If all immigration issues are a Federal issue, why isn't Obama suing San Fran? (illegal aliens, laws)
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Because San Francisco's case, and Arizona's case are DIFFERENT, that's why !! You'll just have to take my word....you probably wouldn't understand, but believe me, it's different !..... (sigh)
The basis of the federal case against Arizona is that -the way US immigration law is written - illegal entry is a felony but illegal presence is a civil violation. Arizona's new law treats the civil violation as a felony. Many believe that illegal presence should be a felony but right now it isn't. Democrat and Republican Congress's have had decades to change this but they haven't. From a legal viewpoint & based on legal precedents I expect the feds to win their case.
The basis of the federal case against Arizona is that -the way US immigration law is written - illegal entry is a felony but illegal presence is a civil violation. Arizona's new law treats the civil violation as a felony. Many believe that illegal presence should be a felony but right now it isn't. Democrat and Republican Congress's have had decades to change this but they haven't. From a legal viewpoint & based on legal precedents I expect the feds to win their case.
Where in the Arizona law does it declare that illegal presence is a felony? Once an illegal is caught they are turned over to ICE to deal with so what are you talking about?
The basis of the federal case against Arizona is that -the way US immigration law is written - illegal entry is a felony but illegal presence is a civil violation. Arizona's new law treats the civil violation as a felony. Many believe that illegal presence should be a felony but right now it isn't. Democrat and Republican Congress's have had decades to change this but they haven't. From a legal viewpoint & based on legal precedents I expect the feds to win their case.
So, if someone breaks into a bank at night that illegal entry can be a felony. However, if the thief steals any money that should just be a civil violation?
Sounds about right to me. If immigration laws can be so utterly stupid then why not all others?
So, if someone breaks into a bank at night that illegal entry can be a felony. However, if the thief steals any money that should just be a civil violation?
Sounds about right to me. If immigration laws can be so utterly stupid then why not all others?
AZ is enforcing the law. SF is breaking it.
I'm not saying I agree with the law but that is what it is. Using your analogy it's the difference between breaking-and-entering (felony) and trespass (misdemeanor depending on the circumstances -felony if you steal something).
Quote:
AZ is enforcing the law
That is the basis of the federal case - Arizona can enforce federal criminal law but not federal civil violations. Arizona will lose this one. Elect someone who will change the law.
"If the law supposes that ....the law is a ass—a idiot. If that’s the eye of the law, the law is a bachelor; and the worst I wish the law is that his eye may be opened by experience—by experience." - Mr Bumble
I'm not saying I agree with the law but that is what it is. Using your analogy it's the difference between breaking-and-entering (felony) and trespass (misdemeanor depending on the circumstances -felony if you steal something).
That is the basis of the federal case - Arizona can enforce federal criminal law but not federal civil violations. Arizona will lose this one. Elect someone who will change the law.
"If the law supposes that ....the law is a ass—a idiot. If that’s the eye of the law, the law is a bachelor; and the worst I wish the law is that his eye may be opened by experience—by experience." - Mr Bumble
I understand. However, it is pretty damn stupid to say that entering our country illegally is a felony, yet "being here" is a misdemeanor. If one is a FELON for entering the country, then one is still a FELON for being here!
(I know you don't make the law or agree with it. I am just stating my viewpoint.)
I'm not saying I agree with the law but that is what it is. Using your analogy it's the difference between breaking-and-entering (felony) and trespass (misdemeanor depending on the circumstances -felony if you steal something).
That is the basis of the federal case - Arizona can enforce federal criminal law but not federal civil violations. Arizona will lose this one. Elect someone who will change the law.
"If the law supposes that ....the law is a ass—a idiot. If that’s the eye of the law, the law is a bachelor; and the worst I wish the law is that his eye may be opened by experience—by experience." - Mr Bumble
I think you need to read Az1070. They are making it a state crime to be in their state. Nothing about not being able to enforce Fed civil violations. And all cases go to ICE. San Francisco is refusing to enforce a Fed law. Hummmmm....
The basis of the federal case against Arizona is that -the way US immigration law is written - illegal entry is a felony but illegal presence is a civil violation. Arizona's new law treats the civil violation as a felony. Many believe that illegal presence should be a felony but right now it isn't. Democrat and Republican Congress's have had decades to change this but they haven't. From a legal viewpoint & based on legal precedents I expect the feds to win their case.
Would you mind posting the “felony” section of the bill? I read SB 1070, but I don’t recall seeing it. I have heard several people claim it also “legalizes racial profiling.” I also missed that. Perhaps they're in the same section.
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(sigh)
