Quote:
Originally Posted by 1751texan
You misunderatand me. Lets review.
no. 4 is a myth because we know that local law enforcement works with the federal government on immigration issues[287(g)]. That I dont even dispute. That is not the concern with 1070. The concern is NOT that the State of Arizona is enforcing immigration law, it is that the State of Arizona is Writing immigration law. That is the issue, not enforcement.
Now, is it legal for Arizona to write it's own immigration law with no input of the Federal govenment?
Is that Myth? or is it fact?
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States can write laws effecting illegal immigration as outlined in Gonzales Vs City of Peoria
"Under the Court's rationale, state and local governments are constitutionally prohibited from regulating the conditions on legal entrance and residency in the United States, but they may enact otherwise valid regulations that impact immigrants"
Meaning, they can write laws to enforce federal law as long as it does not impead or go against the federal law.
"While the Court recognized that the INA comprehensively regulates immigration and naturalization, it found that Congress did not intend to completely occupy the immigration field to the exclusion of state activity"
practical power of state and local governments to enforce federal immigration laws, The | Brigham Young University Law Review | Find Articles at BNET