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AP Source: Feds suing to stop Ariz. immigrant law

Renae

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BOB CHRISTIE (AP) - Associated Press Writer PHOENIX The U.S. Justice Department is filing a lawsuit challenging the constitutionality of Arizona's tough new law targeting illegal immigrants.

The planned lawsuit was confirmed to The Associated Press by a Justice Department official with knowledge of the plans. The official didn't want to be identified before a public announcement planned for later Tuesday.

The lawsuit will argue that Arizona's new measure requiring state and local police to question and possibly arrest illegal immigrants during the enforcement of other laws, like traffic stops, usurps federal authority.

Tuesday's action has been expected for weeks. President Barack Obama has called the state law misguided. Supporters say it is a reasonable reaction to federal inaction on immigration.
AP Source: Feds suing to stop Ariz. immigrant law

Well, now we know the case will be the Feds claiming Usurption.. is that a word?? of Federal Authority. Not smart at all to make that the crux of the debate. IF they lose this, and I'm betting they will, it will open the door for States to challenge the Federal Government in all manner of "failing to" issues.
 

Erod

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That whole states rights thing is such an inconvenience for Obama's new voting base.
 

LiberalAvenger

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That whole states rights thing is such an inconvenience for Obama's new voting base.
There ought to be a law that when a law is not enforced it is taken of the books.
 

ric27

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Holy Mary, Arizona dealing with the problem shouldn't require doing anything more than the feds should be doing in the first place.

We're not talking about rocket science here. Either you're here legally, or you are not. If you are not, and you get rolled up... your enchilada ass should get booted back where you came from.
 

Zyphlin

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It shows you part of the problem with the Executive Branch and the amount of power it has in this country now that they can ignore a supposedly "equal" branch of governments passed laws and simply choose not to enforce them.

Its also ridiculous on the surface as its suggesting that somehow local law enforcement can't do anything with regards to legal status. Will this standard be applied to other federal laws as well?

I'm hoping Arizona wins this.
 

Frozengale

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Stupidity abounds when it comes to this issue. Is it seriously that hard for these people to get the idea around their head that laws are meant to be enforced, and if the federal government fails to uphold such a law then it falls to the state to do so?
 

Moon

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The federal government is suing a state, because the state is having to deal with the fallout of the federal government's refusal/inability to enforce one of its own laws? Makes perfect sense.
 

Renae

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It shows you part of the problem with the Executive Branch and the amount of power it has in this country now that they can ignore a supposedly "equal" branch of governments passed laws and simply choose not to enforce them.

Its also ridiculous on the surface as its suggesting that somehow local law enforcement can't do anything with regards to legal status. Will this standard be applied to other federal laws as well?

I'm hoping Arizona wins this.

Well, if the Feds win this, wouldn't that negate any "crime" that is both a crime under state and Federal law? I'm just asking.

Wisconsin's drug laws mirror federal laws, but the penalties differ; some are less harsh and more flexible under the state's sentencing schemes than under the federal sentencing guidelines; others are more severe. A conviction of simple possession, for example may receive a sentence under state law of drug treatment rather than jail time, and probation may be available to first-time offenders for even the more serious crimes.
Federal Drug Crime Charges Penalties Schedules Possession Manufacturing Delivery Selling Controlled Substances Van Wagner Wood, S.C. Criminal Defense lawyers Madison, Wisconsin Attorney
 

VanceMack

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BOB CHRISTIE (AP) - Associated Press Writer PHOENIX The U.S. Justice Department is filing a lawsuit challenging the constitutionality of Arizona's tough new law targeting illegal immigrants.

AP Source: Feds suing to stop Ariz. immigrant law

Well, now we know the case will be the Feds claiming Usurption.. is that a word?? of Federal Authority. Not smart at all to make that the crux of the debate. IF they lose this, and I'm betting they will, it will open the door for States to challenge the Federal Government in all manner of "failing to" issues.
Oh...this ought to be a LOT of fun...

Partners

Delegation of Immigration Authority Section 287(g)
Immigration and Nationality Act
A Law Enforcement Partnership

ICE ACCESS (Agreements of Cooperation in Communities to Enhance Safety and Security) provides local law enforcement agencies an opportunity to team with ICE to combat specific challenges in their communities.

The 287(g) program is only one component under the ICE ACCESS umbrella of services and programs offered for assistance to local law enforcement officers.

ICE developed the ACCESS program in response to the widespread interest from local law enforcement agencies who have requested ICE assistance through the 287(g) program, which trains local officers to enforce immigration law as authorized through section 287(g) of the Immigration and Nationality Act.
 

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Oh...this ought to be a LOT of fun...

