Supreme Court casts doubt on Obama’s immigration law claim

washington times ^ | Wednesday, April 25, 2012 | By Stephen Dinan

[Ernest_at_the_Beach]

Supreme Court justices took a dim view of the Obama administration’s claim that it can stop Arizona from enforcing immigration laws, telling government lawyers during oral argument Wednesday that the state appears to want to push federal officials, not conflict with them.

The court was hearing arguments on Arizona’s immigration crackdown law, which requires police to check the immigration status of those they suspect are in the country illegally, and would also write new state penalties for illegal immigrants who try to apply for jobs.

The Obama administration has sued, arguing that those provisions conflict with the federal government’s role in setting immigration policy, but justices on both sides of the aisle struggled to understand that argument.

“It seems to me the federal government just doesn’t want to know who’s here illegally,” Chief Justice John G. Roberts Jr. said at one point.

The Arizona law requires all police to check with federal officials if they suspect someone is in the country illegally. The government argues that is OK when it’s on a limited basis, but said having a state mandate for all of its law enforcement is essentially a method of trying to force the federal government to change its priorities.

Arizona Gov. Jan Brewer talks to reporters in front of the Supreme Court of the United States in Washington, D.C., Wednesday, April 25, 2012, after the nation’s highest court heard arguments over Arizona’s immigration-crackdown law, known as S.B. 1070.

[john mirse]

Is it time to take matters concerning illegal immigration away from the federal government?
1. For instance, I am tired of hearing from judges and federal officials over and over that immigration is solely a federal job, while, at the same time, illegal immigrants are pouring across our borders in record numbers from all over the world non-stop.

2. For instance, states should have the power to screen persons as to their legal status when it comes to housing, jobs, elementary and high school education, welfare benefits, and voting rights.

3. If we don't do something soon, we will soon PASS THE POINT OF NO RETURN when these illegal immigrants will have so many in number and gain so much power that they will be able to pass laws that will make the borders wide open for anyone who wants to come here.

4. Again, I am so tired of hearing judges, Senators, Representatives, federal judges, and President Obama say that fighting illegal immigration is a federal government only duty, while, in the meantime, states like Arizona, Texas, and California turn more and more into illegal immigration dominated states.

5. NOTE: I have a relative in a Southern state who said this to me when I asked the relative why their small construction company hires Mexicans:

6. The relative said that they do so because the Mexicans show up every day while they never know when white workers are going to show up, especially if the weather is bad like it is raining.

7. When I asked the relative why not hire black laborers-—living in a Southern state, there is a large pool of black workers-—the relative mumbled something and did not answer the question.

I leave it up to you to figure out what the relative thinks of the work habits of black workers where he lives, if the relative is so critical of white laborers.

8. I'm sorry, but the POINT OF NO RETURN is rapidly approaching when illegal immigrants and their supporters will soon use their power to open our borders to anyone.

9. And it is not just a problem in traditional illegal immigrant states like Arizona, because as many of us know, the problem is now in non-traditional illegal immigration states like Southern states North Carolina and Georgia.

10. Sen. Rubio of Florida: What is this about his Dream Act? Has he lost his mind?

11. Such a Dream Act would send everyone across the world who is dreaming of coming to the United States this message: “If you can sneak across the border and survive for at least 5 years without breaking any major laws, your children will be granted amnesty and entitled to an American education.”

So, if you can sneak across the border and not be caught, why not try it, because if the Rubio Dream Act passes, an illegal immigrant sneaking across the border will have nothing to lose and everything to gain.

And once an illegal immigrant is legally entitled to an education all the way up to college, it would be a sad thing to send him back to his country of origin, according to the Rubio Dream Act argument, so the best thing to do would be to let him stay in the United States and let him work his way to citizenship.

And once he becomes a citizen, he can then petition the court to bring all his relatives to this country.

And the vicious circle continues over and over.

12. Rubio seems like a good leader, but if in his distorted reasoning, he believes that this Dream Act is good for America, he is completely wrong.

13. So it is time to put pressure on Sen. Rubio to drop this Dream Act, because it is wrong for the United States.

14.ARIZONA SHERIFF: He and other law enforcement officials across the country should have the power to help control illegal immigration at the state level, because it is becoming obvious more more with each passing day that the problem is too big for the federal government to handle.

