In the 1990's, even while I was voting Democratic, I agreed with an argument from the Right. That argument during the Brady Law fallout was that the law improperly expected local police, specifically the County Sheriff's, to conduct background checks on prospective gun buyers. I agreed that any Federal Law that demanded that the Local Police conduct investigations was a violation of the Tenth Amendment.
The Supreme Court agreed.
Printz v. United States - Wikipedia
We are not talking about actions to insure the civil rights of the people are protected. We're not talking about reading Miranda, to insure that the people know about their rights under the Constitution. We are't talking about making sure that the jails are humane, and that being sent to one does not violate cruel and unusual. We are talking about expecting the Local Police to enforce Federal Law. Requiring it as it were.
Now, Conservatives. Help me out. I believed you were right in the 1990's, when Guns and States Rights were the issue.
Explain why it is not a Tenth Amendment violation to demand that local police enforce Federal Immigration law. Tell me why it is wrong to demand that the Sheriff conduct background checks, but right to require that same Sheriff to enforce Immigration laws.
/----/ Police always do a background check even if they pull you over for a speeding tick to see if there are any outstanding warrants. Breaking the immigration laws are no different.
Ah, a batter steps to the plate. Swing and a miss.
The Supreme Court did not agree with you. The Supreme Court said it was unconstitutional to require the local police to enforce Federal Law. The idea is simple.
Let's say you and I are both managers for the same company. Let's say the company makes widgets. You are in charge of security. I am in charge of manufacturing the widgets. I come to you and say I want your security people to help out in production. You tell me no, your people are responsible for security, not production. I would be wrong in expecting you to have your people do my job for me.
Federal Law is enforced by Federal Agents. Local laws are enforced by local cops. It's that simple. ICE is free to run around and arrest all the illegals they want. The local cops won't interfere, but aren't going to lift a finger to help. The same way that local cops quit enforcing State Marijuana laws when some states legalized. The DEA can still arrest and prosecute people, but the locals aren't going to help.
Both ICE and the DEA are used to having the locals do most of the work for them. Find the pot smokers, arresting them, and if it is a big enough bust, the Feds step in and take over.
I have no heartburn with the idea of letting the Feds do their own thing, I do object to local cops enforcing Federal law.
The background check you say is happening when the cops conduct a traffic stop is a check for wants and warrants. It isn't done in every interaction, and it isn't done for everyone in the car normally. If a cop pulls over a bus with a Church Rock Band, they aren't going to run wants and warrants for everyone. If the bus is involved in an accident, Especially a minor one, they may not run wants and warrants on anyone.