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Fed. Appeals court talks of axing part of Arizona law

 

ICE Enforcement and Removal Operations

Enforcement and Removal Operations (ERO) enforces the nation’s immigration laws in a fair and effective manner. It identifies and apprehends removable aliens, detains these individuals when necessary and removes illegal aliens from the U.S. This unit prioritizes the apprehension, arrest and removal of convicted criminals, those who pose a threat to national security, fugitives and recent border entrants.

– Arizona’s immigration law faced tough scrutiny from a federal appeals panel Monday as the state’s governor appeared in person to support the controversial provision on the day before the election in which she’s seeking her first full term.
The 9th U.S. Circuit Court of Appeals signaled it was ready to toss out the provision of Arizona’s law that criminalizes the failure to carry immigration papers showing lawful residency in the United States.
But the three-judge panel didn’t tip its hand over which way it was leaning on other provisions of the state law that touched off a national furor
U.S. Deputy Solicitor General Edwin Kneedler argued Monday that the provisions in question violate laws making immigration enforcement the exclusive domain of the federal government.
Among the provisions at issue is the requirement that police — when enforcing other laws — must question the immigration status of people they have reason to suspect are in the country illegally.

“It’s how the state wants to use its people,” said Judge Carlos Bea, appointed to the bench by President George W. Bush. “The state can turn over an illegal to federal officials.”

Perhaps  Governor Brewer, Arizona Law enforcement     could turn over the ‘illegals’ to I.C.E. if they would stand by there motto/creed:
“United States Immigration and Customs Enforcement (ICE) is a component of the Department of Homeland Security (DHS). Our mission is to protect national security by enforcing our nation’s customs and immigration laws”
I.C.E. should be at home doing the job that the American Tax Payers Pay them for by protecting the borders  or deporting those that have been detained instead of helping Earthquake Victims of Haiti? shera~

Kneedler responded that requiring local law enforcement officials to check the immigration status of everyone they suspect as being an illegal immigrant takes away from their investigatory discretion. He also said the law intrudes upon foreign policy and diplomacy, areas that are left for the federal government.
“If every state did this, we would have a patchwork of law,” Kneedler said.
Arizona’s legislature passed the law after years of complaints that the federal government hasn’t done enough to lessen the state’s role as the nation’s busiest illegal entry point.
Less than a day before the law was to take effect, U.S. District Judge Susan Bolton blocked key provisions, including a requirement that immigrants carry immigration papers. On Monday, Bea told Kneedler “I don’t think you have to spend a whole lot of time” arguing the unconstitutionality of that provision.
Hundreds of protesters gathers outside the federal courthouse in San Francisco before the hour-long hearing. Opponents of the law in this politically liberal city outnumbered supporters.
Afterward, Arizona’s governor said she intended to appeal any adverse ruling to the U.S. Supreme Court. Illegal immigrants are overwhelming Arizona’s health care systems, schools and prisons, she said.
Brewer said the Obama administration’s lawsuit was misguided because the state law seeks only to address a growing problem in Arizona.
“We are not the enemy — we are part of the United States,” she said. “We need more help and support.”More
thank you for article Battleskin

 

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