Heather Mac Donald: White House doesn't want to enforce immigration
By: Heather Mac Donald
OpEd Contributor
August 4, 2010
The real motivation for the Justice Department's lawsuit against Arizona's new immigration statute was the only one not mentioned in the department's brief: The Obama administration has no intention of enforcing the immigration laws against the majority of illegal aliens already in the country.
It is that policy alone which conflicts with SB 1070: Arizona wants to enforce the law; the Obama administration does not. Reasonable minds can differ on whether that conflict puts Arizona in violation of the Constitution's Supremacy Clause.
But what is indisputable is that the failure of the federal government to openly acknowledge the real ground for its opposition to SB 1070 has rendered incoherent not just its own public arguments against the law, but the judicial ruling which largely rubber stamps those arguments as well.
The Arizona statute affirms the power of a local police officer or sheriff's deputy to inquire into someone's immigration status, if the officer has reasonable suspicion that the person is in the country illegally, and if doing so is practicable. Under SB 1070, such an inquiry may occur only during a lawful stop to investigate a non-immigration offense.
Both the Justice Department and U.S. District Judge Susan Bolton, in striking down most of SB 1070, couched their opposition to the statute exclusively in terms of its effect on legal, as opposed to illegal, aliens. SB 1070, Judge Bolton wrote, would impermissibly burden legal immigrants already in the country by subjecting them to unwarranted immigration checks.
There are two problems with this line of argument: First, it ignores the fact that Congress has already anticipated and approved precisely the sort of local immigration inquiries that Judge Bolton now finds unconstitutional. Second, the argument would make all immigration enforcement impossible.
In 1996, Congress banned so-called sanctuary policies, by which cities and states prohibit their employees from working with federal immigration authorities regarding illegal aliens. It was in the federal interest, Congress declared, that local and federal authorities cooperate in the "apprehension, detention or removal of [illegal] aliens."
In pursuance of that mandate, the federal government operates an immigration clearinghouse, the Law Enforcement Support Center (LESC), to provide just the sort of immigration-status information to local and state law-enforcement officials that SB 1070 seeks.
It is therefore absurd to now claim, as Judge Bolton and the Obama Administration do, that such local inquiries conflict with the federal immigration scheme. It is even more absurd to argue that the risk that a legal alien will be questioned about his immigration status makes the alleged conflict unconstitutional.
Any immigration enforcement carries the possibility that a legal alien or U.S. citizen will be stopped and questioned. The only way to guarantee that legal aliens are never asked to present their immigration papers is to suspend immigration enforcement entirely. (The same possibility of stopping innocent people for questioning applies to law enforcement generally; that possibility has never been held to invalidate the police investigative power.)
If Congress intended to create such a blanket ban on asking legal aliens for proof of legal residency, it could have revoked the 1952 law requiring aliens to carry their certificate of alien registration. Such a requirement makes sense only on the assumption that legal aliens will upon occasion be asked to prove their legal status.
Such unpersuasive reasoning suggests that something else is going on. That something is the fact that SB 1070 would have put the Obama administration in the uncomfortable position of repeatedly telling Arizona's law enforcement officers that it is not interested in detaining or deporting the illegal aliens that they have encountered in the course of their duties; the law, in other words, would have exposed the administration's de facto amnesty policy.
And SB 1070 would have shown that immigration-law enforcement can work simply by creating a deterrent to illegal entry and presence. Even before it went into operation, the Arizona law was already inducing illegal aliens to leave the state, according to news reports.
Illegal aliens are virtually absent from the Justice Department's brief or from Judge Bolton's opinion. Despite this studied avoidance, it's time to have a public debate about how much immigration enforcement this country wants and which enforcement policies--the administration's or Arizona's -- best represent the public will.
Heather Mac Donald is a contributing editor of City Journal and co-author of The
Read more at the Washington Examiner: http://www.washingtonexaminer.com/opinion/columns/White-House-doesn_t-want-to-enforce-immigration-1007060-99891419.html#ixzz0w8gI2nha
MEXICANOCCUPATION.blogspot.com
FAIRUS.org
JUDICIALWATCH.org
ALIPAC.us
THE ENTIRE REASON THE BORDERS ARE LEFT OPEN IS TO CUT WAGES!
“We could cut unemployment in half simply by reclaiming the jobs taken by illegal workers,” said Representative Lamar Smith of Texas, co-chairman of the Reclaim American Jobs Caucus. “President Obama is on the wrong side of the American people on immigration. The president should support policies that help citizens and legal immigrants find the jobs they need and deserve rather than fail to enforce immigration laws.”
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MOST OF THE FORTUNE 500 ARE GENEROUS DONORS TO LA RAZA – THE MEXICAN FASCIST POLITICAL PARTY. THESE FIGURES ARE DATED. CNN CALCULATES THAT WAGES ARE DEPRESSED $300 - $400 BILLION PER YEAR!
