Friday, July 30, 2010

OBAMA - ASSAULTING LEGALS IN ARIZONA, WHILE PROTECTING ILLEGALS IN SANCTUARY CITIES!

The Obama administration will sue Arizona for trying to help Washington enforce federal immigration laws, but flatly rejects the notion of suing sanctuary cities that blatantly defy those same laws.


Hans A. von Spakovsky
Law-Enforcement-Free Sanctuaries

The Obama administration will sue Arizona for trying to help Washington enforce federal immigration laws, but flatly rejects the notion of suing sanctuary cities that blatantly defy those same laws. That announcement two weeks ago revealed the hypocrisy and utter contempt for the rule of law rampant in Eric Holder’s Justice Department.
It was the latest example of the Department letting partisan politics, rather than the interests of justice and the impartial enforcement of the law, drive its legal decisions. In this instance, it both threatens national security and undermines public confidence in our legal system.
The very weakness of the Department’s legal arguments in the Arizona suit betrays its political genesis. As the brief filed on behalf of Arizona by nine other states persuasively argues, Arizona is not interfering with federal authority: it has neither created new categories of aliens nor attempted to independently determine the immigration status of aliens. Arizona’s law simply requires local law enforcement officers to check the immigration status of individuals arrested for other reasons. This is exactly the regulatory scheme of concurrent enforcement envisioned by federal immigration law.
The Justice Department’s suit directly contradicts the 2005 Supreme Court decision in Muehler v. Mena. In that case, all nine justices upheld the right of local police officers to question a detained individual’s immigration status while a search warrant was being executed. The suit also flies in the face of Estrada v. Rhode Island, in which the First Circuit Court of Appeals this February upheld a state trooper’s questioning of immigration status during a traffic stop. This is the exact policy being implemented in Arizona.

