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It's interesting that the DOJ suit that 'they' keep saying will be filed any second focuses not on 4th amendment or lawful contact issues, but on federal jurisdiction to set immigration policy.
I don't really get that, because the AZ law doesn't set new policy, it's just an attempt to enforce known public policy with state and local agencies. On the other hand, we have California passing the Compassionate Use Act way back in '96 - that puts state law at direct odds with Federal. |
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The timing....it is common practice NOT to file too far in advance, particularly if the fed and the state are privately attempting at some level to reach an agreement on modifications to the law. |
But how does the supremacy issue make any sense here?
That would be like saying that state and local law agencies cannot enforce federal drug laws. But they do. |
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AZ law enforcement officials can and do enforce the federal immigration law, based on language in the federal law and an agreement between the feds and the state. The AZ law goes beyond what that agreement allows under the federal law by criminalizing illegal immigration at the state level. The Supremacy Clause establishes that the federal law always prevails when federal/laws are in conflict. |
Don't states have individual drug laws?
ie. Marijuana is a controlled substance under federal law, but penalties/enforcement for possession vary by state. |
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What the AZ laws does is make illegal immigration a state crime when federal law (and the Constitution?) deems it to be solely a federal crime....that the states can help enforce, but NOT make more restrictive than the federal law. |
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The issue is not state troopers being the ultimate law enforcement agency, but the state legislature and governor enacting a law that says illegal immigration is a state crime...when the Constitution (?) and federal law deem immigration legislation/regulation to be a federal matter...with enforcement support from the state. |
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Supreme Court case, Chy Lung v. Freeman. Quote:
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