Posted on 04/27/2010 4:21:19 PM PDT by pissant
April 27, 2008:
AJM: Hello Congressman, this is Jim
DH: How are things going?
AJM: Great. Last time we talked you were going through a canyon so it cut our conversation short a little bit, so I want to revisit….
DH: (laughs) We’ve gone through a lot of canyons over the last several months.
AJM: You certainly have.
DH: But listen, I’m a full service operator, so what’s up?
AJM: (laughs) Well first of all, before we even get into the old stuff, I think you’ve become aware of the raging controversy – quote, unquote – about Arizona passing their tough anti-illegal alien law.
DH: Just a little bit (laughs). What are the latest details.
AJM: Well, Obama has come out and condemned it and…
DH: Of course, but what are the latest details on the law, I only saw what was in the papers.
AJM: The law says that if they reason to believe you might be illegal, for example they pulled you over for some reason, and the police have the suspicion you might be illegal, they will ask you to produce your papers or documentation that you are legally in country. It’s not just rounding them up either. It’s questioning them when they are involved in the commission of some other disturbance or violation or police interface. So any times the cops have an incident, they are authorized to check on immigration status.
And as you know, Arizona has a very high population of illegal aliens. It’s basically what Maricopa County has been doing under Sheriff Arpaio for years.
DH: So they are authorized to check on immigration status then report them or deliver them to the Border Patrol if in fact they are illegals?
AJM: If in fact they are illegals, they’ll arrest them and hand them over to ICE or the Border Patrol.
DH: What is the status? Is it Law at this point? Last I heard it was sent to the governor.
AJM: It was signed into law by Jan Brewer, Governor Brewer, last Friday or Saturday, I believe. But goes into effect in 3 months. All the Border Control advocates have given her praise – in fact 70 to 75% of Arizonans are in favor of it. But you’d never know that from the unhinged proclamations from Obama, Napolitano – hell, even Jeb Bush came out against it. All the open borders queens are showing their slips.
DH: What a surprise.
AJM: (laughs) So I just wanted your take on the situation.
DH: Well first, it’s been traditional practice, a traditional and necessary practice for state and local law enforcement officers to refer offenders of federal law, or those who have broken federal law, to the feds in carrying out their law enforcement exercises on a daily basis. If you arrest someone for drunken driving locally, and you become aware of the fact that the person has also committed a federal crime in another state or in that state, you hand them over to the federal prosecutorial chain for disposition.
Now that’s been the traditional practice. It’s also a necessary practice of this country. And it works in reverse also in that people who are apprehended by the feds for violating federal law and are found to be in violation of a state law, that information is transferred to the state prosecutors. This way, both jurisdictions have the opportunity to deal with people who violated their laws.
The exception or avoidance of that practice has been historically immigration law. This is the once place where, thanks to the bleeding hearts, where this practice has often been ignored. I remember several decades ago, the mayor of San Diego, California had a written directive to the San Diego Police Department NOT to turn over illegal Aliens!
AJM: Was Rudy out in San Diego too? (laughs)
DH: He instructed them not to turn over illegal aliens apprehended under city statutes. It became a Sanctuary City where they didn’t turn over illegal aliens to the feds for prosecution or deportation. It was a direct order not to do so. So that was an example of the “exception”.
But my point is, in other areas of law, that’s always been the rule to hand over the criminals to the right authorities. It’s proper and necessary. It reflects the best of federalism; that is the cooperation between the state and federal jurisdictions!
So it is strange, yet not too surprising, that the federal government would object to that. You’d think that if they had someone guilty of drug smuggling under federal law or some other violation of federal statutes, you’d think Obama and Napalitano would appreciate the local jurisdiction turning that person over for prosecution. If the person is simply an illegal alien you’d think, instead of squawking, they’d also appreciate that since the federal government has NOT carried out its obligation to secure the borders!!
AJM: No doubt! The thing that has been common, I would say, if they find someone who is an illegal alien through some minor infraction like a tail light being out, that’s normally a fine, right? They’ve been letting them go!
DH: Well listen, lots of people who have violated fairly high level of law, who participated in severe violations of federal law, have been apprehended initially due to some minor infraction. Or identified or caught when they violated some minor law.
AJM: Yeah, they’ve even caught serial killers that way.
DH: So detaining illegal aliens, regardless of the violation, is in the best interests of Arizona and the country.
AJM: Absolutely.
DH: Listen, I’ve just had guests come in. I’ve got to sign off, Jim (laughs). One of my best buddies just came in the door here. I haven’t seen him for a long time. I think I owe him money. I’ve got to hang up and answer (laughter in backround).
So call me back in about an hour.
AJM: Are you sure that’s enough time?
DH: Two hours!
AJM: (laughs). OK
DH: But I’m glad we got that one nailed down. I think that apprehending and turning over illegal aliens, that reciprocity between jurisdictions in terms turning over violators is the best of federal practices. There is nothing abhorrent, strange or unusual about it! So good for Arizona for continuing the tradition.
AJM: The thing I think that Arizona did in the verbiage of the law that has the liberals and amnesty queens in a lather is; the way they allowed the police to arrest them regardless of the violation, they made it against the law in Arizona to be an illegal alien in the state and….
DH: In other words they made state law on illegal aliens consistent with federal law! Good.
AJM: Yep, it’s a darn good thing. OK. I’ll talk to you in a couple hours and we’ll revisit the old stuff.
DH: OK, thanks. Bye.
DH PING
Arizona law just references federal immigration law.
In Florida we were enforcing that, and then Obama-commie signed an EO and we had to stop ... not sure why an EO trumps a federal statute.
“DH: In other words they made state law on illegal aliens consistent with federal law! Good. “
All we need to know!
Build Duncan Hanter’s double border fence!
It sure as hell shouldn’t. The President cannot overide Congress with EOs, or states for that matter.
Pretty much. I think Hunter would prefer to not burden the states with this by keeping all the damn illegals OUT in the first place.
Amen Doll!
I wonder why no one has challenged it?
The only thing I could find was the states were no longer getting federal detention refunds.
Crist, you may very well be right. But other states were doing the same and it all stopped.
Crist the Obama hugy one.
It just passed over the weekend. There will be lawsuits up the yingyang. Probably one from Obama and Holder as well.
“Pretty much. I think Hunter would prefer to not burden the states with this by keeping all the damn illegals OUT in the first place.”
You mean like H E did.
Hunter 2012.
“America will be ready to toss “trendy” by then”
you mean unlike others who formulated “10 point plans” for their run for higher office while having simply abysmal records on illegals?
From your lips to God's ears!
“you mean unlike others who formulated “10 point plans” for their run for higher office while having simply abysmal records on illegals?”
Precisely
Toss in a few prayers too!
Duncan Hunter is one of the few conservatives left in the rino GOP liberal republican party that has a set, unlike the boygirls of the rino wacko pols who deserve a one way ticket to Europe with the all american dems.
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