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DOJ Memo Reveals No Bar to Enforcement of Immigration Law (Long Title)
FAIR Immigration Report ^ | October 2005 | Leah Durant, Legal Analyst

Posted on 10/26/2005 8:09:42 PM PDT by LNewman

Bowing to pressure earlier this month, The U.S. Department of Justice released a 2002 legal memorandum revealing the department’s official position on state and local enforcement of federal immigration law. To the chagrin of many, the memo’s author, then Assistant Attorney General, Jay S. Bybee, says state and local police possess the inherent right to enforce civil violations of federal immigration law. The Assistant A.G.’s memo concludes it is “unreasonable” to assume Congress intended to deprive the federal government of “whatever assistance States may provide” in identifying and detaining individuals who have violated federal immigration laws.

In other words, the Department of Justice believes state and local police are entitled to act when they believe federal immigration laws are being violated.

Ripples from the electrically charged memorandum are being seen throughout the country, as states like New Jersey begin ordering local law enforcement to help U.S. immigration agents get a handle on that state’s illegal immigration problem.

The contents of the legal memorandum are fully in-line with the views of FAIR’s Legal Department—it is not only a right, but a duty of local police to arrest immigration law violators. Contact FAIR’s Legal Department for more information.


TOPICS: Crime/Corruption; Culture/Society; Government
KEYWORDS: aliens; attorneygeneral; doj; illegals; immigrantlist; specialorder40
I have nothing printable to offer as regards the three years and pressure it apparently required to have this released.

This one gets copied and sent to all local law enforcement, local/state reps.

1 posted on 10/26/2005 8:09:46 PM PDT by LNewman
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To: HiJinx; gubamyster

DOJ ping


2 posted on 10/26/2005 8:13:36 PM PDT by LNewman
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To: LNewman
I have always felt that one of the crucial pillars of immigration reform should be a federal law that states in no uncertain terms that no State or municipality (that means *you* Seattle, San Francisco, etc.!) can pass a law shielding illegal immigrants from immediate arrest (followed by deportation proceedings) when they come to the attention of law enforcement or government officials.

Going further, I'd like to see the receipt of federal funds contingent upon demonstrating compliance with federal immigration laws. This is a national security and cultural issue that must be addressed.

3 posted on 10/26/2005 10:01:22 PM PDT by BushMeister ("We are a nation that has a government - not the other way around." --Ronald Reagan)
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To: LNewman
Good post, Newman!

I'll make sure Rep. Jane Harman and L.A. Mayor Villagairosa get copies of this. I'll send it to Chief of Police Bratton too. Wonder how this will go over in the "sanctuary city" of El-Lay, where illegals are kings?

4 posted on 10/26/2005 10:30:45 PM PDT by janetgreen
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To: DumpsterDiver

Interest PING!


5 posted on 10/26/2005 10:42:04 PM PDT by janetgreen
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To: StoneColdGOP

Interest PING!


6 posted on 10/26/2005 10:43:32 PM PDT by janetgreen
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To: 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 4Freedom; 4ourprogeny; 7.62 x 51mm; A CA Guy; ...

ping


7 posted on 10/26/2005 11:13:17 PM PDT by gubamyster
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To: LNewman
Looks like I have to forward this to our dumbwit Gov. Janet Napolitono.AWB
8 posted on 10/27/2005 12:21:57 AM PDT by Americanwolfsbrother (Don't hate on someone for using their mind.)
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To: LNewman; Texas WOP; Adrastus; Moiraine; Dan12180; jagusafr; lrb111; Bedford Forrest; MaryD; ...

DOJ Ping!

Please FReepmail me if you want on or off this South Texas/Mexico ping list.


9 posted on 10/27/2005 1:49:49 AM PDT by SwinneySwitch (Minutemen and women-beyond your expectations!)
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To: gubamyster

Protect our borders and coastlines from all foreign invaders!

Support our Minutemen Patriots!

Be Ever Vigilant ~ Bump!


