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Greg Siskind on Immigration Law and Policy

WHAT IF ICE REFUSES TO COOPERATE?

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The Arizona Republic discusses the intriguing question of what happens if Immigration and Customs Enforcement simply says no thanks when Arizona police call them:



Arizona's tough new immigration
law is slated to take effect Thursday, but the nation's immigration
enforcement agency has not indicated whether it will cooperate with
police who are trying to enforce it.


Without cooperation from Immigration and Customs Enforcement, much of
the law would become unenforceable: Police would have no way of
determining, from federal authorities, the legal status of suspected
illegal immigrants as the state law requires. And that would severely
hamper efforts to arrest them for violations of the law.

As a result, local police officers might have to release suspected illegal immigrants if they can't determine their status.


"If the Department of Homeland Security says, 'SB 1070 is
unconstitutional, don't cooperate,' . . . then much of what is going on
here shuts down. Not necessarily all of it, but a lot of it," said
Gabriel Jack Chin, a University of Arizona criminal-law professor who
co-authored a legal analysis of the law.

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Comments

  1. Another Voice's Avatar
    I am sure that AZ would make a media show out of this in order to put pressure....but I guess you can always count on government inefficiencies to blame for delays!!!
  2. My 2 cents's Avatar
    I don't think there would be a ruling on SB 1070 before the law goes into effect on the 29th.
  3. Another Voice's Avatar
    It's amazing to me that in the US we prefer to go thru all this trouble rather than fixing what is broken and address all issues at once......
  4. Jim's Avatar
    Everyone is fleeing as expected. Base on some of the comments, it seems for some reason they didn't expect legals to be leaving as well. I bet they also didn't realize how many small businesses will close because of this.


    http://news.yahoo.com/s/nm/us_usa_immigration_arizona
  5. USC's Avatar
    "I don't think there would be a ruling on SB 1070 before the law goes into effect on the 29th."

    Originally, the People had proposed a schedule, wherein the briefing and oral arguments would only have been completed 60 hours prior 7/29. Judge Bolton said that schedule was "laughable". Whereupon, the United States agreed to waive their right to file a reply. Bolton, then moved the hearing up to 7/22, presumably to give herself time to write a decision. Moreover, she has a duty to render a decision promptly because if she is going to rule against the People she should not deprive them of their right to seek an injuction from the NCCOA.
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