Posted by: ST on July 28, 2010 at 6:34 pm
Sorry – been a crazy day, so in the interest of time, I’ll direct you to Bill Jacobon’s analysis at Legal Insurrection on the ruling that was handed down earlier today on the Arizona immigration law. The key aka “most controversial” provisions of the law have, in effect, been put on hold while the Obama administration proceeds with its lawsuit against the state.
Bill opines opines:
The inability of a state to implement a policy of checking the immigration status even of people already under arrest for some other crime is remarkable.
While I cannot blame the Judge for striking some provisions of S.B. 1070 (particularly those creating independent criminal sanctions), the ruling as to checking the status of people already under arrest is mind-numbing.
As a reader to my prior post points out, states already routinely run searches for a variety of statuses, including outstanding warrants, child support orders, and non-immigration identity checks. Each of these checks potentially could delay release of an innocent person or burden some federal agency.
The Judge’s reasoning, particularly that the status check provision violated the 4th Amendment even as to persons already under arrest, applies just as easily to these other status checks.
With a federal government which refuses to take action at the border until there is a deal on “comprehensive” immigration reform, meaning rewarding lawbreakers with a path to citizenship, this decision will insure a sense of anarchy. The law breakers have been emboldened today, for sure.
As it stands this afternoon, it is perfectly rational for someone faced with the choice of obeying the immigration laws or not, to choose not to do so. The choice of lawlessness makes a lot more sense than spending years winding through the byzantine legal immigration system, because the end result will be the same but lawlessness gets you here more quickly.
When the law and the federal government reward lawlessness, something is very wrong.
Of course, this is only a temporary set back as the full case has yet to be heard by the courts. That’s the good news. That said, Bill brings some good points. What about the other states who have similar laws on their books already, or who are exploring the possibility of putting one on the books? Can the ones with similar laws on the books expect a lawsuit, also, from the shameless political panderers and race-baiters in the Obama DOJ? And as far as the ones go who are looking into enacting similar legislation in their respective states, will this ruling have a chilling effect on those states in terms of putting them in the position of having to reconsider?
Gloomy, baby, gloomy. But not over.
Even if the Supreme Court eventually rules in favor of Arizona (which could be years or even decades away), the Federal government will still be able to block enforcement by simply ignoring immigration laws.
I did not support the Arizona law, but not because it was “racist” (that word is now a substitute for “enemy of the state”). I considered the whole thing a waste of time. IMO the whole issue was entirely moot because of the outright criminal behavior of both the Bush and Obama administrations in actively blocking enforcement. No matter what state laws are passed, the Feds will always block them. The Arizona law was nothing but a political mirage.
ST knows I am a glass-is-only-99%-full type of guy. But I think I am right on this.
As for those who think that Obama and the open-borders wackos can be made to pay a price, the reality is this: on January 20, 2009 America ceased to be a republic governed by a Constitution. As today’s ruling made clear (which was not based upon any law whatsoever) the tyrants who now run things will simply do as they please. The US elected its very own version of Robert Mugabe, and now must live with the horror that is to come. The Obama Regime will not allow Democrats to lose power – period.
While it would be nice to think that a judge that was appointed by Clinton would use the brain she was given by God, we really shouldn’t be surprised that she adhered to politics instead.
Her argument is extremely weak, and it is based on the defacto amnesty that the Obama regime has put in place (which is not law).
If ever there was an illustration of how important judge selection is so important, on just about every level, this is it. I wouldn’t be shocked to learn she got a call from her buddy Clinton prior to this decision. One thing the left are very good at is circling the wagons and standing in lock step even when (heck, especially when) they are in the wrong.
“Even if the Supreme Court eventually rules in favor of Arizona (which could be years or even decades away), the Federal government will still be able to block enforcement by simply ignoring immigration laws.”
No, it won’t, because a lot of American citizens will ultimately decide to enforce immigration laws in their own unique ways. I’ll leave the specifics of those ways to your imagination and speculation.
The part that Bolton left out was, “The federal government is entitled to enforce federal law. People responsible for enforcement of those laws have taken an oath to uphold the Constitution and the provisions therein. Now go enforce the laws, Mr. Obama.”
And if I were Ms. Brewer, I would instruct every state worker (cop or otherwise) to ignore any calls from any federal agency. If they want sole jurisdiction for their laws, they shouldn’t get real picky about which ones they chose to enforce.
Until the feds start paying for all the crap they put off on states, let them do their own legwork and enforcement. Of any of their laws.
Kidnapping is a federal offense. A town cop can arrest a kidnapper for kidnapping, but can’t arrest an illegal alien for being here illegaly??
Mwalimu Daudi, my greatest fear is that you are right and American’s on the conservative side do not have the stomach for revolt.
Oh, BTW, if AZ did as I suggested above, where would the feds put their prisoners awaiting trial? The local jails could rightfully be reserved for local crimes only, not fed crimes.
Rhode Island has been aggressively (and proudly) arresting and deporting illegal aliens (local law enforcement in RI is permitted to ask for proof of citizenship) for several years now.
However, Rhode Island is a “blue” state. Arizona is “red.” End of story.