Federal courts have long upheld the power of state law enforcement officers to arrest those who violate federal law, as long as it is also a violation of state law, including immigration laws. The inherent authority of local police to arrest immigration violators was outlined in 2002 in a legal memorandum issued by the Department of Justice’s Office of Legal Counsel. Yet Attorney General Holder has filed a lawsuit making claims completely at odds with an opinion issued by his own department.
Holder’s suit also conflicts directly with federal immigration law. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. §1373) specifically mandates that no federal, state, or local government can “prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service [now Immigration and Customs Enforcement or ICE], information regarding the citizenship or immigration status, lawful or unlawful, of any individual,” a provision upheld by the Second Circuit Court of Appeals in 1999. Congress wanted local governments to get information on immigration status from the federal government – and that is exactly what the Arizona law requires for anyone arrested in the state. Yet Holder is trying to prevent Arizona officials from checking “the citizenship or immigration status” of “any individual.”
Now we’re awaiting a ruling by a federal judge on the Justice Department’s request for a temporary injunction to stop the law from going into effect on Thursday. It’s clear, though, that the only way that judge could possibly rule in the Department’s favor is by ignoring the law and this precedent.
Justice Department spokesman Tracy Schmaler asserts that Arizona is “actively” interfering with federal law while sanctuary cities are just not using their resources to enforce federal law. This bogus claim displays fundamental ignorance of these federal legal requirements. Rep. Lamar Smith of Texas, the ranking Republican on the House Judiciary committee and the chief author of the 1996 immigration law, rightly calls it “absurd.” Cities like San Francisco not only do not enforce federal immigration laws, some violate it by protecting aliens from deportation and refusing to cooperate with or provide information to immigration officials.
As the nine states note in their brief, the Justice Department is trying to negate the “preexisting power of the States to verify a person’s immigration status and similarly seeks to reject the assistance that the States can lawfully provide to the Federal government.” Holder’s claim that Arizona is interfering with federal power to regulate immigration is near frivolous.
Arizona simply requires that law enforcement personnel (1) ascertain the immigration status of people they have lawfully detained for some other reason and (2) report to the federal government the presence of any detainee determined to be here illegally. If the Obama administration wants to ignore that information and reject that assistance, it has that option. The only possible “interference” with federal power is the risk that the feds might be publicly embarrassed by a policy of non-enforcement. Apparently the White House and DOJ consider embarrassment a federal offense.
Holder makes one further -- yet equally absurd -- claim: that by trying to deter the movement of illegal aliens into Arizona, the state is restricting interstate commerce and thus violates the Commerce Clause. How can deterring the entry of people who have no legal right to enter possibly violate interstate commerce? It is the same as saying that -- notwithstanding federal laws that bar importation of heroin -- a state that busts heroin traffickers is flouting the Commerce Clause.
Federal law stipulates that any person who “conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection,” an illegal alien is committing a crime. It is also criminal just to “encourage” residence by illegal aliens. Yet sanctuary cities like San Francisco have enacted formal policies that embrace all these illegal acts. Such policies lead directly to further crimes, such as the vicious murder of a father and his two sons on a San Francisco street. The killer was an illegal alien with two prior felony convictions -- yet on neither occasion did San Francisco authorities notify the feds of his presence. Had they done so, he would not have been able to gun down Tony Bologna, 48, and his sons Michael, 20, and Matthew, 16, as they sat in their car on June 16, 2008.
Holder’s refusal to sue sanctuary cities is an abrogation of his responsibility as the nation’s chief federal law enforcement officer. Unlike Arizona, many of these cities have policies that violate federal law.
The Obama administration claims Arizona’s law will “disrupt federal immigration enforcement.” But the only thing it could possibly disrupt is federal non-enforcement. As the elections approach, Holder’s suit may help gin up enthusiasm among the president’s more radical political allies, such as La Raza. But using the law enforcement powers of the federal government to achieve political ends is a dangerous abuse of power.
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MEXICANOCCUPATION.blogspot.com
FAIRUS.org
JUDICIALWATCH.org
ALIPAC.us
FEINSTEIN AND BOXER ARE ONCE AGAIN WORKING AGAINST THE WILL OF THE PEOPLE FOR THEIR PAYMASTERS TO EXPLOIT MORE “CHEAP” LABOR ILLEGALS
THE OBAMA – REID – FEINSTEIN – BOXER bit by bit by bit AMNESTY

