Arizona Law challenged by Federal Suit

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   Doug Hughesposted 14 years ago

   From CNN -
   
   Washington (CNN) -- The Justice Department on Tuesday weighed in on one of the most explosive issues in American politics, filing a lawsuit to overturn a tough new Arizona immigration law that has sharply divided people along partisan, ideological and ethnic lines.
   
   It also asked the federal courts to grant an injunction to stop enforcement of the measure before it takes effect late this month.
   
   Arizona's law requires immigrants to carry their alien registration documents at all times and allows police to question the residency status of people in the course of enforcing another law. It also targets businesses that hire illegal immigrant laborers or knowingly transport them.
   
   Justice Department lawyers argued that the state statute should be declared invalid because it has improperly preempted federal law.
   
   "In our constitutional system, the power to regulate immigration is exclusively vested in the federal government," the brief said. "The immigration framework set forth by Congress and administered by federal agencies reflects a careful and considered balance of national law enforcement, foreign relations, and humanitarian concerns -- concerns that belong to the nation as a whole, not a single state."

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   MikeNVposted 14 years ago

   So Obama should selectively decide what laws should or should not be enforced.
   
   Your daughter gets raped... but Obama decides that it wasn't a really bad rapist... jeez maybe the guy wore a condom and dropped her off a block from her house afterwards... then he shouldn't be arrested.
   
   That's their argument.
   
   Only enforce the law as he sees fit, as if laws can be bent and twisted to his own agenda.
   
   "But the key difference is this: Arizona wants every illegal immigrant caught and deported. The federal government says treating all 11 million of the nation's illegal immigrants as criminals would overwhelm the system."
   
   So in Team Obamas view ILLEGAL doesn't equal CRIMINAL unless he says so.
   
   Why have any laws?  Why not drive 125 on the freeway?  When you get pulled over just say... Boy I'm just overwhelmed... I'm not really a bad guy, therefore I'm not really breaking the law.
   
   What other laws is Obama against enforcing?  Maybe it's okay to beat your wife... but only if it's not a real throw down send them to the Hospital Kind of beating?  Maybe it's okay to shoplift... afterall nobody really gets hurt using Obama logic.
   
   Obama is fighting the people of Arizona who are Fed up with 40 years of Federal Government FAILURE.
   
   But Obama offers no solution.  He just thinks it's okay to be in the country Illegally... and probably because he isn't a Legal Citizen Himself.
   
   SIGN IN WHITE HOUSE BATHROOM:  Please wash hands after taking an Obama

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      Strophiosposted 14 years agoin reply to this

      This is ridiculous and you know it, a truly egregious instance of the straw man fallacy (also, the use of a false premise: see the following). See, even if I cede to you that "in Team Obamas view ILLEGAL doesn't equal CRIMINAL," the rest of your argument still doesn't stand, because illegal immigration and domestic violence, to take your example, are two entirely different kinds of crime, and thus the fact that he may view one of them as "ILLEGAL" but not "CRIMINAL" has absolutely no bearing on whether he will enforce laws against other kinds of crime, or even enforce other kinds of law.
      
      That was all, of course, ceding that original point, which there is no need to do. And, even still ceding that "in Team Obamas view ILLEGAL doesn't equal CRIMINAL" (or something similar), I need not allow that that is a bad thing.
      
      So yeah, even giving you the central assumption of your argument (that Obama himself identifies some difference between illegal and criminal which affects the enforcement of laws), your argument still is completely invalid. Feel free to come back with something which is at least internally logically (and if you take the trouble to prove your assumptions, that'd be nice too).

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   Jim Hunterposted 14 years ago

   I think it should be looked at this way.
   
   The Feds say that illegal immigrants fall under their purview of enforcement, so Arizona should not enforce federal laws? they should ignore all edicts coming from Washington D.C. from now on?

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      Strophiosposted 14 years agoin reply to this

      That's not what the federal brief is saying, not even faintly. The federal brief, rather, is saying that the regulation of immigration is a federal matter and thus states cannot make laws regarding it. They are, of course, still expected and obligated to enforce federal laws insofar as any state is required to. But that is all they are to do, discharge their responsibilities as part of a federation and not abrogate to themselves federal power.

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   tony0724posted 14 years ago

   The DOJ may have to start preparing for Utah, So.Carolina and Oklaoma too. They intend to make similar laws.

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      Sab Ohposted 14 years agoin reply to this

      Or instead maybe the feds could start doing their damn job and secure the borders as they are obligated to!

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         tony0724posted 14 years agoin reply to this

         Agreed !

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      livelongerposted 14 years agoin reply to this

      A good thing, too. These very wealthy states are flooded with illegal immigrants.

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   Cagsilposted 14 years ago

   State's Rights Wins. The State has the right to do what they want within their own borders, federal government is not to be sole dictator.

