Tuesday, May 25, 2010

Remember, Remember it'll soon be November























After their admission that they haven't read the Arizona immigration enforcment law, here's a recommended reading list for Obama, Attorney General Eric Holder, and Homeland Security Secretary Janet Napolitano


Perhaps we can’t expect the average Joe to have read the equivalent federal statute but surely we can expect the 3 top people in this regime charged with enforcing the law and border control to know what it is they’re supposed to be enforcing.


And just to make it easy on the three of them, I've culled it down to Cliffs Notes dimension.


The Supreme Court has stated clearly and often that the U.S. Constitution gives Congress “plenary power” over immigration policy, meaning that Congress has virtually unlimited authority to regulate immigration into the United States. The Supremacy Clause of the Constitution says that federal law supersedes conflicting state law. In immigration matters, the courts have consistently held that this means that states may enact immigration-related laws that go as far as, but no further than, duly enacted federal laws, except in areas where Congress has specifically preempted state action.

The Arizona law was drafted meticulously to ensure that it complies fully with the U.S. Constitution and with federal immigration laws and no further. So try these on for size:-

The Arizona law (SB 1070, as amended by HB 2162) — don’t worry, it’s not that long, so it shouldn’t take more than an hour to read, and that’s if you read every single word. You really should read it, though, before you publicly state whether it is misguided (President Obama) or unconstitutional (AG Holder), or whether you would have vetoed it (Secretary Napolitano). For folks like Rep. Grijalva, reading it probably won’t make much difference for you, since your goal is open borders, rather than the rule of law.


Pay special attention to the FOUR separate prohibitions on racial profiling in the bill (11-1051(B); 13-1509(C); 13-2928(D); and 13-2929(C))

Also note that the only individuals who are authorized under the law to determine an alien’s immigration status are: (1) ICE officials; (2) CBP officials; and (3) law enforcement officers “authorized by the federal government to verify or ascertain an alien’s immigration status.”

8 U.S.C. 1302—This is the federal law, first enacted in 1940, that requires every alien over the age of 13 who plans to remain in the United States for 30 days or longer to register with the federal government and be fingerprinted.


I know I was.

8 U.S.C. 1304—This is the federal law that requires that “every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him” by the Federal government.


I know I did.

8 U.S.C. 1373—This is the federal law, enacted in 1996, that prohibits states and localities from enacting or adopting so-called sanctuary policies that prohibit state or local officials from communicating with Federal officials regarding the legal status of individuals with whom they come into contact while performing their official duties.


It also requires federal immigration authorities to respond to all inquiries by state and local officials about the immigration status of individuals. This section is the reason that the Law Enforcement Support Center (LESC) was created—so that ICE officials would be available 24 hours a day, seven days a week to verify the immigration status of individuals at the request of state and local law enforcement officials for a duly authorized purpose.

So Mr. Obama, Mr. Holder and Ms. Napolitano be aware that there will be a short quiz on the first Tuesday in November.

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