9 States Back Arizona Immigration Law Against Feds

DETROIT — States have the authority to enforce immigration laws and protect their borders, Michigan Attorney General Mike Cox said Wednesday in a legal brief on behalf of nine states supporting Arizona's immigration law.

Cox, one of five Republicans running for Michigan governor, said Michigan is the lead state backing Arizona in federal court and is joined by Alabama, Florida, Nebraska, Pennsylvania, South Carolina, South Dakota, Texas and Virginia, as well as the Northern Mariana Islands.

The Arizona law, set to take effect July 29, directs officers to question people about their immigration status during the enforcement of other laws such as traffic stops and if there's a reasonable suspicion they're in the U.S. illegally.

President Barack Obama's administration recently filed suit in federal court to block it, arguing immigration is a federal issue. The law's backers say Congress isn't doing anything meaningful about illegal immigration, so it's the state's duty to step up.

"Arizona, Michigan and every other state have the authority to enforce immigration laws, and it is appalling to see President Obama use taxpayer dollars to stop a state's efforts to protect its own borders," Cox said in a statement.

Arizona's Republican Gov. Jan Brewer, in a statement released by Cox's office, said she was thankful for the support.

In a telephone interview, Cox said the nine states supporting Arizona represents "a lot of states," considering it was only Monday that he asked other state attorneys general to join him. The brief was filed in U.S. District Court in Arizona on the same day as the deadline for such filings.

"By lawsuit, rather than by legislation, the federal government seeks to negate this preexisting power of the states to verify a person's immigration status and similarly seeks to reject the assistance that the states can lawfully provide to the Federal government," the brief states.

The brief doesn't represent the first time Cox has clashed with the Obama administration. Earlier this year, he joined with more than a dozen other attorneys general to file a lawsuit challenging the constitutionality of federal health care changes signed into law by the Democratic president.

Like with his stance on health care, the immigration brief again puts Cox at odds with Democratic Michigan Gov. Jennifer Granholm. Granholm, who can't seek re-election because of term limits, disagrees with the Arizona law, her press secretary Liz Boyd said. The Michigan primary is less than three weeks away on Aug. 3.

"It's a patently political ploy in his quest for the Republican nomination for governor," Boyd said.

Comments

[Thomas Keim]

02:52 PM on 08/04/2010

do to the column being too long i had to cut and paste in diffrent lenghts obama knows this but he doesnt share it with the people of the usa ? send a copy to him get answers support illegal immigration arizona law mexico does

[Thomas Keim]

02:49 PM on 08/04/2010

by the Washington, D.C.-based Center for Security Policy. There’s been no public clamor for “comprehensive immigration reform” in Mexico, however, because pro-illegal alien speech by outsiders is prohibited.

Consider: Open-borders protesters marched freely at the Capitol building in Arizona, comparing GOP Gov. Jan Brewer to Hitler, waving Mexican flags, advocating that demonstrators “Smash the State,” and holding signs that proclaimed “No human is illegal” and “We have rights.”

But under the Mexican constitution, such political speech by foreigners is banned. Noncitizens cannot “in any way participate in the political affairs of the country.” In fact, a plethora of Mexican statutes enacted by its congress limit the participation of foreign nationals and companies in everything from investment, education, mining and civil aviation to electric energy and firearms. Foreigners have severely limited private property and employment rights (if any).
c

[Thomas Keim]

02:48 PM on 08/04/2010

Document fraud is subject to fine and imprisonment; so is alien marriage fraud. Evading deportation is a serious crime; illegal re-entry after deportation is punishable by ten years’ imprisonment. Foreigners may be kicked out of the country without due process and the endless bites at the litigation apple that illegal aliens are afforded in our country (see, for example, President Obama’s illegal alien aunt — a fugitive from deportation for eight years who is awaiting a second decision on her previously rejected asylum claim).

– Law enforcement officials at all levels — by national mandate — must cooperate to enforce immigration laws, including illegal alien arrests and deportations. The Mexican military is also required to assist in immigration enforcement operations. Native-born Mexicans are empowered to make citizens’ arrests of illegal aliens and turn them in to authorities.

– Ready to show your papers? Mexico’s National Catalog of Foreigners tracks all outside tourists and foreign nationals. A National Population Registry tracks and verifies the identity of every member of the population, who must carry a citizens’ identity card. Visitors who do not possess proper documents and identification are subject to arrest as illegal aliens.

