29 July 2010

LEFTIST JUDICIARY IGNORES THE WILL OF THE PEOPLE


Not that the judicial branch of our government has the Constitutional authority to override the will of "We The People". As you undoubtedly know now, U. S. District judge SUSAN BOLTON all but eliminated Arizona's ANTI-ILLEGAL IMMIGRATION LAW, temporarily anyway.

The overwhelming will of "We The People" in Arizona and nationally was to stop illegal immigration and favored . Passage of the law worked before it's effective date of July 29, 2010. By mid-July, 100,000 illegal immigrants had already left Arizona. Just a little tidbit here: According to a Rasmussen POLL posted on May 20, 2010, showed 71% of Arizona voters supported the law with 24% opposing. Consider this: According to the U. S. Census Bureau REPORT from 2008 which is the latest available, 30.1% of Arizona's population is Hispanic. So, there have to be many Hispanics in Arizona who favor it. Kind of knocks a hole in the liberals' "racist" allegations. But then again, that's where the leftists always go when they have nothing to support their position or simply run out of unfounded allegations. No real surprise there, just overworked.

It is quite obvious this ruling politically motivated. Judge Bolton is a former President Clinton nominee. The Democrats are notoriously well-known for appointing left wingnut activists to the courts. I would go so far to guess that Judge Bolton's mind was already made up before the hearing in her court. Next is that Arizona merely copied Federal law. Arizona's law only gave their state and local law enforcement the ability to enforce it. Furthermore, Judge Bolton's ruling was not at all in line with Federal law. Federal law requires immigrants to carry documentation of their immigration status on them at all times. Judge Bolton's ruling gave immigrants permission to not obey Federal law and told law enforcement they have no right to enforce it. Next comes the first few paragraphs of the law:

"Section 1. Intent

The legislature finds that there is a compelling interest in the
cooperative enforcement of federal immigration laws throughout all of
Arizona. The legislature declares that the intent of this act is to make
attrition through enforcement the public policy of all state and local
government agencies in Arizona. The provisions of this act are intended to
work together to discourage and deter the unlawful entry and presence of
aliens and economic activity by persons unlawfully present in the United
States."

"Sec. 2. Title 11, chapter 7, Arizona Revised Statutes, is amended by
adding article 8, to read:

ARTICLE 8. ENFORCEMENT OF IMMIGRATION LAWS
11-1051. Cooperation and assistance in enforcement of
immigration laws; indemnification
A. NO OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR
OTHER POLITICAL SUBDIVISION OF THIS STATE MAY ADOPT A POLICY THAT LIMITS OR
RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL
EXTENT PERMITTED BY FEDERAL LAW.
B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY
OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS
STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS
UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE,
WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THE
PERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT
PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c)."

Notice something? The very last sentence stated the suspect's immigration status will be verified in accordance with already existing Federal law. Here is what that law says:

§ 1373. Communication between government agencies and the Immigration and Naturalization Service

