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  • Arizona's Immigration Law Gets to the Supremes

    In a decision that should cheer those who believe in the rule of law and want to see our federal immigration laws enforced (despite all of the efforts of the Obama Administration to prevent that from happening), the Supreme Court today accepted Arizona’s petition for certiorari in the lawsuit filed against the state’s immigration law by the Justice Department. That means that the Supreme Court will make the final decision on whether Arizona’s law (SB 1070) is constitutional.

    SB 1070, which has served as a model for other states such as Alabama and South Carolina, has a number of provisions that attempt to help the federal government enforce immigration requirements. The most controversial, at least from the standpoint of the Obama Administration, is a provision that requires police officers to check on the immigration status of individuals they have arrested or detained for some other violation, if the officers have a reasonable suspicion the individuals are in the country illegally. Race and ethnicity cannot be a consideration in that determination.

    In a badly reasoned decision, a federal judge in Arizona issued an injunction against that requirement. The judge essentially ignored a provision of federal law that specifically requires the federal government to respond to all inquiries from federal, state, or local officials about the immigration status of any individual and the fact that Congress funds a “Law Enforcement Support Center” administered by the Department of Homeland Security to provide alien status determinations to state and local law enforcement officials 24 hours a day, 7 days a week. There is even another provision in federal law that encourages states “to cooperate with the Attorney General in the identification, apprehension, detention, or removal of aliens not lawfully present in the United States.”

    That dubious injunction was upheld by a three-judge panel of the Ninth Circuit Court of Appeals, the most widely overturned appeals court in the nation. Carlos Bea, the dissenting judge in the Ninth Circuit’s decision, pointed out the numerous fallacies and mistakes made by the court. As he emphasized, “Congress has provided important roles for state and local officials to play in the enforcement of federal immigration law.” In a completely contrary opinion, the Eleventh Circuit Court of Appeals recently upheld an identical provision in Alabama’s immigration law that also requires police officers to check the immigration status of individuals they arrest.

    The Office of the Solicitor General at the Justice Department, which represents the United States before the Supreme Court, must be looking forward to this review of Arizona’s new law by the Supreme Court with some trepidation. Just last term, the SG lost another fight against Arizona when the Supreme Court upheld a prior Arizona immigration law. That law forces Arizona employers to use the E-Verify system and sanctions employers with the possible loss or suspension of their business licenses if they knowingly and intentionally hire illegal aliens. The Supreme Court upheld the law as constitutional and well within the authority of state governments, to the consternation of the Obama Administration.

    Given that Congress actually requires the federal government to assist state and local law enforcement officials in verifying the immigration status of arrested individuals, it seems highly likely that when the Supreme Court issues its decision in this case by the end of its term in June 2012, the Obama Administration will have a bad feeling of déjà vu when it loses again.

    Posted in Featured [slideshow_deploy]

    11 Responses to Arizona's Immigration Law Gets to the Supremes

    1. Brittanicus says:

      NEWT GINGRICH IS NOT A TEA PARTY LEADER, AS HIS PLATFORM CONTAINS A ISSUE OF GIVING ILLEGAL ALIENS A ‘PATH TO CITIZENSHIP.”

      Most readers do not want to spend their precious time in the coverage of the illegal alien invaders, when their occupied with family affairs or looking for a job. But the audience interested in the complicated matter of Immigration, can read the all the facts, costs at such pro-sovereignty websites as NumbersUSA, The Heritage Foundation, American Patrol and the Federation of American Immigration Reform. This is only a drop in the bucket of thousands of sites that demand immigration enforcement compliance. There are hundreds of billions of dollars that the U.S. Government and states are forced by liberal courts in pandering to majority ethnic groups. That they demonstrate in city streets demanding the same rights as citizens and legal residents. They come from every corner of the world, or passing through our borders every day and this must–STOP? The chief motivation is we cannot afford foreign nationals slipping into America, bringing their poverty and adding to this countries own homeless, sick and impoverished.

      They are skewering the safety net for our elderly, single mothers and veterans. They must go home and straighten out their own corrupt nation’s political indignation. America is not the place of opportunity anymore as it's been fleeced by our own policy makers, China, Mexico, India and other cheap labor countries. Our wealth is being washed away by unparalleled greed, corruption and the major influence of bankers and Wall Street. We cannot even get the Obama administration to approve the 'Keystone' oil pipeline, which will make us less reliant on Middle Eastern dictatorships that hate us. We have oil deposits in abundance that could power America for another hundred years, but the environmentalists have put a halt to that. My thoughts on Immigration law, that if there was any aspiration by our Maverick administrations to halt illegal immigration, they would have complied with the 2006 Secure Fence Act and enacted illegal entry as a FELONY? Instead we have years of disrespect for what the majority of Americans wanted and that is strict immigration laws, with no exceptions.

