Posts Tagged ‘unconstitutional’

Time for President Obama to Use Executive Authority to Resolve Chaos

Tuesday, August 3rd, 2010

His crime —- walking while “looking Hispanic.”

Trusting local police to enforce federal immigration law is a recipe for disaster and racial profiling.

While Arizona has been getting all the ink, there are 20 other states seriously looking at enacting similar state-based immigration law. The U.S. Federal District Court’s partial grant… of U.S. Department of Justice’s motion for injunction is only a temporary measure. Final court resolution of the Arizona law will not likely be reached until the Supreme Court is asked to weigh-in—- which will likely take the case well into 2011.

The prospect of a patchwork of separate laws across the country dealing with purely federal matters such as immigration is preempted by the Constitution.

The states’ act of desperation is a reflection of the failure of Congress to deal in good faith on immigration reform.

Surely, no matter what happens with the Arizona law, other states will look to pass other versions of their own law — each prepared to challenge the federal government.

In other words — chaos.

A union divided.

The President should not wait any longer for Congress to act on immigration reform.

After so many years have passed with Congressional inaction, it has waived its argument that action must be taken only through Congressional legislation.

National interests demand that President use his executive authority and utilize “parole” power to offer a temporary legal status to those who meet certain criteria — such as paying any back taxes, proof of residing in the U.S. for five years, etc.

Not a green card. Not amnesty. But a temporary status that could provide some the potential future opportunity to adjust to permanent residency (e.g., if they are married to a U.S. citizen

Federal Judge Blocks Key Portions of Arizona Law From Going Into Effect Tomorrow

Wednesday, July 28th, 2010

Breaking News: U.S. Federal District Judge Blocks Key Portions of Arizona Immigration Law

On the eve of the Arizona immigration law going into effect, Judge Susan R. Bolton grants the U.S. Government’s motion for an injunction to stop the following provisions from becoming law in Arizona tomorrow:

“1.) Section 2 of SB …1070: Requiring that an officer make a reasonable attempt to determine the imigration status of a person stopped, detained or arrested if there is a reasonable suspicion that the person is unlawfuly present in the United States, and requiring verification of the immigration status of any person arrested prior to releasing that person;

2.) Section 3 of SB 1070: Creating a crime for the failure to apply for or carry alien registration papers;

3.) Portion of Section 5 of SB 1070: Creating a crime for an unauthorized alien to solicit, apply for, or perforom work; and

4.) Section 6 of SB 1070: authorizing the warrantless arrest of a person where there is probable cause to believe the person has committed a public offense that makes the person removable from the United States”

A copy of Judge’s Order can be found here:

www.azd.uscourts.gov/azd/courtinfo.nsf/983700DFEE44B56B0725776E005D6CCB/$file/10-1413-87.pdf?openelement

The Washington Times reports

“A federal judge in Phoenix on Wednesday blocked sections of Arizona’s new immigration law, saying the provisions place too many burdens on legal immigrants, U.S. citizens and the federal government.

Ruling a day before the law was to go into effect, Judge Susan R. Bolton said requiring police to check the immigration status of those they arrest or whom they stop and suspect are in the country illegally would overwhelm the federal government’s ability to respond, and could mean legal immigrants are wrongly arrested.

“Federal resources will be taxed and diverted from federal enforcement priorities as a result of the increase in requests for immigration status determination that will flow from Arizona,” Judge Bolton wrote in partially granting of the Obama administration’s request to halt implementation the law.

The judge did leave in place requirements that require state officials cooperate with federal authorities to remove illegal immigrants and that allow police to charge vehicles that stop to pick up day-laborers if they impede traffic.”

http://www.washingtontimes.com/news/2010/jul/28/judge-blocks-key-parts-ariz-immigration-law/