PostmodernProphet
fully immersed in faith..
that would be so cool....when can we start.....
California lawmakers pass Sactuary State bill
- Thread starter Irish
- Start date
that would be so cool....when can we start.....
PostmodernProphet
fully immersed in faith..
I would much rather be accepted by them than excepted.....but that's the way Bill rolls.....
If that's all it took; then I accept your concession, regarding Federal law "Trumping" State law.
I note your inability to cite the law that requires locals to perform the duties of federal immigration authorities.
Buh-bye
USFREEDOM911
MAKE AMERICA GREAT AGAIN
I noticed you inability to address the FACT that no State can pass a law that violates Federal law
Sorry to hear you're leaving.
cancel2 2022
Canceled
Yes that's a good idea and we should get Wee Jimmy Krankie to pay for it!When is a fence a wall?
USFREEDOM911
MAKE AMERICA GREAT AGAIN
And what is the Federal law that addresses this??
Claiming everything is a 'Non-answer.' New tactic from LOW IQ people.
lol
It's a simple question that none of you right-tards have answered. Hence, the "non-answer", you stupid fuck. We can try again.
What federal law requires local PDs to perform the duties of federal immigration authorities?
USFREEDOM911
MAKE AMERICA GREAT AGAIN
Not really; but it is the go to response when they are scared to discuss a topic, especially when it destroys their dreams.
USFREEDOM911
MAKE AMERICA GREAT AGAIN
What happens when a state law contradicts a U.S. federal law?
...State laws only govern the citizens within a particular state, but federal laws apply to all U.S. citizens. When state and federal laws clash, think of the federal law as the trump card. In theory, a state law that goes against federal law is null and void, but in practice, there's a bit more of a gray area. What it really comes down to is enforcement.
If a state defies federal law, but the federal government doesn't enforce its law in that state, is federal law really the trump card?...
The Doctrine of Pre-emption and The Supremacy Clause
...The law that applies to situations where state and federal laws disagree is called the supremacy clause, which is part of article VI of the Constitution. The supremacy cause contains what's known as the doctrine of pre-emption, which says that the federal government wins in the case of conflicting legislation. Basically, if a federal and state law contradict, then when you're in the state you can follow the state law, but the fed can decide to stop you.
The operative term here, though, is "can."...
Another non-response to the question. Cut-and-paste the Constitution all you want, dimwit. You still haven't found the code that requires locals to perform the duties of the Feds.
He just found it, yet you still claim a non-answer. I reject your premise.
Now you are attempting to reframe the debate. No one said they are required to perform all their duties, but they are required to notify them when a federal law is violated.
Again. LOW IQ.
USFREEDOM911
MAKE AMERICA GREAT AGAIN
What happens when a state law contradicts a U.S. federal law?
...State laws only govern the citizens within a particular state, but federal laws apply to all U.S. citizens. When state and federal laws clash, think of the federal law as the trump card. In theory, a state law that goes against federal law is null and void, but in practice, there's a bit more of a gray area. What it really comes down to is enforcement.
If a state defies federal law, but the federal government doesn't enforce its law in that state, is federal law really the trump card?...
The Doctrine of Pre-emption and The Supremacy Clause
...The law that applies to situations where state and federal laws disagree is called the supremacy clause, which is part of article VI of the Constitution. The supremacy cause contains what's known as the doctrine of pre-emption, which says that the federal government wins in the case of conflicting legislation. Basically, if a federal and state law contradict, then when you're in the state you can follow the state law, but the fed can decide to stop you.
The operative term here, though, is "can."...
That cut-and-paste? Just fucking priceless!
That says NOTHING about locals performing the duties of the Feds.
The desperation and illiteracy of you poor fucks is truly amazing! I'm bathing in your tears of anguish.
Better read this, moron. It's the federal code on the issue at hand. Do you know the difference between "authorize" and "require"?
Express Authorization for State and Local Law Enforcement Officers to Enforce Immigration Law
The INA contains three provisions that explicitly authorize state and local police to enforce federal immigration laws (8 USC §§ 1357(g), 1103(a)(8), and 1253c. The following is taken directly from the March 11, 2004 CRS report on the ability of state and local police to enforce the INA (copy enclosed).
8 USC § 1357(g)
USC § 1357(g) authorizes the U.S. attorney general to enter into a written agreement with a state or municipality pursuant to which a state or municipal officer or employee, who the attorney general determines to be qualified to perform a function of an immigration officer in relation to the investigation, apprehension, or detention of aliens in the United States may carry out such function at the state's or municipality's expense as long as it is consistent with state and local law.
Section 1357(g) permits state and local entities to tailor an agreement with the attorney general to meet local needs. The written agreement must specify the powers and duties that may or must be performed, and the duration of the authority. The entities must know and follow federal law governing immigration officers and must receive adequate training regarding the enforcement of immigration laws. The U.S. attorney general must direct and supervise the officers performing immigration functions under this law. Such officers are not federal employees except for certain tort claims and compensation matters, but they do enjoy federal immunity.
8 USC § 1103(a)(8)
Under 8 USC § 1103(a)(8), state and local officers may exercise the civil or criminal arrest powers of federal immigration officers (1) when expressly authorized by the U.S. attorney general; (2) when given consent by the head of the state or local law enforcement agency; and (3) the attorney general determination of an emergency exists because of a mass influx of aliens. This authority can be exercised only during the emergency situation. The attorney general can shorten or waive the otherwise normally required training requirements when necessary to protect public safety, public health, or national security.
8 USC §1252c
8 USC § 1252c authorizes state and local officers to arrest aliens who have presumably violated § 276 of the INA (Reentry of Removed Alien). Under § 1252c, state and local law enforcement officials can arrest and detain anyone who:
1. is an alien illegally present in the United States and
2. has previously been convicted of a felony in the United States and deported or left the United States after such conviction, but only after the state or local law enforcement officials obtain appropriate confirmation from INS of his status and only for as long as may be required for INS to take the individual into Federal custody for purposes of deporting or removing him from the United States.