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Will SC judicial activists uphold historic federal domain over immigration?


Posted: Apr 23, 2012

The central issue is the Obama administration’s contention that Arizona’s police provisions encroached disruptively on federal terrain. “Arizona has adopted its own immigration policy, which focuses solely on maximum enforcement and pays no heed to the multifaceted judgments” (such as declining to separate children from their parents) that immigration law provides for the executive branch to make.  Will the court allow state and municipal assertion of local biases and prejudices to bypass prosecutorial discretion?

Challenges to SB 1070 have successfully blocked implementation thus far and have been upheld as unsuccessful appeals have made their way through the lower courts. Support for the law’s controversial measures has waned in the interim, particularly among business and agricultural interests which have experienced significant economic impact from the acute labor shortages it has created, as their traditional labor force (both legal and illegal) has abandoned work sites in fear of deportation.  Attempts to replace them with American workers willing to endure a variety of strenuous work conditions have been essentially futile.

At stake here is the viability of conservative strategy of attrition through enforcement, which aims to create difficult and risky conditions for illegal immigrants to live and work in the state that will lead them to “self-deport,” (Romney’s plan).  The intent behind the law, as described by D.A. King, who promoted the law in Georgia, is to create “terror” for them.  Opponents of the bill in Georgia, including self-identified conservatives, support maintaining federal domain over immigration law, warning that smaller farms and business would be forced to shut down.          

http://www.nytimes.com/2012/04/23/us/states-await-supreme-court-hearing-on-arizona-immigration-law.html?_r=1&pagewanted=2

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My 2 cents - me

[ In Reply To ..]
Separating families - why do we worry about people here illegally and separation of their families? There are millions of divorced couples with latchy-key children separated, and we don't worry about them. Men and women go off to war and we don't worry about their separation from their children. Why are we worrying about people who are here illegaly in the first place? We have only so much space to hold all these people looking for a better life and somewhere to sell their drugs. I say, send 'em home and close the borders completely. They are breaking the law, and I have no sympathy for that. If YOU broke the law, you'd be in jail or facing consequences, not getting a free ride, housing, food and medical care here. And that about says it all.

I'm unaffiliated and lean to the left, but - sm

[ In Reply To ..]
I couldn't agree more with your post. I also believe they shouldn't be eligible for government until they become Americans.

The Constitution considers "citizens" as "those persons born or naturalized in the United States." Most people are not even citizens,so I don't understand how they are eligible to get all they're getting from the government.

Nothing is ever just black and white like a lot... - sm

[ In Reply To ..]
of people believe. Until the laws governing citizenship are ammended, children of noncitizens born in the US are citizens. Because of lax inforcement of immigration laws over decades, it is a huge web that is impossible to detangle. In truth, illegals use fake documents to employers and taxes ARE taken out of their pay checks. As well, many pay for health insurance through their employers. Your picture of all illegals sponging off the "system" is inaccurate.
I don't understand your post. - sm
[ In Reply To ..]
I was talking about immigrants that are illegal coming into this country. I made no comment that drew a "picture of all illegals sponging off the 'system'.

In fact, I'm not blaming the illegals at all. If I were an illegal immigrant, I'd definitely try to get into the United States. The multiple reasons are obvious.

My problem is the government and how they fail to secure our borders, and our "lawmakers" who seem to be failing in that regard.

I think we should place a moratorium on ALL immigrants until our government gets its act together, when our roads, bridges and other infrastructure are repaired, when we see how universal healthcare is working out (which doesn't happen totally until 2014), until we can get back on board with a budget that works, and employers who hire these immigrants with the knowledge that they are illegal should be fined and jailed. Until the United States can look at itself in the mirror without laughing out loud at its incompetency, we cannot continue to regard ourselves with such high esteem.

