Why isn't the DOJ suing sanctuary cities?

[{geek}]

A federal law called the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIR), was passed in 1996. According to the language presented in that law, local governments are required to cooperate with Department of Homeland Security's Immigration and Customs Enforcement (ICE).

Here's a link to a summary of the law:
IIRIRA 96 - A Summary of the New Immigration Bill

I found the following parts of the law, rather interesting:

And the Attorney General will be allowed to also enter into agreements with states allowing state officials to carry out investigations, apprehension and detention of aliens. Such state officials are required to be trained in the enforcement of federal laws.

States are also now eligible for new funds as reimbursement for the incarceration of criminal aliens.

And prior to October 1, 1997, the Attorney General must submit a report to Congress detailing the number of illegal aliens in American prisons for felony convictions and listing the number of incarcerated prisoners for each type of crime.

[Jayarcy]

<<''(g)(1) Notwithstanding section 1342 of title 31, United States Code, the Attorney General may enter into a written agreement with a State, or any political subdivision of a State, pursuant to which an officer or employee of the State or subdivision, who is determined by the Attorney General to be qualified to perform a function of an immigration officer in relation to the investigation, apprehension, or detention of aliens in the United States (including the transportation of such aliens across State lines to detention centers), may carry out such function at the expense of the State or political sub-division and to the extent consistent with State and local law.>>

This merely states that under certain circumstances, approved by the Attorney General, that state and local law enforcement, and employees of the state or subdivision, can perform the duties of immigration officers.

[{geek}]

Originally Posted by Jayarcy

This merely states that under certain circumstances, approved by the Attorney General, that state and local law enforcement, and employees of the state or subdivision, can perform the duties of immigration officers.

Right. So, wouldn't that mean that AZ is within its legal rights to enforce federal immigration laws?

[mauiwowie]

Originally Posted by {geek}

Right. So, wouldn't that mean that AZ is within its legal rights to enforce federal immigration laws?

Not exactly. The entire DOJ case is prefaced on AZ creating their own laws that conflict with Federal laws and their stated objectives.

Limited case law says that states can NOT enforce civil provisions of immigration laws and unlawful presence is a civil infraction.