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FWIU, if state or local authorities see a federal crime being committed, they can detain the suspect and call federal authorities, so no, I don't think the law usurps the power of the US government.
FWIU, if state or local authorities see a federal crime being committed, they can detain the suspect and call federal authorities, so no, I don't think the law usurps the power of the US government.
Crossing the border, is a crime, being here without documentation is not. Judge Andrew Napolitano Fox News senior judicial analyst said so on Colmes radio show last night.
Crossing the border, is a crime, being here without documentation is not.
That makes no sense. Once the border has been crossed, you are here.
From what I remember, re-entering illegally after having been deported is a felony.
Quote:
Judge Andrew Napolitano Fox News senior judicial analyst said so on Colmes radio show last night.
Okie-doke. I'm guessing what he means is that being in the country illegally (without having been previously deported) is a civil offense. The penalty is deportation. Regardless, this is irrelevant to the question in the OP. AZ is not deporting people.
Crossing the border, is a crime, being here without documentation is not. Judge Andrew Napolitano Fox News senior judicial analyst said so on Colmes radio show last night.
What?!? Is he the non-recessive gene of Janet Napolitainto???
Crossing the border, is a crime, being here without documentation is not. Judge Andrew Napolitano Fox News senior judicial analyst said so on Colmes radio show last night.
I don't think you fully understand. It IS a crime to come here WITHOUT proper paperwork. It is NOT a crime to be here and NOT have the papers ON YOU at all times. But you WILL be detained if you don't offer some sort of proof of identification, either by showing them actual ID or by telling them your name, SS# and DOB, which they WILL check, so if you're lying, you will be arrested.
It is already a federal crime to be in this country illegally, hence the whole premise behind the "illegal immigration" debate. The Arizona law transfers the federal law to apply to the state. Therefore it is illegal by federal statute and also state statute.
A parallel example would be marijuana laws. It is illegal to possess according to federal law, and every state followed suit with their own statutes when marijuana prohibition began. Some states have recently repealed those laws or created exceptions for medicinal marijauna, but it is still illegal at the federal level.
Lets face it, ICE is not going to go after the lone illegal immigrant. They want investigations and raid that net several hundred illegal immigrants. As such, Arizona, which is at the end of a major human trafficking pipeline out of Mexico, has made it against the law to be an illegal immigrant. Therefore local and state police can pursue illegal immigration cases instead of just the feds.
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