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Home Front: Politix
SCOTUS To Examine State Illegal Immigration Laws Today
2011-12-12
"Arizona is asking the Supreme Court to allow the state to begin enforcing measures that have been blocked by lower courts at the administration's request.

Among those provisions is one that requires police, while enforcing other laws, to question a person's immigration status if officers suspect he is in the country illegally.

Similar laws in Alabama, South Carolina and Utah also are facing Obama administration lawsuits.

The Justice Department says regulating immigration is the job of the federal government, not states."

This argument fails on its face for the simple reason that the federal government has the authority to regulate immigration across America's international borders. Once illegal aliens are in the United States, though the federal government may directly arrest them, they are only under federal jurisdiction for immigration offenses and other federal laws.

To say otherwise is to assert that illegal immigrants living in the United States are entirely under federal jurisdiction in such a way that state and local laws do not apply to them, so they can violate such laws with impunity.

To restrain police from inquiring about citizenship status deprives them and lower courts the ability to determine if a crime has been committed, if a suspect is a flight risk, or if they are involved in some other criminal enterprises such as drug and illegal alien smuggling.

Importantly, once local and state authorities have determined that a suspect is indeed an illegal alien, once they have finished with him for their purposes, including arrest and criminal sentencing if applicable, they have shown no hesitation it providing such persons to federal jurisdiction for immigration purposes.

Finally, the states are in no way violating the "privileges or immunities" clause of the 1st article of the 14th Amendment, as their inquiries are legitimate questions under the probable cause rules used by the police.
Posted by:Anonymoose

#4  Kagan recused herself from the decision on whether to take the case. She has not yet recused herself from the consideration of the case when brought.
Posted by: Nimble Spemble   2011-12-12 13:53  

#3  Is that a quid pro quo to stay on the healthcare case?
Posted by: lotp   2011-12-12 13:12  

#2  The good news is Elena Kagan has recused herself from this case.
Posted by: Muggsy Glink   2011-12-12 12:02  

#1  Bank Robbery is also a Federal crime. Should local law officers not arrest and detain a bank robber? Holder's a joke and his DOJ needs to be torn down to the ground and rebuilt.
Posted by: Frank G   2011-12-12 10:00  

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