All of these provisions are enshrined in Mexico’s Ley General de Población (General Law of the Population) and were spotlighted in a 2006 research paper published

[Thomas Keim]

02:45 PM on 08/04/2010

osted in: ImmigrationThe Mexican government will bar foreigners if they upset “the equilibrium of the national demographics.” How’s that for racial and ethnic profiling?

– If outsiders do not enhance the country’s “economic or national interests” or are “not found to be physically or mentally healthy,” they are not welcome. Neither are those who show “contempt against national sovereignty or security.” They must not be economic burdens on society and must have clean criminal histories. Those seeking to obtain Mexican citizenship must show a birth certificate, provide a bank statement proving economic independence, pass an exam and prove they can provide their own health care.

– Illegal entry into the country is equivalent to a felony punishable by two years’ imprisonment.

[Thomas Keim]

02:43 PM on 08/04/2010

How Mexico treats illegal aliens
by Michelle Malkin
Creators Syndicate
Copyright 2010

Mexican President Felipe Calderon has accused Arizona of opening the door “to intolerance, hate, discrimination and abuse in law enforcement.” But Arizona has nothing on Mexico when it comes to cracking down on illegal aliens. While open-borders activists decry new enforcement measures signed into law in “Nazi-zona” last week, they remain deaf, dumb or willfully blind to the unapologetically restrictionist policies of our neighbors to the south.

[Thomas Keim]

02:37 PM on 08/04/2010

Police state: How Mexico treats illegal aliens
By Michelle Malkin • April 28, 2010 12:36 AM
This is what a “police state” looks like

My syndicated column today responds to Mexican President Felipe Calderon’s demagoguery on Arizona’s immigration enforcement law. Calderon has a long history of bashing the U.S. — and then getting rewarded for it with billions of dollars in foreign aid (see here, here, and here).

I reported on Calderon’s aggressive meddling on behalf of illegal aliens through his government consulate offices in America here. Heather Mac Donald published a thorough investigation of the Mexican government meddle-crats here. Allan Wall has reported on it for years. Mike Sweeney, an Arizona Republic letter-writer underscores my column theme today:


“Having traveled into Mexico last year to various cities on the Baja Peninsula, a distance of more than 1,000 miles round-trip, we were stopped more than 20 times at various checkpoints. At most of those stops, we were told to exit the vehicle and we were subjected to rigorous inspections. Where does Mexican President Felipe Calderón get off with his hypocritical outrage at our Senate Bill 1070?”

[StarsandStripes123]

11:15 AM on 07/30/2010

http://www.cafepress.com/CrazedClothing.461032920

Sneaking in is not Immigration!!

[hmp49]

02:32 AM on 07/26/2010

States and localities CAN enforce existing federal statutes. This has been the law for 4 years already:

The Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA), effective September 30, 1996, added Section 287(g), performance of immigration officer functions by state officers and employees, to the Immigration and Nationality Act (INA). This authorizes the secretary of the U.S. Department of Homeland Security (DHS) to enter into agreements with state and local law enforcement agencies, permitting designated officers to perform immigration law enforcement functions, pursuant to a Memorandum of Understanding (MOU), provided that the local law enforcement officers receive appropriate training and function under the supervision of sworn U.S. Immigration and Customs Enforcement (ICE) officers.

http://www.ice.gov/doclib/pi/news/factsheets/060816dc287gfactsheet.pdf

[alpina]

05:43 PM on 07/25/2010

This happens to be the ONLY (quasi) pro 1070 article on the entire first page of the illegal immigration subject page. And yet, the law is supported by an almost 8 to 2 margin, not just in Arizona but across the entire country. I would prefer to see a more balanced, thoughtful and unbiased reporting of this topic.

[Barbarossa1299]

08:15 PM on 07/23/2010

You know when the Northern Mariana Islands throws the BS flag it has got to be getting deep.

[Jefferson78]

08:26 PM on 07/21/2010

Gotta like a law that works. Many illegals are moving out of Arizona. Hope my state passes a similar law soon.

[RetiredArmy04]

03:52 PM on 07/25/2010

Mine too, hopefully.

[Patrick Wingfield]

02:34 AM on 08/02/2010

I know, don't you hate those mexican speaking, inferior race peoples? It takes almost 20 minutes to get through that line at wally world.

How about we make them citizens so that companies have to abide by minimum wage and labor laws? Not just complain that they are taking up all your white person space. No person is illegal.