15. Do we need a Constitutional amendment to give more fighting power to states like Arizona who are being overwhelmed and suffocating with illegal immigration problems, or can Congress pass laws to give more power to the states before it will be too late to do anything about it, because illegal immigrants and their supporter will have too much power so that they will be able to stop any plans to control illegal immigration in the future?

16. For instance, if the police spot a van or truck with a lot of people in it, and the police suspect something is not right, they should be able to stop the vehicle and find out what is going on and check identification papers.

17. ANCHOR BABIES: Something has got to be done about these so-called anchor babies.

18. I recently read a story where a foreign national had a baby on a plane that was coming to the United States.

19. Obviously, the woman was waiting to the last minute to travel to the United States so that she could have her baby in the United States, because how many women would dare travel out of their country in the last few months of pregnancy unless their dream was to have their children born in the land of gold, the United States of America, where their children automatically become United States citizens at birth.

20. I can't blame the woman for trying to find a better life for her and her family, but this illegal immigration is out of control, and so we must try to do something to to try stop it before it is too late.

21. One of things we can do is take away some of the federal government's power over immigration.

22. We can then give the power back to the states so that people like the ARIZONA SHERIFF-—who fight the problem close-up every day-—can help control illegal immigration at the state level.

[Liz]

WRT the Arizona law....“It seems to me the federal government just doesn’t want to know who’s here illegally,” Chief Justice John G. Roberts Jr. said at one point.”

Proving once again the founders' wisdom in dividing federal authority into three branches. The purpose was to limit federal power over the states.

"Professor Obama" is a fraud.

[mkjessup]

Imagine if Obama lost on both Obama-care and the Arizona illegal immigration invasion defense bill???
I think it's time for Obama to warn the SCOTUS (the five bad ones) again to NOT overturn any bill he signed, he says it's OK to overturn DOMA. That would be a sound legal decision.
Obama knows, he is a legal scholar.

In my wildest dreams, the following constitutes some of my highest hopes and aspirations:

June 2012 (pick a day, any day)...

Chief Justice John Roberts: "Thank you for agreeing to meet with me here in Chambers, I have a matter of great urgency to discuss with you."

Barack Hussein 0bama: "Justice Roberts, you have my undivided attention, what is this all about?"

Chief Justice John Roberts: "I, and the other Justices have just completed an 'in camera' review of the documentation which purports to represent your true birth status..."

Barack Hussein 0bama: (laughing) "Oh you have GOT to be kidding me! Don't tell me that you've fallen for that birther nonsense, have you?"

Chief Justice John Roberts: "It isn't nonsense Mr. 0bama, and you will note that I have not addressed you as 'Mr President' because quite frankly, you are NOT the 'President of the United States', you were not eligible to assume the office you are illegally occupying, and you remain ineligible to continue in that fashion."

Barack Hussein 0bama: "I've heard enough Sir, and I will not be insulted and impugned in this manner" (starts to stand up)...

Chief Justice John Roberts: "Sit your damn ass down and do it now, we're going to handle this one of two ways and if you walk out of here like this, you have selected the one way I prefer not to handle this legal issue, which is to call every media outlet and announce that you are an illegal usurper of the Office of the President, each and every action you have taken since January 20th 2009 is invalid, illegitimate and illegal, and that the Supreme Court of the United States intends to nullify the presidential election of 2008 and request that the United States Joint Chiefs of Staff form a temporary and provisional government to keep order, and for YOU to be taken into custody by United States Marshals for high treason against these United States. Don't think I'm bluffing, Mr 0bama, I have never been more serious."

Barack Hussein 0bama: (sitting down, flop sweat running down his neck, hands shaking) "Alright, what is this 'other way' you speak of?"

Chief Justice John Roberts: "You return to the White House where your Press Secretary announces tonight that due to unforeseen medical issues affecting your health, that you are invoking the 25th Amendment, the Vice President will assume the reins of Government, and you will be unavailable for questions from the media or public, and that it is requested that your privacy and that of your family be respected during this difficult time."

Barack Hussein 0bama: "I don't believe this ... "

Chief Justice John Roberts: "Oh believe it Sir, this decision is not one that we make lightly, and for your personal information, it was a decision that we made in full consultation with the Vice President, the Senate Majority Leader, and the Speaker of the House, who have sworn themselves to secrecy as long as you remain silent as well."

