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MEMBER DIARY

“What, Didn’t You Read the Memo?”

Eric Holder and Janet Napolitano are not just ignorant of the contents of the Arizona immigration law, but apparently have not looked at a White House position outlined under George Bush in 2005 (and not redacted by the Obama administration, BTW)

The memo concludes that

(1) States have inherent power, subject to federal preemption, to make arrests for violations of federal law. (2) Because it is ordinarily unreasonable to assume that Congress intended to deprive the federal government of whatever assistance States may provide in identifying and detaining those who have violated federal law, federal statues should be presumed not to preempt this arrest authority. This Office’s [of Legal Counsel] 1996 advice that federal law precludes state police from arresting aliens on the basis of civil deportability was mistaken. 3) Section 1252c (basically, arrest and detention of illegals by state authorities to enforce federal law) does not preempt state authority to arrest for federal violations. (Note: its intent has been argued otherwise)

The text of SB1070 states quite cleary:

NO OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR
OTHER POLITICAL SUBDIVISION OF THIS STATE MAY ADOPT A POLICY THAT LIMITS OR
RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL
EXTENT PERMITTED BY FEDERAL LAW.

emphasis mine

In fact, just scanning the text of SB1070 reveals that the entire bill depends on the cooperation between the federal government and the state; the state makes arrests of individuals (made under “lawful contact” and when “reasonable suspicion” exists) and verifies their (non)status as a resident alien or citizen.

THIS….SHALL 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 UNITED STATES
CITIZENS.

What? Due process?! Never heard of it!

With all their degrees and education, Holder and Co. apparently skipped basic reading comprehension.

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