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      Doug Hughesposted 14 years agoin reply to this

      The Arizona law trys to make NEW policy regarding carying documents and  doing deportations. The border between Arizona and Mexico is a FEDERAL  border and each state is NOT going ot make their own rules.

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   Studio Eposted 14 years ago

   Support Arizona and as for those unrulely democrats I say off with their heads, let them eat cake. ( oh, wrong country ) shoot to kill hahahaha

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   JON EWALLposted 14 years ago

   HUBBERS
   When the 1986 law was passed by both houses, it passed by a voice vote. Not one member requested a registered vote as should have happened. Many of those that were in the house, today are in the senate.
   Without a registered vote anyone of those voting can deny they voted for the bill.
   That's how Washington works when an issue is hot and fraudulent
   The immigration laws state that the president and attorney general are responsible to enforce the laws of the US.
   The people are calling upon  President Obama to enforce the law. Apparently President Obama knows better. Congress’s silence is deafening, surely congress believes in the law.
   We have elected a radical and incompetent group of politicians who are blind, political mind dead and unconcerning to what the people want in their government
   Wake up America, sound out before America goes the way of Greece
   
   The Federal Immigration laws have not been enforced by the Federal
   Government to the fullest extent of the law going back many years.
   The practice of catch and release has not worked or stopped the flow
   of unauthorized aliens ( the term used in the AZ SB 1070 law }
   coming across the border. Requests by Arizona Governor Brewer, Senators
   Mc Cain and Kyl to put the national guard on the border have been ignored
   by  the White House , Homeland Security Director Napolitano or Attorney
   General Holder. The federal Immigration Law is clear, refusal to act  is a
   clear violation of the law.
   Immigration Law
   ARTICLE IV, Section 4 of the U.S. CONSTITUTION
   The United States shall guarantee to every State in this Union a
   Republican Form of Government, and shall protect each of them
   against Invasion; and on Application of the Legislature, or of the
   Executive (when the Legislature cannot be convened) against
   domestic Violence.
   Penalties -- The basic statutory maximum penalty for violating
   8 U.S.C. § 1324(a)(1)(I) and (v)(I) (alien smuggling and conspiracy)
   is a fine under title 18, imprisonment for not more than 10 years, or
   )…….. A mandatory minimum
   three year term of imprisonment applies to first or second violations
   of § 1324(a)(2)(B)(I) or (B)(ii). Further enhanced punishment is
   provided for third or subsequent offenses.
   
   THE GOVERNMENTS CATCH AND RELEASE ENFORCEMENT DON’T WORK
   ‘’ We are a nation of the rule of law ‘’, without incarceration and punishment the law is nothing but a farce perpetrated on legal citizens.
   A start for a solution to the problem.
   1 Deny all non citizens  government entitlements ( they will leave )
   2. Deny birthright to children born of non citizens  ( they will leave )
   3. Incarcerate in open air tent city built near the border ( short trip )
   4. Incarcerate penalty ( hard labor )
   5. No new laws until borders are secured
   6. Amnesty will not be considered ( laws have been broken and laws need to be enforced)
   7. Any government official not enforcing the laws need to be fired and lose pension payments upon conviction
   In Washington today it appears that wrong is right and right is wrong. The people must speak up only because our politicians are mute and irresponsible in not enforcing the law.

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   Studio Eposted 14 years ago

   Jon Ewall for President

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      Doug Hughesposted 14 years agoin reply to this

      He wasn't born on this planet.

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   Evan G Rogersposted 14 years ago

   This isn't really that hard: two horrendous acts of tyranny - one outdoing the other.
   
   It's a little known fact: In addition to those immigrants who come from Mexico, China, Europe, and other "well-known" countries, there are another 11,000 immigrants EACH DAY that come into our country. They ALL come from the land known as "Storkovia".
   
   The most common method of getting to American, this "glorious" land of the "free", is to get wrapped up in white linen cloth, and then have a stork carry them in their mouths as it flies over the border, and then they get dropped into hospital beds.
   
   They then sit around leeching off of federally granted subsidies -"free" education, roads, and just about every other "free" thing out there - withOUT paying taxes, and withOUT even working for about 18 WHOLE YEARS!!! They just sit around leeching off of everyone else's tax dollars for 18 years!!
   
   And THEN, when they finally get off their asses and begin to actually do some work, it's usually just menial labor, like working minimum wage (which they wouldn't earn if the minimum wage weren't there, mind you!) in the back of restaurants, and all the while they generally show a lack of respect for law and common decency. They work for such low wages that they "steal" the labor of other "hard working" Americans! And then "hard working" Americans end up getting fired all because of these damned immigrants who came here wrapped up in white linen and brought over by storks!!!
   
   DEATH TO STORKOVIANS!!!
   
   ... ...

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