(a) In general
Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or local government entity or official may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual.
(b) Additional authority of government entities
Notwithstanding any other provision of Federal, State, or local law, no person or agency may prohibit, or in any way restrict, a Federal, State, or local government entity from doing any of the following with respect to information regarding the immigration status, lawful or unlawful, of any individual:
(1) Sending such information to, or requesting or receiving such information from, the Immigration and Naturalization Service.
(2) Maintaining such information.
(3) Exchanging such information with any other Federal, State, or local government entity.
(c) Obligation to respond to inquiries
The Immigration and Naturalization Service shall respond to an inquiry by a Federal, State, or local government agency, seeking to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by law, by providing the requested verification or status information.
Click HERE to verify my source which is Cornell University's School of Law.
Here is an excellent discussion about Judge Bolton's ruling entitled, "WHAT JUDGE BOLTON'S INJUNCTION DOESN'T SAY." As you can see, Judge Bolton's ruling has no factual basis whatsoever unless she includes already existing Federal law. That certainly won't happen. A fellow Democrat is in the White House.
There is another matter of much greater importance than the Washington politicians' personal gain from illegal immigrants. That's national security. This is something you will not hear anything about from any of the leftist wingnuts. From fiscal year 2009 through April 2010, according to the Federal Enforcement Integrated Database, 125 people were arrested along the southern U. S. border. Among these were two Syrians, seven Sudanese, and seventeen Iranians. All three nations are classified by the Federal government as state sponsors of terrorism. From what the Federal government classifies as "special interest countries" during the same people, two Afghans, five Algerians, 13 Iraqis, 10 Lebanese, 22 Nigerians, 28 Pakistanis, two Saudis, 14 Somalis, and three Yemenis, were also arrested along the Mexican border. And yes, Arizona had incarcerated in their Florence, Arizona facility 198 illegal Mexican immigrants, 18 Afghan, Iraqi, Iranian, Lebanese, Nigerian, Pakistani, Somalian, Sudanese, and Yemeni illegal immigrants.
Lest you think these illegals from these terrorist nations were just seeking a better life, Texas Border Patrol agents found Arabic clothing patches that read "martyr" and "way to immortality" along with a patch showing a jet flying into a skyscraper.
Still not convinced? A 2006 House Homeland Security Investigations Subcommittee report stated that members of Hezbollah had already entered the U. S. via the southwest border. Click HERE to read the report which includes photos. The report goes into even more detail about the massive quantities of drugs entering the U. S.
The illegal immigrant issue is about far more than poor migrant workers. Border security is of utmost importance in a post-September 11th America.
Judge Bolton was way out of line on this one. The State of Arizona has appealed to the 9th Circuit Court of Appeals. Despite it's typical left-wing extremist rulings, the court has generally made good decisions on immigration. The court will hopefully overturn Judge Bolton.

5 comments:

Gerry said...

I started crying as soon as I started reading your post thinking about the three undercover officers shot down in Arizona last night in an operation at a house of illegal drug activity of course, what else. One is dead, two severely wounded. Officers from all over rushed to the scene. I have called the police so many times to deal with the violent gun play in the Mexican neighborhood where I lived. They always came and they were the only ones offering relief. You could not get the liberal newspapers even to cover the reality of criminal drug activities, and also involving illegals, too, mixed with homegrown, as many did not get green cards. Didn't think they had to. Amnesty again maybe. Those neighborhoods are going to get relief when illegals leave. Can't help it. The next election is Obama's to lose. Too many outrages will just about do it, I think. Thanks for the illumination in this blog entry. I needed this.

Carolyn said...

Dirk, thanks so much for posting this. (BTW, I cried reading Gerry's comment!) There is so much here that stinks, but the last part of your post is what I've been worried about for a long time. I don't have anything against Mexicans or folks from South America anywhere, if they are responsible and respectable (meaning not the drug running, gang, molestors) but I do have a problem with those of Middle Eastern persuasions who are using the open border with Mexico, and disguising themselves to appear hispanic. It shows that this administration in particular, but all the liberals (9th Circus included!) do NOT care about America's safety. It's treasonous, as the main purpose of the federal government is to protect the citizens from threats foriegn and domestic. Thanks to the parasites in Washington who for years have used the hispanic people as political pawns, we have those dangers inside and coming in all the time.
As someone who came here legaly, someone who carries her ID at all times (and for crying out loud! THERE ARE NO "PAPERS"! It's a stinking card!) this frustrates me to NO END! And yes, I know hispanics who are as angry about this as well. God Bless you Dirk, and keep it coming! Lord, I hope people will wake up!

Frances said...

Thanks for posting the text. Clearly the opponents of the legislation have read neither it or the federal law - but we already knew that. The incompetence and apathy of the federal government has long been a threat to our country. I hope people wake up before it's too late.

Heli gunner Tom said...

The old church pastor's wife in Kenosha, WI., is legally here from Canada, and she is working to get her citizenship.... but the ILLEGALS don't even make an attempt to do right. Great article, Dirk!Obama and the Libs are destroying America for sure. Listen to Glenn Beck.

Tom Schuckman
Jesus is Lord.

ADB said...

As a lone voice in the wilderness, from a couple of thousand miles away from the USA, I did get some chills running down my spine at the hyperbole in your post, Dirk.

I agree that there is a serious issue with illegal immigrants in the USA, which previous administrations have failed to address. However imperfect, at least the current administration is trying to do something about it, rather than pretend it isn't there, or be more interested in some god-forsaken dustbowl like Iraq or Afghanistan.

Guido