It’s D-day in the Grand Canyon state. The full force of the federal government, with its deep pockets, will attempt to thwart Arizona from controlling their out-of-control illegal immigration problem.
After weeks of speculation, threats and pandering, the citizens of Arizona will finally have their day in court. The Obama Administration claims Arizona Governor Jan Brewer should be restrained from enforcing AB1070, an illegal immigration law that closely mirrors the federal government’s law, for two main reasons.
The government contends Arizona is pre-empting federal immigration law with the exclusive jurisdiction of the federal government and therefore, the states, including Arizona are pre-empted from exercising any jurisdiction over immigration matters, according to US Immigration and Naturalization Activity – Title 8 United States Code §1101 et seq.).
The second claim deals with the Supremacy Clause of the U.S. Constitution. Federal law, when pertaining to the U.S. Constitution and treaties with foreign nations is the Supreme Law of the Law and “trumps” any state action, according to Article VI, Clause 2.
These two legal postulates have been used successfully by the federal government in a wide variety of proceedings to retain the federal government’s exclusive jurisdiction over certain subjects in order to ensure there is uniformity and consistency in the interpretation and execution of U.S. law throughout the federal and state jurisdictions.
For example, U.S. courts have determined that the federal government has exclusive jurisdiction to establish and enforce certain standards in drugs, foods, auto safety, etc., and therefore, the states are “preempted” from exercising jurisdiction over these areas of exclusivity, which would cause confusion and conflict in commerce and law.
Also the government’s case says the Commerce Clause of the Constitution has been widely recognized as the first application of the Supremacy Clause and it continues to be asserted today in the control of the airways for telephone, internet, and emergency broadband and AM/FM broadcasting.
However, it must be noted that Arizona has not directed that local law enforcement personnel screen people at the U.S./Arizona border with Mexico, but rather, it has restricted its application of federal immigration law within state jurisdiction and has not asserted any rights pertaining to the international border with Mexico.
The striking difference with the AB1070 case, is that the U.S. is seeking to restrain the Governor from enforcing Arizona law, exclusively within the jurisdiction of the state, and which is based expressly upon the enforcement provisions for U.S. law enforcement personnel, on the grounds of preemption and Supremacy, as though the Congress and Constitution expressly forbade dual enforcement of U.S. Immigration Law.
In the past the federal and state law enforcement personnel have worked together on immigration matters. The only difference now is that Arizona is now directing its law enforcement personnel to actively pursue immigration inquiries in certain circumstances, as opposed to the prior “dual” jurisdiction with federal officers, wherein an immigration matter arose, as a collateral or inadvertent aspect of a state legal action.
Notwithstanding a strict compliance of AB1070 with current federal immigration laws and regulations, the Obama administration somehow reaches the conclusion that only federal law enforcement is able to enforce federal immigration law without having a “chilling effect” on Arizona’s population, despite a long history of dual jurisdiction.
And lastly, the “chilling effect” would only extend only to illegal immigrants, who have no First Amendment rights, because a citizen of Arizona would be free from any threat of deportation. Therefore the “chilling effect” applies only to illegal immigrants, who have entered the U.S. illegally, remain in the U.S. illegally and would be subject to deportation on a daily basis.
For illegal immigrants, there is a constant threat of being deported, but certainly enforcement of federal immigration by Arizona law enforcement will not lessen that fear nor abridge any Constitutional protections of Arizona’s legal residents, who are required by law to carry their residency permits.
Some at ICE see Arizona law as a must enforce law
When it comes to the folks who actually are responsible for enforcing the countries’ immigration laws, recently-retired ICE agent John Sakelarides, a 25 year veteran, says the government is falling down on the job when it comes to illegal immigration and protecting the nation’s borders.
"The thrust of the Eric Holder and Barack Obama’s lawsuit against Jan Brewer and the people of the state of Arizona is that Arizona is allegedly usurping federal authority and interfering in the federal government's presumed exclusive authority to determine immigration policy and exclusive authority as to immigration enforcement,” Sakelarides says.
“However, cities such as New York, San Francisco, Denver, and many others, as well as some states have engaged in sanctuary policies which also appear to not only usurp the federal government's presumed exclusive authority to enact immigration policy and enforcement priorities, but they do so in blatant violation of federal criminal law.
