Tuesday, February 1, 2011

More On The Obama Administrative Amnesty

The evidence of the Obama administrative amnesty continues to roll in. This time from Austin, MN. But here we have an interesting mix of Immigration and Customs Enforcement non-feasance and local ignorance.

First the ignorance:

When it comes to enforcing illegal immigration laws, Sheriff Terese Amazi’s hands are tied.

We cannot enforce immigration laws,” Amazi said. “We can enforce forgery … and violation of state law, but there is no state law that allows us to enforce immigration status. Period.”

Amazi said because immigration laws are under federal jurisdiction and are not handled by state and local authorities, she and her deputies, along with the Austin Police Department, are unable to investigate potential illegal immigrants. This means local authorities are powerless when it comes to conducting raids on Hormel Foods Corp., Quality Pork Processors, Inc. and other businesses where undocumented workers are frequently discovered, she said.

“When people think you can (do a raid) and you can’t, it’s very frustrating,” Amazi said...

According to Assistant Mower County Attorney Jeremy Clinefelter, the implementation of a state law enforcing immigration would be unconstitutional...

And this humdinger:

States cannot enter into foreign policy, and immigration is a component of foreign policy, he said.

It should be pointed out the obviously ill-informed Sheriff Amazi that States and their political subdivisions do have the authority to enforce immigration laws.

It appears that County Attorney Clinefelter is a really bad lawyer and one with his level of ignorance of the law and precedent decisions by the U.S. Supreme Court should be disbarred.

First, the U.S. Department of Justice issued an opinion that States have inherent authority to enforce federal law. Obviously the opinion of the Attorney General is determinative and Clinefelter's claim that immigration law is part of the foreign affairs authority of the federal government is sheer ignorance. Immigration law is exercised under Article I of the Constitution, not Article II, where the power of foreign affairs is enumerated.

And, of course, U.S. Courts of Appeal and the U.S. Supreme Court have ruled on numerous occasions that States can enforce federal immigration law, as in De Canas v. Bica and Muehler et al. v. Mena.

Now the ICE non-feasance:

“We’ve sat down with Immigrations and Customs Enforcement (ICE) and they’ve said, ‘We won’t do a raid. Period,’” she added...

Amazi said ICE places holds on inmates in a sporadic manner.

“There’s no set criteria that I’m able to put my finger on,” she said. “It’s selective. There’s certain people they’ll take and some they won’t.”

ICE Spokesman Shawn Neudauer confirmed there are no standards for placing a hold on someone. He said everything is handled on a case-by-case basis.

ICE and the Regime have clearly stated that seeing that the laws of the United States are faithfully enforced is not their policy. Immigration laws are enforced haphazardly and unequally. Some illegals are deported, some are allowed to remain. And clearly the reason is that the Regime wants as many illegal aliens here as possible to lobby for and receive amnesty.

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