As we know by now, there is great consternation in the land due to Arizona’s racist law SB1070 that seeks to enforce the laws of the United States against illegal immigration. I mean, just read these words of hate from the Fact Sheet:
Requires the act to be implemented in a manner consistent with federal laws regulating immigration, protecting the civil rights of all persons and respecting the privileges and immunities of U.S. citizens.
Wow. You can just feel the hatred, can’t you?
And now we know that President Obama plans to bring a lawsuit against Arizona to deter the racist Klansmen in control of the state from enforcing SB1070, which would force police officers and government employees in Arizona to help enforce Federal immigration law. We can’t have that now. It violates the doctrine of pre-emption for one thing, and the Supremacy Clause prohibits it.
Apparently, a better example to follow is the City of Philadelphia, whose mayor and police chief recently announced that Brotherly Love extends to those unfortunate “undocumented workers” who happen to find themselves somehow in their metropolis. In fact, Philadelphia is so loving and so concerned about the poor undocumented workers that it will stop sharing arrest data with los Federales:
Philadelphia is expected to end the arrangement that permits federal immigration agents to scrutinize the city’s computerized list of arrests, including country of origin and other data, Everett Gillison, the deputy mayor for public safety, said Sunday.
So it is that in the City of Brotherly Love, an undocumented worker may get arrested for some crime or another (“minor crimes” according to the unnamed immigrant advocates in the news story) without fear of deportation. Whew! Civil rights has been saved again! Of course, arrest data might include more serious crimes, but that’s no reason to violate a citizen’s, oops, I meant currently undocumented but future citizen’s civil rights. Because deportation — the penalty for the original law broken (that being the Federal immigration laws) — is too harsh a punishment for a “minor crime”. The “minor crime” overwrites the original crime, you see? Don’t you?
As of yet, there is no report that the Obama Administration will bring a lawsuit against Philadelphia for upsetting its “carefully balanced” immigration policy through its act of refusal to cooperate with Federal authorities. It appears that at least according to the Obama Administration (and “immigrant advocates”), the Supremacy Clause only works to strike down enforcement of laws that the Federal Government is supposed to enforce. But if a municipality refuses to work within the scheme of Federal regulation, then the Supremacy Clause is entirely silent.
What lesson might be drawn from these seemingly related developments? I draw two.
First, asking the Government workers to, you know, do the job for which they are paid — like enforcing laws they are hired to enforce — immediately triggers the Supremacy Clause. But refusing to cooperate with them so that they can’t actually do their job is A-OK re: pre-emption.
Second, Arizona should immediately replace SB1070 with a far simpler law: When a person is found to be on Arizona soil illegally, he or she should be sent immediately to Philadelphia.
In other words, instead of trying to assist the Federal ICE people to do their jobs, Arizona should assist the City of Philadelphia in its efforts to prevent the Federal Government from doing its job. I’m sure the suffering undocumented workers would be glad to be out of the racist hellhole that is Arizona, and the loving people of the City of Brotherly Love would, I’m sure, be happy to welcome them with open arms… and protection from the evil Federales.
Everyone, I’m sure, will be happy with this arrangement. The illegals, I mean, “undocumented future Americans” will be out of a shameful racist environment. The citizens of Philadelphia can feel great about themselves for upholding the principles of civil rights. Federal ICE agents can continue to draw a salary for not doing the work they were hired to do. Arizona can stop inflicting the horrific penalty of deportation, unless of course you think that being sent to Philly is punishment…. And the White House can relax, knowing that Arizona, far from violating the Supremacy Clause, is cooperating with Philadelphia to subvert the entire immigration scheme.