Barack Hussein 0bama: "This is a g*ddamned coup is what it is! You can't just overrule the will of the voters like that, the Judiciary does not override the Executive Branch ...!"

Chief Justice John Roberts: "On the contrary Mr. 0bama, this is not a coup d'etat at all, a coup is defined as the unlawful overthrow of the duly elected leadership of any government, and in consideration of the fact that you are illegally occupying your Office, there is nothing 'unlawful' about these proceedings, however you are certainly aware of the political realities at play here, and you know that there are factions within our military that would like nothing better than to see you arrested and frog marched out of the White House, incarcerated over at Ft Belvoir, and ultimately face a military tribunal to answer for your crimes. It would be ugly, to put it mildly."

Barack Hussein 0bama: "So this is it? Is that what you're saying?"

Chief Justice John Roberts: "That is exactly what I'm saying. And if you choose the second path rather than the first, you can make a semi-graceful exit from political life, you will eventually make a 'full recovery' from your undefined medical issues, you will be hailed as a fallen warrior by your political supporters, and by retaining all of the pension, benefits and accoutrements provided to former Chief Executives, you will be permitted to assume the mantle of 'elder statesman', and if the truth of this matter should ever become the stuff of media speculation, the perpetrators will be promptly labeled as liars and/or delusional, and everyone is going to keep their mouth shut. Now if you are in basic agreement with these terms, I now provide to you a Presidential Letter of Resignation that you are going to sign, confessing to your willful acts to violate the Constitution of the United States by misrepresenting yourself as being eligible to serve as President when in fact you were lawfully barred from doing so. After you affix your signature, that Letter will be going into a secure vault which requires three Justices to open, and that Letter will never see the light of day UNLESS you decide to renege on the terms of this agreement. Do we understand each other Mr. 0bama?"

Barack Hussein 0bama: "Yes, give me the damn letter."

Chief Justice John Roberts: "One moment" (presses button on desk, Justices Alito, Kennedy, Scalia and Thomas enter the Chamber of the Chief Justice)

Barack Hussein 0bama: "What the Hell is this?!?"

Chief Justice John Roberts: "This is what we call a 5-4 decision Mr. 0bama. Now you can sign that Letter and return to pack your things at the White House with your Secret Service detail, OR you can refuse and be escorted out of here by those U.S. Marshals I mentioned earlier. It's entirely up to you."

Barack Hussein 0bama: "[Unintelligble, signs Letter, pushes it back to Chief Justice]"

Chief Justice John Roberts: "Mr Vice President?"

Vice President Joe Biden: (stepping out from adjacent office area) "Yes Mr. Chief Justice?"

Chief Justice John Roberts: "Are you prepared to take the Oath of Office?"

Vice President Joe Biden: "I am."

Chief Justice John Roberts: "Repeat after me: 'I, Joseph Robinette Biden, do solemnly swear ... "

[Irish Eyes]

.....................And this morning Romney came out that he didn’t like police checking immigration status................

AuntB, where was Romney when he said that? This is the first I have heard this. Do you have a link?

[SZonian]

I saw what you did there...

And btw, so stolen, it’s going out to my email list today.

[mkjessup]

You can’t steal what I freely donate. Glad you liked it.

[Irish Eyes]

In my wildest dreams, the following constitutes some of my highest hopes and aspirations:..................................................

Fantastic dream

[SZonian]

Thank you...

Great job of writing...I was getting goosebumps.

Sigh, if only...

SZ

[Political Junkie Too]

I remember discussing this at length in 2010 when the Arizona law was first struck down.

My posts at the time with citations to Federal law specifically mentioning local enforcement of federal immigration laws.

DoJ Draft: Arizona Immigration Law Impedes Federal Authority (Get ready for USA vs Arizona)

TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part VIII > § 1324. Bringing in and harboring certain aliens

(a) Criminal penalties
(1)
(A) Any person who—
(i) knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien;
(ii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law;
(iii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation;
(iv) encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; or
(v)
(I) engages in any conspiracy to commit any of the preceding acts, or
(II) aids or abets the commission of any of the preceding acts,
shall be punished as provided in subparagraph (B).

