AG Nominee Gonzales on Illegal Immigration (Confirmation Hearing Excerpts)

New York Times ^ | 01-06-2005 | Federal News Service

[NewRomeTacitus]

Sen. Spector (in opening statements): "The department will have a major role in implementing President Bush's proposals to revise our nation's immigration laws and to deal with the 10 million aliens who are in this country illegally."

"The attorney general has exercised the authority to overrule conclusions by the immigration judge and a board of immigration appeals. And this is an issue that lingers after considerable questioning of Attorney General Ashcroft as to what standards ought to be used. And the attorney general, John Ashcroft, conceded before this committee that it's not sufficient to simply cite national security. And that will be a question which we will want to inquire into."

(Way later after Sen. Leahy dredged up the torture allegations every chance possible.)

Sen. Kennedy: "One is the -- which we talked about -- the state and local law enforcement of immigration laws. You’re familiar with this. In 2002 the Department of Justice reversed long-standing policies -- supported the inherent authority of states to enforce federal immigration laws, and this -- that reversal was based on an Office of Legal Counsel opinion that’s not been made public. And I’ve asked for a copy of the opinions; so have others of the Congress; interested parties have asked for it too. The refusal to -- it’s been the subject of a lawsuit. The department’s response failed to provide the opinion but simply offered its conclusion without any discussion.

I have difficulty finding a good reason why the department continues to keep the opinion and its legal analysis secret, especially since it reverses a long-standing policy that scores of police chiefs, police departments around the country, including many in your home state of Texas, have denounced the idea of involving state and local police in federal immigration enforcement. Last month the International Association of Chiefs of Police issued a report expressing concern. They and others believe it will destroy the remarkable progress they’ve made with community policing in which police have worked closely with the public, including immigrant communities, and developed productive bonds of trust -- concerns raised by law enforcement shared by many conservative and security experts. I can’t believe I’m quoting Grover Norquist -- Bob Barr, the Heritage Foundation all say this could be an unmanageable burden on the law enforcement officials."

So could you tell us why -- quickly as you could -- the secrecy, and can you tell us whether you’d support them releasing the OLC opinion on the authority to --"

MR. GONZALES: "Senator, thank you for that question. You and I did talk about that in your office. This matter is in litigation, as you indicated; there is FOIA litigation about the release of the memo. The conclusions are known. It’s the analysis, the deliberations that went into the opinion that I think the department is seeking to protect.

Let me just emphasize, though, or try to provide reassurance about this.

There is no requirement, of course, upon state and locals to enforce federal immigration laws. This is purely voluntary. In fact, of course, some states have prohibitions; they couldn’t do it even if they wanted to. In some cases the department, as I understand it, has entered into with state or local departments, in terms of memorandums of understanding in order to enforce this. We’re certainly -- I certainly am sensitive to the notion that some local law enforcement people don’t want to exercise this authority. Well, we’re not saying that they have to. But if they want to and they can assist in fighting the war on terror, that’s what this opinion allows us to do.

Personally, I would worry about a policy that permits someone, a local law enforcement official, to use this authority somehow as a club to harass -- they might be undocumented aliens, but otherwise lawful citizens. That would be troubling. That would be troubling to the president who, as a governor of a -- former governor of a border state understands and appreciates the roles that immigrants and undocumented aliens play in our society.

But it is in litigation, and it would probably be better if I didn’t speak more about that."

[NewRomeTacitus]

One conservative website posted Gonzales's response this way:

"It is purely voluntary. In fact, of course, some states have prohibitions [against?]. They couldn't, even if they wanted to. [They couldn't what?] In some cases, the department, as I understand it, has entered into with state and local departments in terms of memorandums of understandings in order to enforce this [?]."

From what I can discern there's a classified memo (from Ashcroft?) calling for no-nonsense enforcement actions and the powers that be aren't happy about it. Ergo it's talked around and unavailable to the public's scrutiny.

Senator Ted provided further entertainment by chewing the curtains on Civil Rights, "hate crimes" and the treatment of Islamic immigrants post-911. That's far down on the linked page. From the noises made there you can tell Gonzales's approval is a done deal. I'm extremely disturbed that we're going to have a top law enforcement officer who seems ready to enforce the law selectively while defering to the Administrative Branch's wishes (shades of Janet Reno).

[k2blader]

Whatever happened to that story that Gonzales is supported by La Raza? Unfortunately, I haven't yet seen anything to convince me it's not true.

[NewRomeTacitus]

Ladies and gentlemen, your new top law enforcement officer of the United States. Johnny, I'm already missing you.

[Darkwolf377]

What's Gonzales's position on bringing to justice drunken drivers who drown women?

[agitator]

"......... they might be undocumented aliens, but otherwise lawful citizens. "

Huh? An illegal alien is by default NOT A CITIZEN. What kind of BS answer is that?

[NewRomeTacitus]

He kissed Kennedy's butt while covering his own by responding "I share your concerns and will get right on it" or variations on that. Read it for yourself - I don't have enough stomach left to go back to it.

[kingu]

*sigh* Ashcroft didn't want to eject illegals, Gonzales doesn't want to.. No one in the administration wants to eject illegals.

What is it with everyone? Every time this comes up on the ballot, it gets voted in, even in 'liberal' states - the people want the illegals to be deported. Yet with all these political geniuses wandering around, no one gets it.

