Thursday, May 27, 2010

DOJ 2002 memo: Fed Law does not Preempt Local & State Immigration Enforcement

(1)States have inherent power (subject to federal preemption) to make arrests for violation of federal law.
(2)Because it is ordinarily unreasonable to assume that Congress intended to deprive the federal government of whatever assistance States may provide in identifying and detaining those who have violated federal law, federal statues should be presumed not to preempt this arrest authority. This Office’s [of Legal Counsel] 1996 advice that federal law precludes state police from arresting aliens on the basis of civil deportability was mistaken.
(3) Section 1252c does not preempt state authority to arrest for federal violations.

snip: Sec. 1252c. Authorizing State and local law enforcement officials
to arrest and detain certain illegal aliens - 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.

Apparently Eric Holder hasn't read the Department of Justice's own findings either.

My Memo:
Why are the Obama people saying Arizona has no authority to do the Feds job when there is clear policy giving Arizona the inherent power to do so?
Why has this Obama Administration used this US security, economic, and safety issue as a potential "racist" issue?
Why have these race-baiting-agitators not read the Bill they condemn?
Why have the federal laws not been changed if enforcing immigration law is 'racist'?
Why has behavioral word modification successfully nudged ‘illegal’ to be, or not to be, ‘undocumented‘?
Why is Arizona's law "Unconstitutional" per the Obama maybe crowd when racial profiling is prohibited in it, and violation of Fed Law is not being preempted?
Why isn’t California’s OWN Immigration Law (PENAL CODE SECTION 833-851.90 834b ) ‘potentially’, discriminatory?
Why won't the Federal Government do their job to secure the borders and cooperate?
Why doesn't the Fed want local and State assistance in doing their job?
Why do people who don't know their jobs, nor do their jobs, still have their jobs?
Why don't we just open the borders since there doesn't seem to be a logical PC way to identify people who have crossed illegally?
Why have we communicated to 'radical terrorists' we are not sending troops so come on in?
Why are illegals now immigrants and no longer aliens?
Why are batteries of leftist lawyers working night n day to find some way to take away States Sovereignty and find in favor of America law breakers?
Why are the Fed's so intent on protecting lawbreakers while condemning law makers trying to protect their citizens?
Why are public political unilateral entities allowed to enact purposeful, Hurtful, economic sanctions against Arizona and it's private citizens?

the Why -
WHYs of the lefts War on America
... gottah wonder when Obama will have the DOJ redefine this destructive invasive security issue as the overtheborder contingency operation.


Post a Comment