Is the 9th Circuit a state or federal court? Was Prop 187 invalidated by a state or federal court. Is the Border Control a state or federal agency? Is the INS a state or federal agency? Is Joshua Tree a state or federal park?
The 9th is a federal appeals court is used by the liberals from all 50 states to overshadow the braking of laws. They have done it many times and will continue. They are located in San Francisco. And what they turned over was not the transporting of illegals, it was littering. So I would think it is obvious they are just getting ink.
The actual charge of transporting had a deal made that assists “No More Deaths” in the understanding they didn’t do it right and broke the law. But a deal was made in Tuscon and No More Deaths has not done this since.
As for Prop 187, California repealed the unenforceable sections of Proposition 187 in 2014. In September 2014, California passed a bill, SB 396, that removes those sections from California’s education, health and safety, and welfare codes, as a symbolic act after the repeal of Prop.187. It was done by the voters of California. The feds had nothing to do with it. And ultra liberal Gov. Gray Davis put a halt to the numerous lawsuits concerning 187 to let the bills take control.
Border control made the arrest. But, like I mentioned, deals are made all over and trying to enforce the transporting without some sort of controllable entry point is impossible. So the “deal” was made.
The INS (Immigration and Naturalization Service) administered federal immigration laws and regulations including the Immigration and Nationality Act (Title 8, United States Code). Its officers inspected foreigners arriving at an official Port of Entry (POE), detecting and deterring illegal entry between the ports (with assistance of the Border Patrol, a component of the INS) and by sea, and conducting investigations of criminal and administrative violations of the Act. The INS also adjudicated applications for permanent residency (”green cards”), change of status, naturalization (the process by which an alien [foreign-born person] becomes a citizen), and similar matters. I somehow don’t think they would smuggle illegals in at the entry ports and there are thousands of miles of possible illegal entry places between the Pacific and Atlantic Oceans.
Congressional Policy:
In considering law enforcement within the context of the services overall mission, Congress in 1976 provided the following policy guidance on use of the NPS law enforcement policy:
The committee intends that on the clear and specific enforcement authority contained in this subsection, while necessary for the protection of the federal employees so involved, will be implemented by the Secretary to insure the law enforcement activities in our national parks will continue to be viewed as one function of a broad program of visitor and resource protection. (House report # 94-1569, September 16, 1976.
This policy does not contain the policing of illegal aliens in the park and even stresses visitor protection over policing actions unless it is a danger to the visitors, employees or resources of the parks. I was in Yellowstone a couple of months ago and a majority of their staff were interns at every level. The parks don’t do that work.
There is a lot of finger point places, but without the resources of California and it’s sanctuary cities along with the protection of illegals they refuse to turn in like a number of southern states, how do you catch them? Easy, you get lucky some times. Or you stop looking like California for other purposes than the law.
rwood