“It's an obvious contradiction that cannot be overlooked. The question that has been repeatedly asked is ‘Why are Holder and Obama suing Arizona for trying to enforce the law that the federal government repeatedly refuses to enforce, while they allow cities to actively assist and harbor illegal aliens?’"
"There is a big difference between a state or locality saying they are not going to use their resources to enforce a federal law, as so-called sanctuary cities have done, and a state passing its own immigration policy that actively interferes with federal law,” Tracy Schmaler, a spokeswoman for Attorney General Eric Holder told The Washington Times. "That's what Arizona did in this case."
The real answer is that there is absolutely no interest by the Obama administration to enforce the current immigration laws, no interest in securing the border, no interest in honoring the wishes and demands of the people for whom they work for, according to Sakelarides.
“The rationale behind this is that they are seeking political power and hoping to cash in on ‘future democratic votes.’ However, the law prohibits foreign nationals in participating in American elections. The right to vote is an exclusive right reserved to citizens. In fact, if an alien votes in an election, that act is a ground for being deported. It also requires that the alien make a false claim to U.S. citizenship which is a federal felony under 18 USC 911,” Sakelarides summed up.
Members of Congress weigh in
The Arizona lawsuit hasn’t escaped the attention of 81 members of Congress who filed a friend of the court brief supporting Arizona. These bipartisan lawmakers agree Arizona has the right to protect its residents from an avalanche of illegals crossing into the Grand Canyon State seeking refuse from the over-the-top drug cartel violence and a shot of gaining employment.
“Arizona has every right to defend itself against illegal immigration,” said Congressman Brian Bilbray (R-CA), chairman of the Immigration Reform Caucus. “The federal government has failed to live up to its responsibility to enforce federal law concerning immigration, and Arizona's law does not preempt federal statutes. It is time to stop playing politics, roll up our sleeves and get to work on a bipartisan immigration bill that addresses America's border security, goes after employers who exploit illegal immigrants and reduces identity theft.”
Bilbray continued to explain, "I stand by my claim: the bipartisan Immigration Reform Caucus is ready and willing to meet with President Obama to address bipartisan and meaningful immigration reform."
Arizona Congressman Trent Franks (R-AZ) stated, "President Obama is going to end up having to sue several states, including Rhode Island and others, if the Administration wants to sue everyone who tries to enforce immigration law. This is in addition to the numerous other states who have either introduced legislation similar to Arizona's (such as Michigan, South Carolina, Minnesota, and Pennsylvania,) and as many as 15 others have expressed a desire to pass a law similar to SB 1070.
Furthermore, the Administration's lawsuit is politically disastrous, since more than 55 percent of Americans disagree with the lawsuit. The American people want an effective, enforced federal immigration policy and secure borders. The last thing this ridiculous lawsuit is doing is making our laws more clear or our border more secure, and President Obama must continue to hear that the Members who signed this brief, along with the American people, strongly oppose the ongoing politicization of this serious national security and federal immigration issue."
Ranking Member of the Committee on the Judiciary as well as vocal illegal immigration advocate Rep. Lamar Smith (R-TX) said, "The Obama administration is wrong to sue the State of Arizona. The Arizona law is favored by a majority of Arizonans and Americans. Also the Arizona law mirrors federal law and is only necessary because the Obama administration has failed to do its job. Instead of suing Arizona, the Obama administration should stand up for citizens and legal immigrants enforce our immigration laws and secure the border."
While there are legitimate issues on both sides of the illegal immigration issue one thing remains clear, America is a nation of laws.
The polls also remain crystal clear as the majority of Americans support Arizona’s lawmakers and residents rights to enforce immigration laws.
Another symptom associated with illegal immigration is the cost taxpayers’ end up paying for in food stamps, housing subsidies and health care. Illegal immigration costs the United States an astounding $113 billion a year or an average of $1,117 for every legal resident household in the U.S., according to a recent study by the Federation for American Immigration Reform (FAIR).
The study also reported that this the “first and most detailed look at the costs of illegal immigration ever done,” says Bob Dane, director of communications for FAIR.
As the dynamite is about to be lit in the state of Arizona, the immigration fuse may be the precursor to a calamity of upsets in the November mid-term elections.
For more stories; http://www.examiner.com/x-10317-San-Diego-County-Political-Buzz-Examiner