Tuesday, April 27, 2010

Question About Arizona's New Illegal Alien Law 

Amidst all the brouhaha and accusations, I've seen nobody addressing the following question:
How, exactly, will the procedures and tactics used by Arizona law enforcement officers under the new law to identify and arrest illegal aliens differ from those already used by US Immigration and Customs Enforcement officers?
Seems to me the answer to that question is important. If the Arizona cops don't do anything differently in identifying and arresting illegal aliens, why is it OK for the ICE officers but not for the Arizona police officers?

I will not buy any answer that's based on ICE being federal and the Arizona cops being state. It's pretty clear on the face of it that the federal government has defaulted on its Constitutional obligation* to defend the borders, so it would seem that Arizona has the right to defend itself against invasion by foreign nationals. (Thank you, Professor Reynolds.)

People have objected to the professor's theory on the grounds that the definition of "invasion" has been settled by Congress and the courts, and it doesn't include gradual and long-term illegal entry by foreigners. However, as a practical matter when citizens are being murdered and other felonies are being committed by drug gang members and just general lowlifes who are in the United States illegally, is the state of Arizona required to sit on its hands and wait for the feds to take action that might never happen?

What about the clause after the invasion clause. Suppose the Arizona Legislature "applied" to the federal government to come in and protect the state of Arizona against domestic violence being perpetrated by the illegals? Back in law school I was taught that the word "shall" connotes a mandatory action. Would the feds do nothing and thus twice violate the same Constitutional section?

Would the intentional failure by a President to defend the border constitute a "high crime or misdemeanor" that would be grounds for impeachment? (Ans.: Not against Obama with the present Congress. - Ed.)

If nothing is done by government the people will take matters into their own hands, and vigilantism would probably be a lot worse for Hispanics, whether here legally or illegally, than anything the Arizona cops (many of whom are Hispanic themselves) would do.

* Art. IV, Section 4 reads in its entirety:
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence. (Emphasis added.)

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