Virginia AG: Virginia will enforce immigration laws

[Little-Acorn]

Good for Virginia.

The clock is ticking for the Obama administration. The more they legislate against the Constitution and the will of the American people, while refusing to enforce laws that ARE constitutional, the greater chance they have of being historically neutered this Nov. 2.

Whatever happened to the command in that antiquated document, that "[The President] shall take care that the laws be faithfully executed"?

And now more and more law enforcement groups are lining up against them. Many other states already have laws on the books permitting their state and local police to ask for immigration status from people they've arrested or questioned for other things. And more and more are in the process of enacting them.

Ideology is one thing. But can't the Obamanites see the onrushing train?

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http://blog.heritage.org/2010/08/02...ation-virginia-will-enforce-immigration-laws/

Unlike Obama Administration, Virginia Will Enforce Immigration Laws

Posted August 2nd, 2010 at 5:32pm

Virginia Attorney General Ken Cuccinelli is having quite a day. As Todd Gaziano explains, a federal district court denied the U.S. Justice Department’s request that the court dismiss the lawsuit Cuccinelli filed on behalf of the citizens of Virginia against the unconstitutional mandates in Obamacare.

News also broke today that Cuccinelli issued an official advisory opinion on July 30 that was another shot across the bow of the Obama Administration in the ongoing fight over enforcement of federal immigration laws.

In response to an inquiry from a state representative, Cuccinelli advised all Virginia law enforcement officers that, just like Arizona police officers, they can “inquire into the immigration status of persons stopped or arrested.” Moreover, local officers can arrest any individual who has “violated a criminal law of the United States, including a criminal violation of the immigration laws.”

Unlike the specious “legal” opinion issued by Judge Susan Bolton in the Arizona immigration case, Cuccinelli’s opinion is fully in accord with federal immigration law and prior court decisions that have held that local police officers can inquire into the immigration status of individuals they lawfully detain or arrest. On the ability to arrest those who have criminally violated federal immigration laws, Cuccinelli very pointedly explains that “it would be most surprising if state and local officers lacked the authority…to arrest individuals suspected of committing federal crimes.” If they did, then local law enforcement would have “to stand idly by and allow” bank robbers, kidnappers, or terrorists who have violated federal law “to proceed with impunity.” Why should criminal violators of federal immigration laws be somehow different? That is, of course, a ridiculous claim, although it has not prevented pro-illegal aliens groups and their spokesmen from criticizing Cuccinelli’s opinion.

In the heart of the opinion, Cuccinelli makes it very clear that Virginia police “have the same authority to make the same inquiries as those contemplated by the new Arizona law. So long as the officers have the requisite level of suspicion to believe that a violation of the law has occurred, the officers may detain and briefly question a person they suspect has committed a federal crime.” The real problem, of course, will be if the federal government then refuses to pick up and deport illegal aliens who have been found by local police—an unfortunate problem that illustrates the importance of having someone in the White House who understands the President’s constitutional obligation to “take Care that the Laws be faithfully executed.”

We should never forget that this issue has real consequences: two teenagers in Virginia Beach were killed in 2007 by a drunken illegal alien who rammed their car at a stoplight. He had been previously arrested and convicted for public drunkenness and DUI—if local police had checked his immigration status after those prior arrests and the federal government had picked him up and deported him back to Mexico, those two girls would likely be alive today.

Hopefully, not only will local police officers in Virginia use the authority that Attorney General Cuccinelli has given them, but other state attorneys general will follow his lead and issue similar opinions. The Justice Department and the Obama Administration need to be confronted by states contesting their ill-advised and dangerous policy of not fully enforcing our immigration laws.

 

[Pandora]

That is good news. I hope more states stand up to this administration. If obama gets the ok to keep states from deporting them back to mexico, I wonder if we can deport them to San Fran's sanctuary city

 

[Little-Acorn]

That is good news. I hope more states stand up to this administration. If obama gets the ok to keep states from deporting them back to mexico, I wonder if we can deport them to San Fran's sanctuary city

In no case are the states deporting illegals back to Mexico or wherever they're from. They are merely finding people they've arrested of come in contact with on other police matters, finding probable cause to think they might be illegal, and turning them over to Federal authorities.

In fact, the state and local police are barely doing anything about immigration. They are asking a few more questions of people they bust on other matters, and then (sometimes) making a phone call to ICE.

Don't make the mistake of getting your information from the illegal-alien advocates and protesters. They know they're wrong, and so all they can do is lie, and lie huge.

 

[Pandora]

In no case are the states deporting illegals back to Mexico or wherever they're from. They are merely finding people they've arrested of come in contact with on other police matters, finding probable cause to think they might be illegal, and turning them over to Federal authorities.