      Millions of us can still make a difference, by contacting the do-nothings in Washington, before the Presidential election of 2012. Join the TEA PARTY and read their referendum for America’s future. Start calling your members of Congress and insist you want them to co-sponsor the Rep. Lamar Smith (R-TX) MANDATE of the Legal Workforce Act’, H.R. 2885. A need for a 100 co-sponsors has now been whittled from 100 down to 32, and then the bill can be read on the House floor, to get E-Verify now or in the next session of Congress. So far just one Democrat with a spine and thinking of working Americans have put his House seat on the line, by sponsoring this enforcement law. Call 202-224-3121 and giving your name, address to the political aid, which will bring it to the attention of your legislator. Also ask your politician to sponsor to press for H.R.140, titled the Birthright Citizenship Act of 2011, which was introduced on Jan 5. 2011, by Rep. Steve King a Republican from Iowa; as of last month, the bill had 80 co-sponsors.

      There will never be any kind of blanket amnesty, that’s the revelation of the TEA PARTY.

    2. Brittanicus says:

      Instead of the Department of Justice threatening the sovereignty of Arizona, Alabama, Georgia, South Carolina, Indiana and very likely soon North Carolina,, why doesn’t the DOJ chase down the instigators of the growing financial impact of Sanctuary states as California and Nevada. They have taxpayer’s money to outlay on ‘The Fast and Furious’ gun walking fiasco and getting a US border Patrol agent murdered. We need the border sealed, to halt the Middle Easterners disguised as Mexicans entering through the massive open regions of fencing. That is a National Security issue, which will eventually lead to a massacre of innocent victims. Instead of taking States to court for its policing laws; the Administration should occupy itself, with enforcing the laws already on the books. Subsequently, the original architect of anti-illegal immigration laws of Arizona as its policing laws is to be heard by the Supreme Court. Whether or not sovereignty states has a right to enact its own laws, when the federal government admits dismal failure to protect American citizens from invasion. That Obama’s judiciary stating that a shortage of dollars makes it impossible to secure the border tight. This is an absolute ridiculous, when they are pandering to foreigners with $113 Billion dollars annually in financial support.

      With no conclusion in sight of the illegal alien occupation, a growing number of politicians namely Republican who symbolize the TEA PARTY membership are co-sponsoring the 'Legal Workforce Act.' It will rigorously apply an enforcement law, circumvented by decades of premeditated abuse by Washington. E-Verify has materialized as a champion and has been vigorously certified by thousands of trustworthy businesses. E-Verify has been a voluntary policy up to now, by companies large and small who have shown a patriotic outlook in a exceptionally divided society. Businesses are keen to display their loyalty with the USCIS U.S. Citizenship and Immigration Services sign, as a mark of deference that they are not hiring unauthorized labor. But of course there is the other side of the blemished coin, of entities defiant to applying any law, which cuts across their enormous profits. Illegal workers can be exploited by threatening them with deportation and other insidious actions from ugly company owners. This is especially widespread amongst Contractors and sub-contractors such as in the building trades.

      E-Verify on the other hand is being revised on a continuous basis and a day of reckoning in coming for all corporations and businesses. For every business that doesn't agree with (ICE) Immigration & Custom Enforcement the majority of the general population want full compliance. This is why we must insist that Congress enacts H.R. 2885, a mandatory E-Verify with no loopholes, which criminal businesses can wriggle through. Both parties have done this since the 1986, so that illegal workers could be hired, as Democrats and ‘establishment’ Republicans could do the favored bidding for the special interest groups.

      Even now we see this with the clever manipulation of the people polls, which indicates the key population is in agreement with as a path to citizenship; as suggested by Former Speaker Gingrich. The polls don't give voters the alternative of ‘Attrition through Enforcement’. Instead, they achieve through this engineering of the voters, to basically choose between mass deportations or mass legalization. IT’S A STREAMLINED LIE, PUSHED BY THE LIBERAL MEDIA AND THE SO-CALLED PROGRESSIVE MOVEMENT.THEY HAVE ALREADY ACCOMPLISHED THIS, THROUGH THEIR RADICAL ‘POLITICAL CORRECTNESS’ AGENDA. In the case of a National Journal poll just released, voters were given a third choice of half-mass deportations and half-mass legalization (which is essentially the Gingrich Amnesty). Instead, they make voters fundamentally choose between mass deportations or mass legalization.