Partners

Delegation of Immigration Authority Section 287(g)
Immigration and Nationality Act
A Law Enforcement Partnership

ICE ACCESS (Agreements of Cooperation in Communities to Enhance Safety and Security) provides local law enforcement agencies an opportunity to team with ICE to combat specific challenges in their communities.

The 287(g) program is only one component under the ICE ACCESS umbrella of services and programs offered for assistance to local law enforcement officers.

ICE developed the ACCESS program in response to the widespread interest from local law enforcement agencies who have requested ICE assistance through the 287(g) program, which trains local officers to enforce immigration law as authorized through section 287(g) of the Immigration and Nationality Act.

Only problem to that is that ICE is way undermanned, and underfunded, and when called upon to enforce the law, it seems they have been ordered to back off.


j-mac
 

Resist the gov.

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The way i see it the government isnt doing jack**** to seal the border so then when Arizona turns around and says fine well deal with it on our own then the government punishes them for that? this is ridiculous unless we want the south west to be taken over drastic measures must be taken because nothing else has worked and now the Feds want to make all the illegals that are here already legal citizens, i mean i have no problem with immigrants coming here as long as its legal, but right now its like a title wave of people flowing over the border illegally.
 

Tucker Case

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BOB CHRISTIE (AP) - Associated Press Writer PHOENIX The U.S. Justice Department is filing a lawsuit challenging the constitutionality of Arizona's tough new law targeting illegal immigrants.

AP Source: Feds suing to stop Ariz. immigrant law

Well, now we know the case will be the Feds claiming Usurption.. is that a word?? of Federal Authority. Not smart at all to make that the crux of the debate. IF they lose this, and I'm betting they will, it will open the door for States to challenge the Federal Government in all manner of "failing to" issues.
This is interesting to me. If the Feds lose, then maybe things will be reset to how they should be and Federal Immigration laws are found to be unconsitutional usurptation of each State's right to determine legal residency within that state.

I hope Arizona wins and that happens. It'll be a huge day for State's rights.
 

ric27

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To put it simply...The people of Arizona are trying to head off the destiny that is Kalifornia.

On a side note...The Fed Gov should get out of the business of providing education, health care, and social services, then illegals would no longer reap the benefits of those programs and would have to pay for all that **** themselves; one more reason to stay in their country and deal with the REAL issues that's squarely their responsibility, like immigration.

Bottom line Congress should stop meddling with bull**** that they have no business ****ing with
 

ric27

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Congress has no consitutional authority over immigration.
The Obama Executive Branch, which alone is responsible for enforcing immigration law and his fun and games cohorts in Congress
 

Tucker Case

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The Obama Executive Branch, which alone is responsible for enforcing immigration law and his fun and games cohorts in Congress

False. The Executive branch does not have constitutional authority over immigration.
 

Crunch

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Congress has no consitutional authority over immigration.
That could be argued.......

Section 9 - Limits on Congress

The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
This might be the part of the Constitution that the DOJ will argue gives the Fed control of Immigration.... it is now past 1808 so Congress is no longer prohibited from telling States who can migrate to said State.

BTW, I don't think that argument is valid, but the courts might.
 

jamesrage

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BOB CHRISTIE (AP) - Associated Press Writer PHOENIX The U.S. Justice Department is filing a lawsuit challenging the constitutionality of Arizona's tough new law targeting illegal immigrants.

AP Source: Feds suing to stop Ariz. immigrant law

Well, now we know the case will be the Feds claiming Usurption.. is that a word?? of Federal Authority. Not smart at all to make that the crux of the debate. IF they lose this, and I'm betting they will, it will open the door for States to challenge the Federal Government in all manner of "failing to" issues.
States actually solving the illegal immigration problems means that it is that much harder for Obama to push for amnesty.
 

LiberalAvenger

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States actually solving the illegal immigration problems means that it is that much harder for Obama to push for amnesty.
I would not call it amnesty. I would call it pandering and granting certain people special privileges and immunities like a king.
 

pbrauer

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Congress has no consitutional authority over immigration.
Really?

immigration law: an overview
Federal immigration law determines whether a person is an alien, the rights, duties, and obligations associated with being an alien in the United States, and how aliens gain residence or citizenship within the United States. It also provides the means by which certain aliens can become legally naturalized citizens with full rights of citizenship. Immigration law serves as a gatekeeper for the nation's border, determining who may enter, how long they may stay, and when they must leave.

Congress has complete authority over immigration. Presidential power does not extend beyond refugee policy. Except for questions regarding aliens' constitutional rights, the courts have generally found the immigration issue as nonjusticiable.

...
Immigration | LII / Legal Information Institute
 

pbrauer

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You might have missed the word "constitutional" in my post.
Article I Section 1:
All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
 
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