THE LA RAZA DEMS – NO BORDERS WITH NARCOMEX AND NO LEGAL NEED APPLY HERE.
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While Obama pushes war over there, he is equally intent on leaving our borders with NARCOMEX undefended, open and ready for business with the Mexican drug cartels.
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The Administration's Phantom Immigration Enforcement Policy
According to DHS’s own reports, very little of our nation’s borders (Southwestern or otherwise) are secure, and gaining control is not even a goal of the department.
By Ira Mehlman
Published on 12/07/2009
Townhall.com
The setting was not quite the flight deck of the U.S.S. Abraham Lincoln with a “Mission Accomplished” banner as the backdrop, but it was the next best thing. Speaking at the Center for American Progress (CAP) on Nov. 13, Homeland Security Secretary Janet Napolitano declared victory over illegal immigration and announced that the Obama administration is ready to move forward with a mass amnesty for the millions of illegal aliens already living in the United States.
Arguing the Obama administration’s case for amnesty, Napolitano laid out what she described as the “three-legged stool” for immigration reform. As the administration views it, immigration reform must include “a commitment to serious and effective enforcement, improved legal flows for families and workers, and a firm but fair way to deal with those who are already here.”
Acknowledging that a lack of confidence in the government’s ability and commitment to effectively enforce the immigration laws it passes proved to be the Waterloo of previous efforts to gain amnesty for illegal aliens, Napolitano was quick to reassure the American public that those concerns could be put to rest.
“For starters, the security of the Southwest border has been transformed from where it was in 2007,” stated the secretary. Not only is the border locked up tight, she continued, but the situation is well in-hand in the interior of the country as well. “We’ve also shown that the government is serious and strategic in its approach to enforcement by making changes in how we enforce the law in the interior of the country and at worksites…Furthermore, we’ve transformed worksite enforcement to truly address the demand side of illegal immigration.”
If Rep. Joe Wilson had been in attendance to hear Secretary Napolitano’s CAP speech he might well have had a few choice comments to offer. But since he wasn’t, we will have to rely on the Department of Homeland Security’s own data to assess the veracity of Napolitano’s claims.
According to DHS’s own reports, very little of our nation’s borders (Southwestern or otherwise) are secure, and gaining control is not even a goal of the department. DHS claims to have “effective control” over just 894 miles of border. That’s 894 out of 8,607 miles they are charged with protecting. As for the other 7,713 miles? DHS’s stated border security goal for FY 2010 is the same 894 miles.
The administration’s strategic approach to interior and worksite enforcement is just as chimerical as its strategy at the border, unless one considers shuffling paper to be a strategy. DHS data, released November 18, show that administrative arrests of immigration law violators fell by 68 percent between 2008 and 2009. The department also carried out 60 percent fewer arrests for criminal violations of immigration laws, 58 percent fewer criminal indictments, and won 63 percent fewer convictions.
While the official unemployment rate has climbed from 7.6 percent when President Obama took office in January to 10 percent today, the administration’s worksite enforcement strategy has amounted to a bureaucratic game of musical chairs. The administration has all but ended worksite enforcement actions and replaced them with paperwork audits. When the audits determine that illegal aliens are on the payroll, employers are given the opportunity to fire them with little or no adverse consequence to the company, while no action is taken to remove the illegal workers from the country. The illegal workers simply acquire a new set of fraudulent documents and move on to the next employer seeking workers willing to accept substandard wages.
In Janet Napolitano’s alternative reality a mere 10 percent of our borders under “effective control” and sharp declines in arrests and prosecutions of immigration lawbreakers may be construed as confidence builders, but it is hard to imagine that the American public is going to see it that way. If anything, the administration’s record has left the public less confident that promises of future immigration enforcement would be worth the government paper they’re printed on.
As Americans scrutinize the administration’s plans to overhaul immigration policy, they are likely to find little in the “three-legged stool” being offered that they like or trust. The first leg – enforcement – the administration has all but sawed off. The second – increased admissions of extended family members and workers – makes little sense with some 25 million Americans either unemployed or relegated to part-time work. And the third – amnesty for millions of illegal aliens – is anathema to their sense of justice and fair play.
As Americans well know, declaring “Mission Accomplished” and actually accomplishing a mission are two completely different things. When it comes to enforcing immigration laws, the only message the public is receiving from this administration is “Mission Aborted.”
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FIFTEEN THINGS YOU SHOULD KNOW ABOUT LA RAZA “THE RACE”

by Michelle Malkin
(get Malkin’s book on OBAMA NOTED below!)


