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Greg Siskind on Immigration Law and Policy

ARPAIO: I HAVE THE INHERENT RIGHT TO ENFORCE IMMIGRATION LAWS

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  1. George Chell's Avatar
    ""We have the inherent right to enforce federal immigration law," Mr. Arpaio said. "If Washington doesn't like it, I recommend they change the laws.""

    Absolutely right!
  2. Sid's Avatar
    He may not have the right but I can understand his frustration about Congressional inaction on the issue. The Congress should pass a bill to either legalize immigrants or increase funding for additional resources required to deport violators. If they decide to legalize , people like Arpaio may not like it but they'll be forced to accept the will of the majority.
  3. Jack's Avatar
    8 U.S.C. 1324(c)

    Arpaio might be referring to the "all other officers" language which has always been in the INA and which permits criminal immigration law arrests by state and local officers (provided such arrests are authorized by that state):

    (c) Authority to arrest
    No officer or person shall have authority to make any arrests for a violation of any provision of this section except officers and employees of the Service designated by the Attorney General, either individually or as a member of a class, and all other officers whose duty it is to enforce criminal laws.

    http://www.law.cornell.edu/uscode/8/usc_sec_08_00001324----000-.html


    OR

    8 U.S.C. Sec. 1357(g)

    (10) Nothing in this subsection shall be construed to require an
    agreement under this subsection in order for any officer or employee of
    a State or political subdivision of a State--
    (A) to communicate with the Attorney General regarding the
    immigration status of any individual, including reporting knowledge
    that a particular alien is not lawfully present in the United
    States; or
    (B) otherwise to cooperate with the Attorney General in the
    identification, apprehension, detention, or removal of aliens not
    lawfully present in the United States.


    OR

    The Attorney General's 2002 reference to the OLC Memorandum that
    state and local police arresting aliens who have violated criminal or civil provisions of the Immigration and Nationality Act that render an alien deportable is within the "inherent authority of the states."








  4. Legal and no longer waiting's Avatar
    Jack, we all know you are just as crazy as Arpaio. Real crime must be very low in AZ since Arpaio have all his officers arresting peaceful workers over minor civil violations. Oh, wait, it's not. He is just wasting resources because he hates Mexicans. Nice job!
  5. Jack's Avatar
    Whether you agree with his (or Kobach's) interpretation or not, based on his statements Arpaio believes he is authorized by 'laws'. A Google search for "Arpaio" and "I am the law" yields 23,700 hits--he is not saying that. He believes that he has authority independent of 287(g), albeit lesser. A lot of the people who complain about Arpaio also don't like it when ICE does anything, i.e., they don't like anybody enforcing immigration law, not just federal vs. state or local.
  6. George Chell's Avatar
    They can enforce national immigration laws with federal money..but if they want to pass state laws, they should raise their taxes to pay for it, and not ask the feds to fund it. If the racists including Kris Koblach want to pass state laws, he needs to convince the voters in states such as Texas to raise the state taxes, and not ask me pay for it.
  7. USC's Avatar
    Jack:

    "Arpaio might be referring to the "all other officers" language which has always been in the INA and which permits criminal immigration law arrests by state and local officers (provided such arrests are authorized by that state):"

    From Greg's link:

    "We have the inherent right to enforce federal immigration law," Mr. Arpaio said. "If Washington doesn't like it, I recommend they change the laws."

    As you can see he is not talking about State or Local law but Federal law.

    From the link supplied by you:

    "(c) Authority to arrest
    No officer or person shall have authority to make any arrests for a violation of any provision of this section except officers and employees of the Service designated by the Attorney General, either individually or as a member of a class, and all other officers whose duty it is to enforce criminal laws."

    Clearly, he can't do anything without the AG's designation. Does he also think he has inherent right to enforce Federal Securities Law or Banking regulations? The only inherent right he has, is the right to be a clueless idiot, which I must admit he does rather well!
  8. Rob's Avatar
    But he's not enforcing "criminal laws." Most immigration violations are civil in nature: that's why aliens don't get court sppointed attorneys, etc. The way I read it is that he has the authority to arrest the guy driving the van full of illegal aliens (for alien smuggling), but not the aliens themselves (unless he is authorzied under state law to arrest someone who has committed a misdemeanor outside the presence of the officer without a warrant-for EW.)
  9. Madhra Bhan's Avatar
    As a naturalized United States Citizen, who went through the immigration process the hard, legal, way and took 10 years to get my green card and then citizenship, I fully support the Sheriff in his approach to dealing with illegal immigrants.

    if you want to be here - do it the right way. if you can't - then you don't deserve to be here.
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