Posted on 07/22/2010 5:34:57 PM PDT by Kaslin
States' Rights: A federal judge hears arguments over whether a state law that mirrors federal law on immigration should take effect next week. Can a state protect its borders when the federal government won't?
U.S. District Judge Susan Bolton heard arguments Thursday on Arizona's SB1070. The law says Arizona police, during the enforcement of other laws, can inquire of an individual's immigration status if they have reason to believe that individual is here illegally.
The new law is scheduled to take effect on July 29, and the U.S. Justice Department is seeking to block its enforcement largely on the flimsy ground that Arizona is usurping federal powers. We have argued that the federal government is a creation of the states, not the other way around, and that a state is within its powers to take actions to protect its citizens from potential harm.
The government cannot seriously argue SB1070 amounts to racial profiling, since it mirrors federal law and specifically prohibits targeting individuals on the basis of their ethnicity.
They must first be suspected of some other infraction, and then the police are authorized to do what the federal government has specifically authorized various jurisdictions and trained their officers to do, namely enforce federal immigration law.
Critics of Arizona's enlisting local police to enforce federal immigration law fail to note the existence of the federal 287(g) program, which trains local police to do just that. The Department of Homeland Security has memoranda of agreements (MOAs) with some 70 state and local law enforcement agencies to participate in 287(g) partnerships to enforce federal law. Nine of these jurisdictions are in Arizona, and all of the agreements were inked while Homeland Security Secretary Janet Napolitano was Arizona governor.
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The “Castle Doctrine” taken from the individual landholder or property occupant to the state level. Apparently the Feds cannot get there fast enough, either through neglect or obstinacy, so the lawful occupant of a property has the right to take up any necessary defense to repel the invaders.
Demanding supremacy does not absolve the Federal government from its past and current dereliction of duty.
Lead, follow, or get out of the way. The Mexican drug lords have occupied a beachhead within American borders.
Time to quell with extreme prejudice.
Yah, but who's holding their feet to the fire?
Nobody.
Unless these folks soon start watering the Tree of liberty, "soon" as of yesterday, America is dead.
Stone cold dead.
The sheeple will do nothing. America -- a great idea, didn't last.
Bolton was nominated by Republican Jon Kyl. What is the political calculus regarding her decision, I wonder...
One track she gets fired; the other destroys the concept that we are a nation of laws not men.
Arizona has a perfect position - “Your honor, what are we, the people and state, to do when the Federal Government fails to enforce its own laws?”
Wonder how she is going to legislate from the bench?
Arizona: Start forming regiments. Israel has a 8 million population and a huge army. Arizona is capable of policing itself. Confront the feds.
“Arizona needs to do what it has to do to protect its citizens from the horrendous invasion from Mexico, and the crimes and other horrors attendant to it.”
I agree with you. Arizona should finish the fence - and guard it with Live Ammo. Nothing to argue about - just do it!
Ping!
Federal judges are appointed for life: they can't be fired, only impeached.
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