Only in America could critics of a group called "The Race" be labeled racists. Such is the triumph of left-wing identity chauvinists, whose aggressive activists and supine abettors have succeeded in redefining all opposition as "hate."
Both Barack Obama and John McCain will speak this week in San Diego at the annual conference of the National Council of La Raza, the Latino organization whose name is Spanish for, yes, "The Race." Can you imagine Obama and McCain paying homage to a group of white people who called themselves that? No matter. The presidential candidates and the media have legitimized "The Race" as a mainstream ethnic lobbying group and marginalized its critics as intolerant bigots. The unvarnished truth is that the group is a radical ethnic nationalist outfit that abuses your tax dollars and milks PC politics to undermine our sovereignty.
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Here are 15 things you should know about "The Race":
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15. "The Race" supports driver's licenses for illegal aliens.
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14."The Race" demands in-state tuition discounts for illegal alien students that are not available to law-abiding U.S. citizens and law-abiding legal immigrants.
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13. "The Race" vehemently opposes cooperative immigration enforcement efforts between local, state and federal authorities.
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12. "The Race" opposes a secure fence on the southern border.
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11. "The Race" joined the American-Arab Anti-Discrimination Committee in a failed lawsuit attempt to prevent the feds from entering immigration information into a key national crime database -- and to prevent local police officers from accessing the data.
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10. "The Race" opposed the state of Oklahoma's tough immigration-enforcement-first laws, which cut off welfare to illegal aliens, put teeth in employer sanctions and strengthened local-federal cooperation and information sharing.
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9. "The Race" joined other open-borders, anti-assimilationists and sued to prevent Proposition 227, California's bilingual education reform ballot initiative, from becoming law.
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8. "The Race" bitterly protested common-sense voter ID provisions as an "absolute disgrace."
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7. "The Race" has consistently opposed post-9/11 national security measures at every turn.
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6. Former "Race" president Raul Yzaguirre, Hillary Clinton's Hispanic outreach adviser, said this: "U.S. English is to Hispanics as the Ku Klux Klan is to blacks." He was referring to U.S. English, the nation's oldest, largest citizens' action group dedicated to preserving the unifying role of the English language in the United States. "The Race" also pioneered Orwellian open-borders Newspeak and advised the Mexican government on how to lobby for illegal alien amnesty while avoiding the terms "illegal" and "amnesty."
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5. "The Race" gives mainstream cover to a poisonous subset of ideological satellites, led by Movimiento Estudiantil Chicano de Aztlan, or Chicano Student Movement of Aztlan (MEChA). The late GOP Rep. Charlie Norwood rightly characterized the organization as "a radical racist group … one of the most anti-American groups in the country, which has permeated U.S. campuses since the 1960s, and continues its push to carve a racist nation out of the American West."
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4. "The Race" is currently leading a smear campaign against staunch immigration enforcement leaders and has called for TV and cable news networks to keep immigration enforcement proponents off the airwaves -- in addition to pushing for Fairness Doctrine policies to shut up their foes. The New York Times reported that current "Race" president Janet Murguia believes "hate speech" should "not be tolerated, even if such censorship were a violation of First Amendment rights."
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3. "The Race" sponsors militant ethnic nationalist charter schools subsidized by your public tax dollars (at least $8 million in federal education grants). The schools include Aztlan Academy in Tucson, Ariz., the Mexicayotl Academy in Nogales, Ariz., Academia Cesar Chavez Charter School in St. Paul, Minn., and La Academia Semillas del Pueblo in Los Angeles, whose principal inveighed: "We don't want to drink from a White water fountain, we have our own wells and our natural reservoirs and our way of collecting rain in our aqueducts. We don't need a White water fountain … ultimately the White way, the American way, the neo liberal, capitalist way of life will eventually lead to our own destruction."
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2. "The Race" has perfected the art of the PC shakedown at taxpayer expense, pushing relentlessly to lower home loan standards for Hispanic borrowers, reaping millions in federal "mortgage counseling" grants, seeking special multimillion-dollar earmarks and partnering with banks that do business with illegal aliens.
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1. "The Race" thrives on ethnic supremacy -- and the elite sheeple's unwillingness to call it what it is. As historian Victor Davis Hanson observes: "[The] organization's very nomenclature 'The National Council of La Raza' is hate speech to the core. Despite all the contortions of the group, Raza (as its Latin cognate suggests) reflects the meaning of 'race' in Spanish, not 'the people' -- and that's precisely why we don't hear of something like 'The National Council of the People,' which would not confer the buzz notion of ethnic, racial and tribal chauvinism."
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The fringe is the center. The center is the fringe. Viva La Raza.
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“Wherever there’s a Mexican, there is Mexico!”... President Calderone. As an American living under Spanish speaking Mexican occupation, I would add to this “Where there’s a Mexican, there’s a violent Mexican gang!”

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