use the detainees as slaves until the feds come to deport them.

[Logical me]

Send them to Southern California. No one would notice.

I live in SC and I thought I was living in Mexico now. Pardon me, I have to close a window and door, couple of haciendas are now ratcheting up Mariachi music. Can't seem to think with my keyboard bouncing. Whoops, was me bouncing.

[workerbee]

where can I find a copy of that?

Bench statement No.11-182 Arizona v. US

[Conservaliberty]

thanks

[MasterGunner01]

Have every person in AZ tie up the lines at DHS with illegal alien sightings. Keep all their lines busy for a month. If the DHS won't take calls from the cops, then AZ citizen should bury Napolitano’s DHS under a blizzard of phone calls.

Time for AZ Governor's office to throw the DHS idiots out of the state, call out the AZNG and state militia, put them on the border and issue shoot to kill orders with an unlimited bag limit for illegals and narcos.

[jch10]

They DREAMers aren’t citizens. They can’t register to vote. They will have to follow whatever procedures are set up for them to become “legal”. This will take some time. Military service, completing college, etc.....this election will not be affected, right?

Someone please clarify the reasoning behind BO’s plan.

[Truth29]

They DREAMers aren’t citizens. They can’t register to vote. They will have to follow whatever procedures are set up for them to become “legal”. This will take some time. Military service, completing college, etc.....this election will not be affected, right?"

You're assuming legal eligibility to vote. Consider 800,000 or perhaps a multiple of that number of illegals who are shepherded through the voter registration process by ACORN like organizations in a country where records are not checked, same day registration, vouched ID registrations, and active Federal lawsuits against states trying to tighten voter registrations and purge voter rolls of the dead, felons, and illegals. Massive vote fraud could be Obama's ace in the hole in Nobember.

[Truth29]

Nobember = November.

[gidget7]

Oh there is “stopping him”, but spineless men (and women) won’t. I dream of a day soon when the gop stand in unison and proclaims 0 needs to abide by his oath of office and obey all laws, and if he can’t RESIGN NOW!

A pipe dream, no doubt, but I can dream.

[Dysart]

If the thugocracy responds to today's decision with this, what will Thursday's SCOTUS decision evoke?

Probably a strategy meeting with insurance trade reps and lobbyist to forge an unconstitutional workaround, if they haven't already. Ins co's have a lot at stake here, too. Big bucks riding on the mandate.

[Anima Mundi]

I know that some cities have chosen to ignore the immigration laws and become “sanctuary cities.” Nothing has happened to them from the Feds. So it is okay to officially NOT enforce laws, but not okay to enforce laws? Okay. This being the case, I have an idea. Why not choose laws that Obama likes, such as Federal Environmental Laws and declare to be “Sanctuaries” regarding those laws? See if they then decide that locals MUST enforce Federal Laws...let them defend THAT.

[cableguymn]

ya.. and voter fraud never happens. /s

DREAMers are probably encouraged to vote and allowed to in the right districts.