[Political Junkie Too]

It's interesting that I've not seen any reference to US Code 1252c:

TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part V > § 1252c

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§ 1252c. Authorizing State and local law enforcement officials to arrest and detain certain illegal aliens

How Current is This?

(a) In general

Notwithstanding any other provision of law, to the extent permitted by relevant State and local law, State and local law enforcement officials are authorized to arrest and detain an individual who—

(1) is an alien illegally present in the United States; and

(2) has previously been convicted of a felony in the United States and deported or left the United States after such conviction,

but only after the State or local law enforcement officials obtain appropriate confirmation from the Immigration and Naturalization Service of the status of such individual and only for such period of time as may be required for the Service to take the individual into Federal custody for purposes of deporting or removing the alien from the United States.

(b) Cooperation

The Attorney General shall cooperate with the States to assure that information in the control of the Attorney General, including information in the National Crime Information Center, that would assist State and local law enforcement officials in carrying out duties under subsection (a) of this section is made available to such officials.

1252c specifically authorizes states to arrest and detain certain illegal aliens. How does this judge expect the states to comply with 1252c if they cannot first determine if the person is an illegal alien, and then determine if said illegal alien has committed a felony?

-PJ

[RJS1950]

Well, let’s see here. If nobody can be checked for an ID or citizenship then I guess that this would apply across all 50 states. OK, I’ve always wanted to attend, let’s say, Cal Poly or maybe another prestigious public university. So, I should be able to just go there, demand entry to the university, demand a full scholarship as well as room and board and get it. No, no, you can’t ask me for any ID, proof of residency, financial records to prove need or anything else. Give me what I want you democrat POS Nazi morons. Yeah, right.

[editor-surveyor]

This cannot stand.

Every peace officer has the power to demand identification of a person detained for a crime or infraction. Upholding this ruling would cripple all law enforcement.
.

[GreenAccord]

If I’ve learned anything from the past 18 months, it’s that on the day things break open politically, don’t think you can know the way it will all play out based on the events of day 1. Recall how the Scott Brown saga played out, for example.

[yield 2 the right]

Nice try AZ, now repeal the whole law and try it again, this with more forceful language.