Tancredo, I pray that you give at least a half hearted run for President and help bring this nation back towards enforcing the laws of the land.

[bayourod]

Did you read the article? Let me simplify it for you:

1. Prior to the Bush administration, federal law was interpreted as prohibiting state and local law enforcement agencies from enforcing federal immigration laws.

2. The Bush administration issued a new interpretation saying that local agencies could enforce federal immigration laws.

3. The Bush administration has established training programs for state and local agencies wanting to help enforce immigration laws. They have set up cooperative working arrangements.

4. But federal law does not force local agencies to enforce federal laws. and

5. Most local agencies do not want to enforce federal immigration laws. Some states prohibit local police from enforcing federal immigration laws.

Now why are you bashing President Bush, other than that's your primary agenda?

[dalereed]

"Now why are you bashing President Bush"

He supports giving illegals work permits, eventual legal residency, and posibly becoming citizens in the future!

He's a one world socialist, born in a family that believes that, and was so raised!

If Kerry wasn't such horrible trash Bush wouldn't have gotten 40% in the last election.

[JackelopeBreeder]

How about a verbatun qaote:

Gonzales: There is no requirement, of course, upon state and locals to enforce federal immigration laws. It is purely voluntary. In fact, of course, some states have prohibitions. They couldn't, even if they wanted to. In some cases, the department, as I understand it, has entered into with state and local departments in terms of memorandums of understandings in order to enforce this. I certainly am sensitive to the notion that some local law enforcement people don't want to exercise this authority. Well, we're not saying that they have to. If they want to they can assist in fighting the war on terror, that's what this opinion allows us to do. Personally I would worry about a policy that permits someone, a local law enforcement official, to use this authority somehow as a club to harass uhh they might be unlawful aliens but otherwise lawful citizens. That would be troubling. That would be troubling to the President.

This dimgleberry should have reached his level of incompetence running a Slurpee machine at a local 7-11.

[joesnuffy]

He is also a pro abort and anti 2nd amendment as a individual right....
let the coyote howl...must be time for another shipment of los mojados...

The cities of high illegal alien populations are rift with crime..methamphetamine smuggling,rapes, thefts, murders and diseases once irradicated but staging a comeback to America via Mexico...

The burden is on American taxpayer to furnish the employers of illegals with medical care, food, housing, and schooling for their children...

That is how the employers of illegals get away with keeping their overhead low...the cost of goods and quality of life goes down on one end while taxes go up on the other...the burden of providing a living wage passed on from the employer to the already overburdened tax payer...

Only slum lords, coyotes, and employers unwilling to pay living wages make out...while the tax payers pick up the tab in all other areas...no bargin for Americans at all....in fact it's quite the contrary...

Must be about time to next play the race card...

imo

[Prime Choice]

Whatever happened to that story that Gonzales is supported by La Raza?

It's right here: http://www.freerepublic.com/focus/f-news/1289864/posts. Read all about it. Pass it along. The text is straight from the La Raza abomination itself.

[bayourod]

"He's a one world socialist, born in a family that believes that, and was so raised! "

That tells us everything we need to know about you.

I had a friend who believed like you. We was obsessed with telling everyone he met about the Bushes being one world socialist traitors. People would hide when they saw him coming just to avoid his Trilateral Commission/CFR anti-Bush tirades.

On the plane back from the Detroit convention he started in on the passenger sitting next to him.

After about thirty minutes of listening to his crap, the man turned to him and said "Do you know who I am? I'm George W. Bush". George said every head on my friends head stood straight up, he turned to face forward and never said another word.

[risk]

Hispandering bump. Here we go!

[NewRomeTacitus]

El Bucko! Wotta treat!

1. The Bush administration is wrong. Laws are enforced on the local level and efforts to take that away are efforts to skirt them.

2. They lied.

3. True. Unfortunately those trained learned that the time training was wasted. At least the participants got paid.

4 & 5. "But federal law does not force local agencies to enforce federal laws and most local agencies do not want to enforce federal immigration laws. Some states prohibit local police from enforcing federal immigration laws."

(finally stopped ROTFL) Why do I waste valuable lifetime responding to you, let alone reading your efforts to justify criminal behavior? Federal law, as EVERYONE knows, takes precedence over all lesser bodies (consistantly reinforced by Supreme Court decisions). The states and cities who get away with "sanctuary" policies were wrong when they adopted them and I stand behind Tom Tancredo's proposal to snip the road funds for every governmental body that coddles criminals in this manner.

Eat 'em and Smile, Rod.

[NewRomeTacitus]

Sorry for swiping your act, JB; but you set a precedent that cried out to be done.

[dalereed]

I hope you are caught employing illegals and have to serve a long prison sentence!

[k2blader]

Yep, thanks, that's the story I was referring to. I haven't heard any refutations of it from either the WH or Gonzales himself, so I'm assuming it's true.

I don't understand why Republicans aren't outraged about their guy being supported by the hispanic equivalent of the KKK.

Not only is it disgusting and racist, but it demolishes what little credibility the GOP had on the illegal immigration issue.

[ambrose]

The reason why is quite simple:

Big Business Republicans want illegals for cheap labor


Democrats want new voters.

[azhenfud]

His asinine "...they might be undocumented aliens, but otherwise lawful citizens." is not good; any lawyer, especially a candidate for AG that doesn't have the mental faculties to distinguish the difference should be disbarred immediately.