Arizona: 2B or not 2B?

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The Supreme Court has ruled on Arizona’s SB1070. Three provisions of the 2010 immigration law were struck down (1) warrantless arrests with “probable cause” of the commitment of a public offense (2) making it a state crime to fail to carry immigration documents (3) forbidding illegal aliens from seeking or performing work.

Section 2B, was allowed to stand. It reads:

B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY
21 OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS
22 STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS
23 UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE,
24 WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THE
25 PERSON’S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT
26 PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).

So, for now, a police officer making a traffic stop can inquire about citizenship if he suspects the person stopped to be an alien. Various immigration and lefty groups have promised to test the law as it is actually applied in day to day enforcement. In other words, every peace officer in Arizona knows all legal hell will break loose if he acts in accordance with Section 2B. The assault on Arizona continues in its efforts to reign in illegal immigration and the crime associated with it. How long before 2B is back in court? Will Arizona even try to enforce it, given all the legal threats?

The Obama administration piled on shortly after the court’s decision was made public by declaring ICE will not be responding to any calls for checks on immigration status unless the suspect has a felony record. Call this a big “up yours” to Arizona and Governor Brewer. It’s Obama, Holder, and Napolitano saying we beat you on three of four and we are effectively nullifying the section left standing. In real life, what the Obama administration has actually done is declare Arizona wide open to Mexican smuggling and human trafficking. The crooks and coyotes must be howling with laughter.

There would have been no need for the Arizona law if the federal government was making a reasonable effort at securing the border. They haven’t been enforcing the law for 25 years. Business wants the cheap labor, the Democrats want the new voters and Republicans have proven gutless. It is a national disgrace, especially with the sky high U.S. unemployment rate. When Arizona tried to act in its sovereign interest, the court slaps them down leaving only the provision allowing inquiry of detainee’s immigration status.

Justice Scalia writing in dissent to the sections struck down:

Calling it an “assault on logic,” Scalia said the Arizona statute is consistent with the “ ‘cooperative’ system that Congress created, for state officials to arrest a removable alien, contact federal immigration authorities and follow their lead on what to do next.”

“And it is an assault on logic to say that identifying a removable alien and holding him for federal determination of whether he should be removed ‘violates the principle that the removal process is entrusted to the discretion of the federal Government,’” Scalia said. __snip__

“If securing its territory in this fashion is not within the power of Arizona, we should cease referring to it as a sovereign state,” Scalia said.

So as Scalia asks, if you can’t defend your borders and protect the jobs of your legal citizens, what does it mean to be a state? Does a state now exist merely to carry out the edicts and administrative orders from a far and distant capitol with which it has little common interest? Is this the way a republic functions? Can the federal government refuse its constitutional duty at great harm to the people and then effectively prevent a state from acting in the self defense of its citizenry. Obama says yes.

Only days before this court decision Obama acted to direct that deportations cease on aliens under the age of 30. He made it up and put it in place a mere 130 days ahead of the election. He did it without congress and in spite of existing law.

Obama is a failed president. His leadership has been disastrous. He has acted as an arrogant and imperial president from the beginning. Now, at the end of his term, Barack Obama has gone rogue.

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texasgalt
Texas native. Conservative small businessman with 31 years experience. Government should roll back the nanny state. No country can tax its way to prosperity. The question isn't who will let me but who will stop me?
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Texas native. Conservative small businessman with 31 years experience. Government should roll back the nanny state. No country can tax its way to prosperity. The question isn't who will let me but who will stop me?

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Vbushmills
June 27, 2012 6:52 am

Pick your analogy, the mafia, the Nazis, Soviets, the regime is trying to signal everyone they will be punished if they follow suite with Arizona. The bigger point is this will all be gone in 9 months, or, it will all rise to armed revolt in the streets anyway. Arizona would be smart to double down. If Ice won’t take their calls, don’t call. Just send a weekly report as to how many illegals are being detained. Can’t deport them? Hell, give them to Colorado. Bus ’em north. Of course Colorado don’t want them either, but maybe Wyoming will take… Read more »