“The principal beneficiaries of our current immigration policy are affluent Americans who hire immigrants at substandard wages for low-end work. Harvard economist George Borjas estimates that American workers lose $190 billion annually in depressed wages caused by the constant flooding of the labor market at the low-wage end.” Christian Science Monitor
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IN FACT THERE ARE SO MANY MILLIONS OF MEXICANS USING FRAUDULENT SOCIAL SECURITY NUMBERS WITH COMMON HISPANIC NAMES, THAT E-VERIFY MAY BE ALREADY BE A WASTE OF TIME.
HOWEVER, EVEN WITH THE STAGGERING UNEMPLOYMENT, FOR WHICH OBAMA HAS DONE NADA, HE’S STILL MAKING IT EASY FOR ILLEGALS TO TAKE OUR JOBS
Obama Administration Challenges Arizona E-Verify Law
The Obama administration has asked the Supreme Court to strike down a 2007 Arizona law that punishes employers who hire illegal aliens, a law enacted by then-Governor Janet Napolitano. (Solicitor General's Amicus Curiae Brief). Called the “Legal Arizona Workers Act,” the law requires all employers in Arizona to use E-Verify and provides that the business licenses of those who hire illegal workers shall be repealed. From the date of enactment, the Chamber of Commerce and other special interest groups have been trying to undo it, attacking it through a failed ballot initiative and also through a lawsuit. Now the Chamber is asking the United States Supreme Court to hear the case (Chamber of Commerce v. Candelaria), and the Obama Administration is weighing in against the law.
To date, Arizona’s E-Verify law has been upheld by all lower courts, including the Ninth Circuit Court of Appeals. The Ninth Circuit, in particular, viewed it as an exercise of a state’s traditional power to regulate businesses. (San Francisco Chronicle, June 2, 2010). Obama’s Justice Department, however, disagrees. Acting Solicitor General Neal Katyal said in his filing with the Supreme Court that the lower courts were wrong to uphold the statute because federal immigration law expressly preempts any state law imposing sanctions on employers hiring illegal immigrants. Mr. Katyal argues that this is not a licensing law, but “a statute that prohibits the hiring of unauthorized aliens and uses suspension and revocation of all state-issued licenses as its ultimate sanction.” (Solicitor General's Amicus Curiae Brief, p. 10). This is the administration’s first court challenge to a state’s authority to act against illegal immigration, and could be a preview of the battle brewing over Arizona’s recent illegal immigration crackdown through SB 1070.
Napolitano has made no comment on the Department of Justice’s decision to challenge the 2007 law, but federal officials said that she has taken an active part in the debate over whether to do so. (Politico, May 28, 2010). As Governor of Arizona, Napolitano said she believed the state law was valid and became a defendant in the many lawsuits against it. (Id.).
illegals vs crime
206 Most wanted criminals in Los Angeles. Out of 206 criminals--183 are hispanic---171 of those are wanted for Murder.
Why do Americans still protect the illegals??
http://www.dailybreeze.com/ci_11255121?appSession=934140935651450&RecordID=&PageID=2&PrevPageID=&cpipage=1&CPISortType=&CPIorderBy=
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TEN MOST WANTED CRIMINALS IN CALIFORNIA ARE MEXICANS!
http://ag.ca.gov/wanted/mostwanted.php?fid=mostWantedFugitives_2010-01
ACCORDING TO SENATOR LAMAR SMITH OF TEXAS, WHEN CHALLENGING SO- CALLED “HOMELAND SECURITY = PATHWAY TO CITIZENSHIPS” LA RAZA JANET NAPOLITANO, AS TO WHY OUR BORDERS ARE WIDE OPEN TO NARCOMEX, OBAMA HAS CUT ENFORCEMENT BY MORE THAN 60% IN ALL AREAS.
Obama soft on illegals enforcement
Arrests of illegal immigrant workers have dropped precipitously under President Obama, according to figures released Wednesday. Criminal arrests, administrative arrests, indictments and convictions of illegal immigrants at work sites all fell by more than 50 percent from fiscal 2008 to fiscal 2009.
The figures show that Mr. Obama has made good on his pledge to shift enforcement away from going after illegal immigrant workers themselves - but at the expense of Americans' jobs, said Rep. Lamar Smith of Texas, the Republican who compiled the numbers from the Department of Homeland Security's U.S. Immigration and Customs Enforcement agency (ICE). Mr. Smith, the top Republican on the House Judiciary Committee, said a period of economic turmoil is the wrong time to be cutting enforcement and letting illegal immigrants take jobs that Americans otherwise would hold.
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FAIRUS.org
FEDERATION FOR AMERICAN IMMIGRATION REFORM
FAIR CHARACTERIZES THE OBAMA, AND LA RAZA DEMS PLAN FOR AMNESTY AS FOLLOWS:
That's why, throughout 2009 FAIR has been tracking every move the administration and Congress has made to undermine our immigration laws, reward illegal aliens and burden taxpayers.
• Foot-dragging on proven methods of immigration law enforcement including border structures and E-Verify.
• Appointment of several illegal alien advocates to important administration posts.
• Watering down of the 287(g) program to limit local law in their own jurisdictions.
• Health care reform that mandates a “public option” for newly-arrived legal immigrants as well as illegal aliens.
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