[Peter007]

01:02 PM on 07/20/2010

States should not be enforcing Federal Law. The primary reason is that states are not paid to enforse laws they didn't make. Another reason is that state and local police are not experts with Federal Statutes. Most local cops think that being in the country without proper papers is a crime.
They would be mistaken and as such, they would not have authority to detain anyone.
The US Constitution clearly states that the Federal Government sets Immigration and Nationalization laws.
The Constitution also doesn't allow states to make treaties with foreign countries like North Korea or Vietnam either.

[spytheweb]

01:22 PM on 07/20/2010

"Under Title 8 Section 1325 of the U.S. Code, "Improper Entry by Alien," any citizen of any country other than the United States who:

* Enters or attempts to enter the United States at any time or place other than as designated by immigration officers; or
* Eludes examination or inspection by immigration officers; or
* Attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact;

has committed a federal crime.

Violations are punishable by criminal fines and imprisonment for up to six months. Repeat offenses can bring up to two years in prison. Additional civil fines may be imposed at the discretion of immigration judges, but civil fines do not negate the criminal sanctions or nature of the offense."

[spytheweb]

01:23 PM on 07/20/2010

"The US Constitution clearly states that the Federal Government sets Immigration and Nationalization laws."

The Constitution does not mention immigration. It does not specify rules for immigration. Article I, Section 8 says: “(Congress shall have the power) To establish a uniform Rule of Naturalization,” not regulate or enforce (or not enforce) immigration.

Period.

Beyond that the reader needs to drop down to the 10th Amendment. It reads: “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.”

In short, dealing with “illegal immigrants” (trespassers) is a duty reserved for the states, not the federal government.

But if you follow the corporate media you wouldn’t know this. You’d think the Constitution protects illegal immigrants.

[Peter007]

01:38 PM on 07/20/2010

You just made my point. People don't understand immigration law. The above stature refers to the act of entering the US, not the act of " being" in the US.
There is no way of knowing or proving if an undocumented person entered the US illegally.
So throw that paragraph away because even federal ICE agents don't put people in Jail.

[Please-Play-Fair]

01:37 AM on 07/22/2010

When the feds aren't doing their job ... what do you recommend that states do? Sue the federal government for not doing their job? That will get them absolutely nothing.

[leonel]

07:04 PM on 07/17/2010

(WE ALREADY KNOW WHAT IS GOING TO HAPPEN.)

"OK, MR. O, IF YOU SAY SO."

AG Holder is making Obama Administration radioactive. In the hands of other people now.... Losing control.....

But it's O's modus operandi to just fly over the tree and roof tops. Not a conscious habit but part of persona. Has always worked in the past to go out on a limb and be ready to reconcile, compromise, explain. Get people to understand what is good for everyone.

Works most of the time and very likely to continue working. This is very insightful, not being optimistic, because problems are big and even bigger ones loom ahead. Lawsuits over immigration will force action to go ahead and get beyond the bottleneck. Also sort of gets it beyond the emotional and partisan quagmire it is in.

Obama has this knack, like Reagan and Bill Clinton, of getting people to say, "OK, if you say so."

[ADVOCATE4ZPG]

12:26 AM on 07/22/2010

....then WHY does the latest CBS News Poll reveal 74% (....nearly three-quarters!!!) of the U.S. electoral support of SB1070--if not something more trenchant!!!

Obama has backed himself into an unfortunate, political corner....

[Please-Play-Fair]

01:40 AM on 07/22/2010

I am a conservative and a republican ... and I don't blame Obama. Bush failed miserably so shame on him and the repubs. But unfortunately, it's now front and center and Obama has to do something. The issue continues to get worse and the recession has brought more heat on the situation. Sorry Mr President, but you have to clean this up.

[reg4321]

05:56 PM on 07/17/2010

God bless the other 9 states who are following Arizona's example.

[ADVOCATE4ZPG]

12:27 AM on 07/22/2010

That figure could rise to 20.....!

[Please-Play-Fair]

01:40 AM on 07/22/2010

applause

[Patrick Wingfield]

02:27 AM on 08/02/2010

Every once and awhile I'm ashamed I live in Virginia. This is one of those times.

[jerryab]

04:46 PM on 07/17/2010

State law applies to the state--and can not interfere with federal law. Thus, states can pass laws identifiying who may work in the state--and then enforce those laws against employers in that state who employ illegal aliens (because the employers have the choice to hire legal workers and they CHOOSE to not do so). What is MISSING FROM in the cited ruling is the granting of any state authority over any federal immigration matter.