Right now, the only way we can convince some people to be "free" is via a shotgun and/or bomb after we infiltrate and occupy their country, kill their citizens and our soldiers. People can't be "free" but are often left without water and/or electricity (such as the case in Iraq). Afghanistan is a disaster, and we should HELP OUR OWN PEOPLE in this country before being so generous with money we really don't have to spend.

Anyway, if you got the message that I am against all illegals, then I apologize. My problem is with the laws as they are written and lack of enforcement of the ones that are broken.

Great summation - sm

[ In Reply To ..]
We would never get away with what Feds allow illegals to get away with. I am sick of paying for free loaders that are here legally, let alone adding all those breaking the law that here as illegal aliens. Get rid of them all.

This 2 cents isn’t worth - a plug nickel.

[ In Reply To ..]
Divorce and enlistment into the armed services are choices made and actions taken by the adults in those circumstances. The government does not impose those separations onto the children caught up in those circumstances. In both cases, parents are still able to take direct responsibility for feeding, clothing, sheltering, educating and nurturing those kids. Neither scenario has the potential of leaving a child in the position to fend for itself. In some cases, those children fortunate enough to have extended family or friends simply end up in households where adults have no legal status. The only thing that changes for them is the absence of their parents. Those not so lucky face a far more dire fate.

I’ll not dignify your assertions that illegals come here “to sell their drugs” and get “a free ride, housing, food and medical care” with a comment, other than to suggest that they are a prime example of why the SC should not “allow state and municipal assertion of local biases and prejudices to bypass prosecutorial discretion” and flout laws, policies and procedures already on the books. One does not have to look further than the Elian Gonzalez debacle to understand how extreme it can get when bigotry and ethnocentric attitudes are injected into immigration/deportation outcomes.

Absent from your line of thinking are the rights of people who are here legally, naturalized citizens and natives, not to be subjected to arbitrary detainment based strictly on physical appearance that is inherently sanctioned in laws such as SB 1070. I have every right to “worry” about them. My son, who was born and raised in the US, has already been subjected to such actions on numerous occasions without such laws in place, and I shutter to think what his life (and my husband’s, who has refugee status) would be like should such laws be enacted in my state. Racial profiling is NOT the answer.

Even Governor Rick Perry, as conservative as he is, draws a line when it comes to children: “If you say that we should not educate children who have come into our state for no other reason than they’ve been brought there by no fault of their own, I don’t think you have a heart.” Folks like you would have us believe that border security is the be-all-and-end-all in this debate, and that basic human rights do not factor into this equation. Existing laws tell us that is not the kind of country we live in. After all, your argument DOES revolve around letter-of-the-law enforcement, doesn't it? The current SC debate and the decision it renders will determine whether or not federal dominion over immigration law will prevail.

Beyond those considerations are the unfeasible dollar-and-cents aspects of mass deportation, something that appears to be off your radar screen entirely. I say this law (SB 1070) is already broken and that your narrow-minded argument does not even begin to address the litanyof issues that surround the immigration debate.

Just some of my wacky thoughts! - Trigger Happy

[ In Reply To ..]
I don't have a problem with Arizona having laws that mirror our federal laws. Also, I would like to mention that I think it would be an extremely large amount of money to deport all illegal immigrants. I'm against illegal immigration and I'm against amnesty because that does nothing but reward crime and encourage more to break our immigration laws. It is also highly unfair to those who are actually trying to become citizens legally.

So how about this....instead of deporting illegals...that is unless they are criminals...I think you HAVE to deport the criminals. But the rest of them who are just here trying for a better life....how about we just charge them a penalty. Once they pay that penalty, they can become legalized. I don't want to see families separated and yet I don't think it is fair that they are breaking the law and we are looking the other way and allowing that. Make them pay a fine, make employers of illegals pay a big fine...but I just don't think we can afford to round up illegals and deport them. We can't just give them amnesty either though.

Instead of attacking each other over this issue, we really need to look at the bigger picture. How can we stop illegal immigration while making the immigration process a bit easier so more will do it the legal way. Just a thought.

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