10 posted on 10/27/2005 10:12:03 AM PDT by blackie (Be Well~Be Armed~Be Safe~Molon Labe!)
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To: Mr. Mojo

ping


11 posted on 10/27/2005 1:39:32 PM PDT by Calpernia (Breederville.com)
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To: LNewman

I didn't read the whole article, just the introduction.

It appears the Feds are stating that the enforcement of Federal Laws by local and state law enforcement agencies is of a permissory nature.

Don't law enforcement officials take an oath to enforce all laws in their jurisdiction?? Aren't Federal Immigration Laws Nationwide?

Should local and state law enforcement agencies be REQUIRED to ACTIVELY cooperate with the Feds in cases regarding a WIDESPREAD, SERIOUS and GROWING criminal activity - like the INVASION OF OUR BORDERS???

I see Gonzales - and the White House - again waffling on a serious issue - one they apparently would much rather ignore, for whatever reason.


12 posted on 10/27/2005 1:47:01 PM PDT by ZULU (Fear the government which fears your guns. God, guts, and guns made America great.)
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To: LNewman
Great news!! I'm sending this to police departments in my area. Lord knows illegals think NM belongs to Mexico. LOL Suffice to say, we've got a bunch of them here. We have 48% legal Hispanics. I'm scared to think how many illegals there are.
13 posted on 10/27/2005 1:49:38 PM PDT by NRA2BFree
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Comment #14 Removed by Moderator

To: ZULU
That is the entire article ... at least from FAIR. The link goes to the article I referenced in full and FAIR's October 2005 newsletter.

Briefly looked for the Bybee memorandum today, and came up with a bunch of earlier stuff about DOJ "leaks" saying the same thing. The references I hit, all older, consistently repeated the notion that local LEO's jobs would be hampered by enforcing federal immigration law and sovereignty. "Law-abiding" illegals wouldn't trust them ... blah, blah, blah. Unfortunately, Americans will come to distrust them (if they don't already) should they do otherwise.

Locally, our city police chief was in the paper a month or so back spouting the fear and intimidation line that if they are required to set up stings at car washes, the general public safety will suffer.

15 posted on 10/27/2005 7:38:01 PM PDT by LNewman
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To: LNewman

I don't like the idea of "sting" operations and I think your local police chief is being disingenuous about this.

What they SHOULD do is respond to situations where you see gangs of foreign laborers hanging around street corners or other areas to be picked as day workers.

They should be checking people they arrest or stop for motor vehicle operations if they obviously appear not be native born by their accents, etc and if they can't provide proof of citizenship, detained for INS people.

Employers who are consistently found hiring illegal invaders should be hit with progressively hirer FEDERAL fines until the cost of the same becomes so onerous they either stop the practise or are forced out of business.

I peresonally think it has reached the point where we should require a citizenship card with a photo I.D. In some states motor vehicle licenses have effectively become this anyway as they require a photo id and proof of citizenship. When people are stopped for routine road checks or moving violations and they lack these cards, a check should be made to see if they are illegal invaders.

In the recent past, this has not been an issue. Today it has reached a critical mass. A significant number of criminals arrested, people appearing for meedical treatment at hospitals without medical coverage, etc. are illegal invaders and the American public is bearing the cost.

This issue, along with Bush's defection on his promised selection of qualified, strict constructionist Federal Justices, will provide a legacy of a poor Presidency.


This entire issue is a most serious one, but the Bush administratoin has chosen to ignore it or shove it under the rug in order to placate certain activist ethnic organisations and employers who exploit cheap labor.

We have become an international laughing stock for tolerating a border situation that even our corrupt neighbors to the south would never tolerate.


16 posted on 10/28/2005 1:40:48 AM PDT by ZULU (Fear the government which fears your guns. God, guts, and guns made America great.)
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To: LNewman
In other words, the Department of Justice believes state and local police are entitled to act when they believe federal immigration laws are being violated.

Absolutely! But that is not why they refuse to do it. The people who pay their salary do not want them to act because of the local economy and other political reasons, some of them substantive, depending on where.

This problem has always been the case and it cannot be mitigated by the fed.

If they want it done, they will have to do it themselves, and that has been quite clear for a very long time.

17 posted on 10/28/2005 1:45:47 AM PDT by Cold Heat
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