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Old 12-09-2016, 03:32 PM
 
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Originally Posted by bullandre View Post
Actually, Airborne and others have a strong point. At the end of the day where federal law and state/local laws clash, the fed statute reigns supreme. Note, I'm not saying I agree with turning over the data but the law is the law.
Where is the federal law that makes it illegal for them to destroy the data? So far in this thread I have not seen a link to it. Maybe I missed it.

Perhaps there is one, but it seems unlikely to me that the city didn't have a team of lawyers working on this to make sure there was no federal law that could eclipse the state/local law that allowed them to include the destruction clause.

Also, if it was so easy to fight this destruction clause due to some clear Federal law that eclipses the state/local law, then why didn't the first Staten Island Assemblymember (Assemblywoman Malliotakis) who was the first to get up in arms about this whole thing two years ago get anywhere? article from 2015
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Old 12-09-2016, 03:55 PM
 
Location: Staten Island, NY
7,910 posts, read 6,491,271 times
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Lol the one who called me stupid has no idea how laws are enforced.

What do you think? A computer just triggers when a law is broken and shuts it down? Lol

To enforce federal laws, Obama's justice department must take legal action. That's how it works. Since Obama is a democrat dependent upon the offspring of illegals propping uphis party, obviously that never happened. Just as he refused to defend the Defense of Marraige Act in federal court, another law he disagrees with. Just as his Justice Department has always been anti-2nd Amendment, the second federal law ever passed.
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Old 12-09-2016, 04:46 PM
 
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Quote:
Originally Posted by bullandre View Post
I wasn't even thinking about it from this angle. Yes, these banks would be easy targets for any federal action. However, it seems as if Donald Trump has been softening his stance on illegal immigrants, so I don't see the Bush era raids happening under his watch. He is talking about working out a deal for Dreamers. I'm just curious what he will do after most of those violent illegals are removed


Actually, Airborne and others have a strong point. At the end of the day where federal law and state/local laws clash, the fed statute reigns supreme. Note, I'm not saying I agree with turning over the data but the law is the law. At any rate, ICE don't need this data to weed out illegal immigrants plus Trump won't pursue them aggressively.
Have you seen the people Trump has been appointing to his cabinet? Jeff Sessions? Bannon? The people he's appointing are as right wing you can possibly be! Trump is using less inflammatory language because the ELECTION and the CAMPAIGN is over. That doesn't mean he turned into a nice guy. Obama deported 2 million immigrants, and if you think millions of deportations won't happen under Trump I have a bridge in Brooklyn to sell you.
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Old 12-09-2016, 04:49 PM
 
23,265 posts, read 16,114,118 times
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Quote:
Originally Posted by Henna View Post
Where is the federal law that makes it illegal for them to destroy the data? So far in this thread I have not seen a link to it. Maybe I missed it.

Perhaps there is one, but it seems unlikely to me that the city didn't have a team of lawyers working on this to make sure there was no federal law that could eclipse the state/local law that allowed them to include the destruction clause.

Also, if it was so easy to fight this destruction clause due to some clear Federal law that eclipses the state/local law, then why didn't the first Staten Island Assemblymember (Assemblywoman Malliotakis) who was the first to get up in arms about this whole thing two years ago get anywhere? article from 2015
As there is litigation pending, the city can't destroy the data now UNLESS they win the court case. To do that would be in contempt of court, and de Blasio and certain other officials could indeed end up in jail for defying a court.

Federal laws always supercede state and local laws, and state laws always supercede local laws.
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Old 12-09-2016, 04:50 PM
 
23,265 posts, read 16,114,118 times
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Originally Posted by Kefir King View Post
Were the German banks and libraries complicit in Hitler's identifying Jews?
Clearly they were. And yes it would be easy for the federal government to force banks to comply with identifying illegal immigrants.
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Old 12-09-2016, 04:53 PM
 
23,265 posts, read 16,114,118 times
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Quote:
Originally Posted by Airborneguy View Post
Lol the one who called me stupid has no idea how laws are enforced.

What do you think? A computer just triggers when a law is broken and shuts it down? Lol

To enforce federal laws, Obama's justice department must take legal action. That's how it works. Since Obama is a democrat dependent upon the offspring of illegals propping uphis party, obviously that never happened. Just as he refused to defend the Defense of Marraige Act in federal court, another law he disagrees with. Just as his Justice Department has always been anti-2nd Amendment, the second federal law ever passed.
Which is why it's now in the interest of the Republicans to actually enforce the immigration laws, and Trump has a Republican Congress to boot, and will be appointing a lot of conservative judges.
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Old 12-09-2016, 05:05 PM
 
23,265 posts, read 16,114,118 times
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Quote:
Originally Posted by Henna View Post
The lawsuit cites a state law, not federal.
So then it depends on what the state courts rule. The judge to handle it is a Staten Island judge who will likely rule against de Blasio. De Blasio could appeal, but by the time the next level of court hear's the appeal, Trump will have been sworn in as President and the feds can initiate their own action.

Of course, if the judge rules in favor of de Blasio, THEN he can destroy the data (unless the assemblymen immediately appeal and the courts put a hold on de Blasio's ability to destroy the data). Either way at this point he can only destroy the data if he prevails in court, unless he wants some major consequences to himself.
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Old 12-09-2016, 05:21 PM
 
328 posts, read 231,002 times
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I don't understand why a person who entered the country illegally has a right to stay. If people want open borders, they must elect representatives who will change the law to allow unlimited immigration.

The legislative branch is responsible for passing laws, and the executive branch is responsible for executing the laws. Allowing the executive branch to pick and choose which laws it enforces is a bad policy.
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Old 12-09-2016, 05:51 PM
 
23,265 posts, read 16,114,118 times
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Quote:
Originally Posted by fluttereagle View Post
I don't understand why a person who entered the country illegally has a right to stay. If people want open borders, they must elect representatives who will change the law to allow unlimited immigration.

The legislative branch is responsible for passing laws, and the executive branch is responsible for executing the laws. Allowing the executive branch to pick and choose which laws it enforces is a bad policy.
A person who entered the country illegally does not have the right to say, and you are right about the separation of powers. With that said I think every administration picks and chooses which laws it enforces to some degree.
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Old 12-09-2016, 07:09 PM
 
328 posts, read 231,002 times
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Even if we had unlimited immigration, presumably we would want some screening process to check for infectious diseases, criminal records, gang and terrorist associations. In that situation, people could still be here illegally by bypassing the formal entry process.

In terms of the question about the city destroying IDNYC applications, I am not sure of the legality. It seems to me that state or federal officials have a right to obtain those applications if they suspect that it will lead to people or businesses who have violated the law.

Businesses are not supposed to be hiring people who are here illegally. They are supposed to have every new hire complete an I9 form to prove eligibility to work.
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