June 26, 2012

Obama vs Arizona

By Rob Janicki
In a fit of pique, the Obama administration has decided to show those states with laws similar to Arizona's SB 1070 law on immigration, that there is a price to pay for going up against Obama.  Without getting into the weeds on Monday's decision by the U.S. Supreme Court on Arizona SB 1070, there is one thing that is certain.  Obama has now played the retribution card.  Obama has now determined to punish Arizona and, as a warning, any other state that may have an immigration law similar to Arizona's SB 1070. 

[...]  States seeking to take immigration enforcement into their own hands are facing an uphill climb, after the Supreme Court reined in Arizona's disputed law and the Obama administration followed by rescinding a key partnership allowing local police to enforce federal immigration rules. 

By Monday afternoon, the Department of Homeland Security had pulled back on a program known as 287(g), which allows the feds to deputize local officials to make immigration-based arrests. According to a DHS official, the administration has determined those agreements are "not useful" now in states that have Arizona-style laws. Immigration and Customs Enforcement has since rescinded that agreement with Arizona -- with the state itself, and three local law enforcement agencies. 

The move means that even if local police step up immigration checks, they'll have to rely on federal officials to make the arrests. [...]


What does all of this mean?  It means that states that arrest an individual for a state crime, may not get the full cooperation of the federal government agencies in determining if the federal government is interested in pursuing deportation proceedings on those individuals that the state believes to be an illegal alien. 

The states can always follow through on any state law infractions, but they may not be able to ultimately turn these individuals over to the appropriate federal agency for possible deportation as illegal aliens.  The states will then have no choice but to release those individuals back into the state population, who may be illegal aliens, once the conditions of the state law have been satisfied. 

In other words if someone is arrested for speeding in Arizona and the arresting officer has a reasonable belief the individual is an illegal alien, the officer may ticket the individual for speeding and possibly not having a license or insurance, which are typical of illegal aliens, but that would be extent of what the officer could do.  The federal government may or may not be interested in following up to determine if the individual is a dangerous illegal alien.  And that's where Obama has decided to exercise his  retribution on Arizona and any other state that would dare assert its sovereignty over its borders.

Justice Scalia raised the point that if a sovereign state could no longer protect its borders, it would no longer be a sovereign state.  Obama's action is an obvious encroachment on state sovereignty and is an affront to our constitutional republic and the rule of law.  Obama has once again placed himself above the law.

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