Can 1324(a)(1)(A)(ii) "Any person who -- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law" be applied to a local police officer who conducts a traffic stop and finds a driver of a car (who may be an illegal) who has other people in the car as passengers (who are illegal) under the "transports" clause?

In other words, could Arizona police officers (under the definition of "any person who" be held in violation of this law by not detaining someone they suspect to be in violation of the above clause?

(c) Authority to arrest

No officer or person shall have authority to make any arrests for a violation of any provision of this section except officers and employees of the Service designated by the Attorney General, either individually or as a member of a class, and all other officers whose duty it is to enforce criminal laws.

Does "all other officers whose duty it is to enforce criminal laws" refer to state and local police officers?

Back to 1226...

(3) Upon the request of the governor or chief executive officer of any State, the Service shall provide assistance to State courts in the identification of aliens unlawfully present in the United States pending criminal prosecution.

The governor has the power to request the federal government to assist in the determination of immigration status of detained suspects.

So, Federal law allows for Arizona police to detain suspected illegal aliens pending ICE review.

The Governor can request federal support in determining the status of detainees.

Judge Blocks Parts Of Arizona Immigration Law

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

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

Prev | Next

§ 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

[Pan_Yans Wife]

Since he is known for “doubling down” on every one of his attacks, I fully expect him to threaten the SCOTUS again.

[AuntB]

“...And this morning Romney came out that he didn’t like police checking immigration status................

AuntB, where was Romney when he said that? This is the first I have heard this. Do you have a link? “

Oh man! I got caught without a link! 30 lashes?? Real early this am, on CBS TV news. I’ll look and see if I can find something. It was short [the police shouldn’t be asking immigration status]...

I did see where there was a big poll result yesterday of the ‘latino’ vote not liking him supporting the AZ law, so maybe he wanted to pander a bit today.

Here’s a bit:

“Romney’s campaign says his claim during a primary debate that the Arizona law was a “model” for the nation referred only to the electronic verification of immigration status. “

http://www.washingtonpost.com/opinions/romney-wont-be-able-to-shake-immigration-debate/2012/04/24/gIQAWTrTfT_story.html

[AuntB]

” Proving once again the founders’ wisdom in dividing federal authority into three branches. The purpose was to limit federal power over the states”

It’s a beautiful thing to see it in action, isn’t it?

“Professor Obama” is a fraud. “

Yes, yes indeed he is.

[nonsporting]

If Obama is not qualified to hold the office, then this invalids the entire ticket. Biden is not legitimately elected.

President Johh Bohner?

[SaraJohnson]

Liberals are not hard to undo. They can’t be honest and up front about their dark motivations. Reality is hidden behind silly emotional slogans designed to sell the hidden monster to the public.

The problem conservatives have suffered is that no one in GOPe power lays out what they are up to and lays out the end game. That does not happen in court.

[Irish Eyes]

Here’s a bit:

“Romney’s campaign says his claim during a primary debate that the Arizona law was a “model” for the nation referred only to the electronic verification of immigration status. “

Oh oh that sounds a bit wimpy.

Thanks for the link..I like Russell Pearce. This article was quite a slam on him but I have to consider the source. A column by Dana Milbank in the WP no less.

[sickoflibs]

RE :”In my wildest dreams, the following constitutes some of my highest hopes and aspirations:”

OK, ever have a great DREAM and then you wake up and try to get back to sleep fast so you can continue it and then the bad one nails you??

Here is the followup bad dream:

Obama loses the election but Justice Kennedy has a heart attack at the end of November so then Obama claims that to save the country he will recess appointment himself to that lifetime position and will be deemed resigned by doing it.

The Republicans challenge it in the courts and it reaches the SCOTUS and they rule it was FULLY constitutional 5-4 with Obama making the deciding vote,

Sorry, I couldn't resist. You know he is too principled to try something sleezy like that... well isn't he??? Stop looking at me that way...

:)

[stephenjohnbanker]

” The Republicans challenge it in the courts”

LOL....they don’t do anything but collect a paycheck : )

[stephenjohnbanker]

LOLOLOL!!!!

[stephenjohnbanker]

“You talkin to me? “

: )

[WashingtonSource]

Joseph ROBINETTE Biden. Is that his real middle name?

I love this imaginary dialogue — if only it were real!