In fact, the state and local police are barely doing anything about immigration. They are asking a few more questions of people they bust on other matters, and then (sometimes) making a phone call to ICE.

Don't make the mistake of getting your information from the illegal-alien advocates and protesters. They know they're wrong, and so all they can do is lie, and lie huge.

are you telling me they never get deported? what happens to them then?

 

[Little-Acorn]

are you telling me they never get deported? what happens to them then?

I said the states never deport them.

The Feds do. After the states turn the suspects over to them, and they (the Feds) determine the suspects are really illegals.

And often the deportees are back across the border and into the United States again, within 48 hours. Due to the excellent security we have on the border.

 

[Pandora]

I said the states never deport them.

The Feds do. After the states turn the suspects over to them, and they (the Feds) determine the suspects are really illegals.

And often the deportees are back across the border and into the United States again, within 48 hours. Due to the excellent security we have on the border.

Ah ok, I thought they were deported, I didnt pay attention to the states/feds part. thanks for clearing that up


either way, I am glad to see Virginia on board. Is there much of a problem there with illegals?

 

[Little-Acorn]

Actually, I should mention that our border security is getting better. I recently flew over the border from the Pacific to about 100 miles inland, along the Calif/Mexico border.

Where there used to be nothing but a low single rail that anyone could easily step over, and/or cheap tinfoil you could cut through with a large pair of scissors, now there is a pretty solid-looking steel-beam fence, about 12 feet tall with BIG downward-pointing spikes along the top (both sides), that I would personally hate to try to climb over, even with a ladder. Still could be scaled, but it would take a huge effort... and would take long enough that the Border Patrol could be there to greet you as you finally drop over on the U.S. side.

That fence runs almost solidly (a few gaps in very rugged mountains) from the ocean to a point east of Jacumba, spanning the O'Neill Valley to another set of rugged hills. Beyond that, nothing, along the flat area of desert. People could walk across easily east of there... but it's along, unpleasant trip, and the weather is hellish, making such a crossing dangerous.

It's a single-layer fence, not double as many legal-immigration advocates have recommended. But it's a good start.

 

[pocketfullofshells]

so where in the constitution say that states have any power over Immigration law and policy? I must have missed it, must be in the Shredded section?

 

[Little-Acorn]

I must have missed it,

Correct.

 

[pocketfullofshells]

Correct.

so post it then...let see it

 

[Little-Acorn]

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

 

[ktucan1]

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Can you post the part where it says States can regulate immigration laws because if Arizona's argument is sound then why bother going back to tweak it like Gov. Brewer wants too? I mean why tweak if there argument is sound??? By the way we need to deport the illegals and at the same time arrest and deny due process those who continue to hire illegals instead of having them pay a fine or a slap on the wrist.

 

[pocketfullofshells]

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

of course the 14th shows the Feds in charge of Immigation...

or do you belive that all states can have there own immigration policy..so some states can just let anyone in if they wish?

 

[ktucan1]

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.

Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.


Here we go the 14th Amendment in all of its glory.


and a bonus.

Immigration

The Constitution never mentions immigration, so how is it that the rules for immigrants, and quotas from countries, are set by the federal government and not by the state governments? After all, as the 10th Amendment states, are the powers not delegated to the United States held by the states, or the people?

The Supreme Court has ruled that the Congressional power to regulate naturalization, in Article 1, Section 8, includes the power to regulate immigration (see, for example, Hampton v. Mow Sun Wong, 426 U.S. 88 [1976]). It would not make sense to allow Congress to pass laws to determine how an immigrant becomes a naturalized resident if the Congress cannot determine how that immigrant can come into the country in the first place.

There is also an argument that immigration is an implied power of any sovereign nation, and as such, the federal government has the power to regulate immigration because the United States is a sovereign nation. While it is true that the United States is a sovereign nation, and it may be true that all sovereign nations have some powers inherent in that status, it is not necessary to determine if immigration is such a power that does not even require constitutional mention, because the Naturalization Clause handles the power.
Thanks to Jason Potkanski for the idea.

 

[PLC1]

The issue of illegal immigration has been ignored for decades. Maybe the states stepping up and enforcing the law themselves will finally get Washington to do what it is supposed to have been doing all this time. At least they're deporting them once they're caught, but do they stay deported, or come right back? Obviously, more needs to be done to protect our national sovereignty, and it needs to be done by the people we've elected to do it.

One of the reasons Rome fell was that they lost control of their borders and had "barbarians" (their word for non Romans) living within their territory.