Immigration is a power of Congress

Discussion in 'Law and Justice System' started by RetiredGySgt, May 21, 2012.

  1. RetiredGySgt
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    RetiredGySgt Platinum Member

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    The Congress has full authority to determine all laws dealing with Immigration into the United States. They can set any limits, establish any restrictions and create any law in regards who can and can not LEGALLY enter the Country. This INCLUDES making it illegal to enter the Country with out permission or following such laws as established by Congress.

    Article 1 section 9

    UNITED STATES CONSTITUTION
     
  2. jillian
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    jillian Princess Supporting Member

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    yes.

    which is why states shouldn't be legislating immigration policy.
     
  3. RetiredGySgt
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    RetiredGySgt Platinum Member

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    No State does. Or has, They have however, after the total failure of the Federal Government to enforce their own laws, created mirror laws to enforce laws the feds refuse to enforce. And I suspect the Supreme Court will agree they have the power to enforce laws on the books that the feds refuse, for political reasons, to enforce.

    But this is in answer to the morons that have claimed it is not illegal to enter the Country without permission.
     
  4. C_Clayton_Jones
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    C_Clayton_Jones Diamond Member

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    Enacting laws and enforcing laws are two different things. And it’s not true the Federal government is not enforcing immigration laws. The issue is prosecutorial discretion, concerning not the enforcement of the law per se, but the decision as whom to prosecute. It’s the responsibility of the DOJ to use its limited resources wisely and to the greatest effect; it is consequently impossible to chase down every person who crosses the border without documentation.

    The link below has a good article and Q&A with regard to civil law, criminal law, and the difference between entering the country illegally, and being in the country illegally:

    Christie clarifies: 'Illegal' immigrants are in civil violation | NJ.com
     
  5. RoadVirus
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    RoadVirus <insert pithy title here>

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    You're right...it might be impossible to hunt down ever single illegal immigrant. However, if they'd actually enforce the laws on the books and made it next to impossible for them to get social benefits, they wouldn't have to worry about that because illegals would go back to whereever they came from on their own. Instead, they refuse to do that and allow states like California to keep giving more benefits and allowing cities to claim (illegally) Sanctuary status.
     
  6. Liability
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    Liability Locked Account. Supporting Member

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    But the Congressional power doesn't prevent the sttes from touching on the topic UNLESS, as you know, Congress' authority is said to preempt the field (which might be the case if they said it did). But it doesn't and in the Immigration Law itself, Congress specifically Invited the states to be active participants.

    Moreover, nothing in the laws of the States (specifically, Arizona's law, for example) contradicts what the Feds have said. Thus, they are not violating the supremcacy of Federal enactments anyway.
     

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