Let me correct myself. What I meant was, isn't the main portion of the Arizona law the same as the Federal law? The part obama is trying to get removed?No disrespect intended, but your wall of words post does not address a single thing I said.
Just answer the question. Be specific. Tell me what provision of the AZ law conflicts with ANY provision of the Immigration and Nationality Act.
I don't think you can point to even one portion of it that does. But if you can, that provision should then fall. Severability would save the balance of the Act.
Wasn't Arizona's immigration law written almost word for word of the Federal law?
Honestly, I don't think so. I have had the misfortune to try to decipher the gibberish of big portions of the Immigration and Nationality Act. It's on par with the fucking Tax code.
The Arizona law is only 16 pages long.
But its own words reveal that the Arizona lawmakers were intent on adhering to Federal law. They know they can't go further than the Federal law, since the Feds have presumptively pre-empted that field of law. But they can make sure that they forbid the political subdivisions of the State from making any laws or rules that don't go as FAR as the Federal Act. And that's what they start off with:
-- http://www.azleg.gov/legtext/49leg/2r/bills/sb1070s.pdfS.B. 1070
- 1 -
1 Be it enacted by the Legislature of the State of Arizona:
2 Section 1. Intent
3 The legislature finds that there is a compelling interest in the
4 cooperative enforcement of federal immigration laws throughout all of
5 Arizona. The legislature declares that the intent of this act is to make
6 attrition through enforcement the public policy of all state and local
7 government agencies in Arizona. The provisions of this act are intended to
8 work together to discourage and deter the unlawful entry and presence of
9 aliens and economic activity by persons unlawfully present in the United
10 States.
11 Sec. 2. Title 11, chapter 7, Arizona Revised Statutes, is amended by
12 adding article 8, to read:
13 ARTICLE 8. ENFORCEMENT OF IMMIGRATION LAWS
14 11-1051. Cooperation and assistance in enforcement of
15 immigration laws; indemnification
16 A. NO OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR
17 OTHER POLITICAL SUBDIVISION OF THIS STATE MAY ADOPT A POLICY THAT LIMITS OR
18 RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL
19 EXTENT PERMITTED BY FEDERAL LAW.