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It’s time to play “What’s Wrong With This Picture” 07/08/2010

Posted by Hotonis in Uncategorized.
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The Department of Justice has decided to challenge the legality of Arizona’s bill, and I want you to know at least a few things wrong with this picture.

  1. The very first thing on the legal challenge reads “In this action, the United States seeks to declare invalid and preliminarily and permanently enjoin the enforcement of S.B. 1070, as amended and enacted by the State of Arizona, because S.B. 1070 is preempted by federal law and therefore violates the Supremacy Clause of the United States Constitution.”
    1. According to the Tenth amendment to the United States Constitution, any power not given to the federal government through the constitution, is reserved to the states respectively. The Constitution as it stands, does not give the government authority to force a state to allow illegal immigrants to reside in its own state respectively
    2. The Supremacy Clause is about the Federal Government being able to make treaties with foreign countries and requiring the recognition of these treaties in all states within the union. There is no treaty that requires a state to allow illegal immigrants to stay within its own state, so this point is null.
  2. The second point in the challenge starts by reading “In our constitutional system, the federal government has preeminent authority to regulate immigration matters. This authority derives from the United States Constitution and numerous acts of Congress.”
    1. This is incorrect; however, in United States Code Title 8,1227, there is a list of deportable offences. These include criminal offences, entering the country under false pretences, and falsifying documents. According to the Act to Establish the Department of Justice, they are required to ensure that states enforce federal law.
  3. When reading more into the second the phrase “Although states may exercise their police power in a manner that has an incidental or indirect effect on aliens, a state may not establish its own immigration policy or enforce state laws in a manner that interferes with the federal immigration laws.”
    1. S.B. 1070 starts by stating “The legislature finds that there is a compelling interest in the cooperative enforcement of federal immigration laws throughout all of Arizona. ” The bill states from the very beginning that it is not creating a new law, but creating a way to enforce the laws that are already in place.
    2. Also S.B. 1070 refers to “cooperative enforcement.” This could be referring to enactments from the department of homeland security that can be found here. Within this fact sheet it talks about cooperation with state and local authorities to enforce federal immigration laws. S.B. 1070 is attempting to work with the DHS not work against it.



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