CA: Experts split on legality of state creating border patrol

San Diego Union-Tribune ^ | May 6, 2005 | Ed Mendel

[Vaquero]

you do it and enforce your borders and when make the feds deploy an expeditionary punitive force against the governator....you get all that great public attention....and its incument upon all border states to do this and do it now........

[G.Mason]

Will anything like this be even possible given the makeup of the courts?

Methinks the cart is before the proverbial horse on this one.

[cripplecreek]

It won't happen here. Our governor herself is a socialist alien.

[JesseJane]

[snip]

• MALDEF opposes immigration reform.

• MALDEF opposes securing the Mexican border even to stop the flow of illegal drugs into the U.S. When the Federal government launched ''Joint Task Force Six'' to combat drug smuggling along the border, MALDEF filed suit to halt the project arguing in court that ''it would cause irreparable damage to the human and physical environment in the area.'' What of the irreparable damage being done to the human and environment due to illegal aliens and drug smugglers? On that question, MALDEF is silent.

What is MALDEF's goal? According to Mario Obeldo, former head of MALDEF, ''California is going to be a Hispanic state. Anyone who does not like it should leave.'' In 1998, Obledo was awarded the Presidential Medal of Freedom by Clinton.

Who is LULAC, MALDEF, MEChA/MEXA, and La Raza, pillars of the radical ''Hispanic'' lobby ?? click here

[FreedomCalls]

If the have legal "agricultural inspection stations" that all vehicles have to submit to when entering California (even from other states' borders -- not just across the international border) then why can't they have immigration inspection stations?

[FreedomCalls]

Legal experts had mixed views yesterday about whether the courts would allow California to create a border patrol to control illegal immigration

What would be the legal difference between this agancy and the California National Guard? Aren't they charged with protecting the state's borders?

[goldstategop]

States have the right and the duty to step in when the federal government isn't addressing the issue. Just like states should be able to with hold benefits from illegal aliens where this isn't mandated by federal laws. And unfunded federal mandates on the states like EMTALA should be repealed.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)

[Cold Heart]

Too many "Legal experts". Hire more state police and send them to the "high crime" border area. Call them lettuce police or something.

[kellynla]

"What would be the legal difference between this agancy and the California National Guard? Aren't they charged with protecting the state's borders?"

EXACTLY!

And if Ahnold had the balls he would call out the California National Guard and station them just inside the border on the CA side. PERIOD!

All this talk, talk, talk is nothing but that, JUST TALK!

And I wish someone would explain to me why the CA Attorney General has not filed a lawsuit against the feds to recover the NINE BILLION DOLLARS A YEAR that it's costing us to alllow the illegals to stay here!
Helloooooooo???

Semper Fi,
Kelly

[ravingnutter]

States have the right and the duty to step in when the federal government isn't addressing the issue.

FYI...Ashcroft made an attempt to get the criminal elements, but the DoJ was sued by LaRaza in 2002. Several other groups have also joined the lawsuit. I have not been able to find any info yet on the status of this lawsuit.

As the article states, has been a Federal ban on sanctuaries since 1996 but cities such as New York, Los Angeles, Houston, Chicago and San Diego refuse to comply, even under court order.

Although we should be punishing employers, some of the above cities even have city sponsored day labor centers that operate under a "don't ask, don't tell" policy. The illegals even receive free public education and free medical care at taxpayer expense; thirteen states offer them driver’s licenses.(See: ‘Sanctuary’ Laws Stand in Justice’s Way and The Illegal-Alien Crime Wave)

So to say that the FedGov is not attempting to address the issue is not correct.

[BJungNan]

The courts will not allow California to police its own state. Now I have heard everything.

[BJungNan]

you do it and enforce your borders and when make the feds deploy an expeditionary punitive force against the governator....you get all that great public attention....and its incument upon all border states to do this and do it now........

Not exactly sure I followed you on that but if you are saying the governor should do it and ignore the courts, I am with you 100%.

[kellynla]

And BTW, where is our illustrious CA Attorney General?
Under his desk?


CALIFORNIA CONSTITUTION
ARTICLE 5 EXECUTIVE


SEC. 13. Subject to the powers and duties of the Governor, the
Attorney General shall be the chief law officer of the State. It
shall be the duty of the Attorney General to see that the laws of the
State are uniformly and adequately enforced. The Attorney General
shall have direct supervision over every district attorney and
sheriff and over such other law enforcement officers as may be
designated by law, in all matters pertaining to the duties of their
respective offices, and may require any of said officers to make
reports concerning the investigation, detection, prosecution, and
punishment of crime in their respective jurisdictions as to the
Attorney General may seem advisable. Whenever in the opinion of the
Attorney General any law of the State is not being adequately
enforced in any county, it shall be the duty of the Attorney General
to prosecute any violations of law of which the superior court shall
have jurisdiction, and in such cases the Attorney General shall have
all the powers of a district attorney. When required by the public
interest or directed by the Governor, the Attorney General shall
assist any district attorney in the discharge of the duties of that
office.

[kellynla]

We don't give a rat's arse whether the feds are "attempting to address the issue"
What we do demand is that GWB give off the dime, secure the borders and ports, fine employers who hire illegals, deport the millions of illegals who are roaming about America unabated and in short, start enforcing the immigration laws of this country. Hello?

Bottom line: it's called DO YOUR FRIGGIN' JOB, Mr. Presdient!
You wanted the job, now start doing it!

And questions?
I thought not!

Semper Fi,
Kelly

[kellynla]

and yes I do know how to spell "President!" LOL

[SierraWasp]

That's good! The only way we know you're passionate is when you're too pist to spell straight!!! (hit 'em again... harder... HARDER!!!)

[kellynla]

:-]

[gubamyster]

ping

[ravingnutter]

Ummm...dear, the DoJ is part of the Bush Administration, Ashcroft was appointed by GWB. Aschcroft instituted policy changes that would allow local municipalities and state governments to assist in border enforcement and deportation of illegals, but he was thwarted at every turn by sanctuary laws and lawsuits. Until we resolve that problem, we aren't going to get anywhere.