      But nowhere do voters hear that there is “ATTRITION THROUGH ENFORCEMENT” such as the E-Verify option that doesn't involve mass deportations or mass legalization. It costs nothing to enforce as access to E-Verify is free and simple verification on the computer. What Attrition does do is: Quickly (over a couple of years) moves illegal aliens out of their payroll jobs. Quickly takes away taxpayer-provided benefits and thereby causes a volume EXODUS. Gradually over perhaps 10 year period, will cause illegal aliens to leave, reliving the major disruption in the job marketplace, specifically for low income labor. The Tens of Millions in the TEA PARTY members are not liable to fall for this clever fiasco.

    3. Jimmie Towle says:

      Again, it comes down to Obama looking to get re-elected vs following the law. Be not deporting most illigal aliens Obama is counting on their support at the polls. Being re-elected is his main goal, more so than doing the right thing. Actions like this seem to be his stance more and more.

    4. Dick says:

      Not to mention the Obama administration joining a suit by Mexico against the AZ law. Blatantly political again.

    5. Leon Lundquist says:

      Newt is taking away the high ground from the Liberal bleeding hearts. If the Illegal Alien has been here twenty five years, just as an actor in the Economy they have paid their way sufficient to be here as a matter of fairness. The crazy Anchor Baby policy has made these mixed families, so the rights of their Citizen Relatives is a factor, to not have your loved ones thrown out of the Country for no reason. Look! Guys! It has always been the Republicans who actually did things for the Mexican Americans, but we are letting pants-on-fire Democrats get the credit! Blacks should be supporting Republicans if actually helping their interests was a factor. Ease up on the Amnesty talk, after twenty five years it is just compassion. Republicans tried Amnesty, it didn't work. But Newt is right, let's not be cruel to our neighbors. Then, throw every one of the criminals out! Pronto!

    6. Oldguy1776 says:

      We go round and round! The border is still not sealed and businesses still hire illegals and we still re-elect politicians who trash the Constitution.

      The President has gone as far as saying if Congress doesn't do as he wants he will go around them. He has already demonstrated that he can do it and get away with it… Libya… the oil drilling moratoriam… 'Fast and Furious' even the eligibility issue… EPA regulations, it goes on and on!

      The voters have got to clean house or the house will fall!

    7. jer mynor says:

      I AM HOPING THE SUPREMES WISE UP BEFORE A NEW PRES. AND CONGRESS "UNDO" THEIR LIFETIME TENURE TO THE COURT….( BAD DECISIONS LEAVE BAD TASTES IN WE, THE PEOPLE'S MOUTHS AND WE WILL DO SOMETHING ABOUT IT ) THEY MIGHT WANT TO REMEMBER THIS

    8. Carl NElson says:

      WHEN And IF,,, AMERICA Ever Stops ILLEGALS From Being ALLOWED To Vote In Major Elections;; Without I.D. Proving They are Illegal,,, Not American citizens,, Voting For President —- Senate — Congress,, et,al, AMERICA Will Again Have A Future And honest ELECTIONS, My Taxes May Go Down When And IF America STOPS Automatically Allowing Teen Age Girls To Have a Child A Day After Arrival In The U.S.A.,,,,, Illegally,ie.{ BREAKING THE LAW } Jumping the Fence, Said Child In Question Automatically Becomes An America CITIZEN,, { With Same Rights As I have, As A Hard Working American Tax Payer,, THIA MAY NOT BE POLITICALLY CORRECT<>><<>However After Saying This,, The Truth Is {THE TRUTH } GOD BLESS,, Author Carl Nelson, Senior citizen TAXPAYER,

    9. Guest says:

      This president and his attorney general have slammed the door on Arizona's ability to defend its citizens, their private property, and this nation's sovereign borders. The worst part of this is President Obama and Attorney General Holder have denied Arizona citizens the basic right to protect their lives and property, and they (Obama, Holder, et al) refuse to assume their moral and legal duty to enforce those very laws they said belong only to the federal government. Gentlemen, every death brought about by your action against the citizens of Arizona is blood on your hands that never will wash off. The bottom line is that American citizens and their property are placed in harm's way, not to mention the fact that U.S. territory is wide open to defacto invasion. Putting it bluntly, gentlemen, you have (morally — which I don't believe you give a rat's tail about) given tools to the bad guys to attack us

    10. Doug says:

      Doug H posted the comment regarding moral and legal obligation of President Obama and Attorney General Holder. This is my first comment on the site.

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