Uh, Oh… Justice Dept. Legal Memo from 2002: State Police Officers Have “Inherent Power” to Arrest Illegal Aliens for Violating Federal Law… Complicates Feds Suing AZ
Posted By Vicki McClure Davidson on May 19, 2010
Just a fraction of the tons of garbage strewn along the Arizona border, left by illegal aliens crossing into the state
It’s likely this new complication to sue Arizona for its illegal immigration law occurred because Barack Obama and Eric Holder didn’t bother to read this 2002 Justice Department legal memo that gives state police officers “inherent power” to arrest illegal immigrants for violating federal law… just like they haven’t bothered to read the SB1070 Arizona law.
And we know how fervently they wanted to sue the ever-lovin’ daylights out of Arizona.
A sticky wicket, for sure, for Team Obama.
From The Washington Post, Memo from 2002 could complicate challenge of Arizona immigration law:
In the legal battle over Arizona’s new immigration law, an ironic subtext has emerged: whether a Bush-era legal opinion complicates a potential Obama administration lawsuit against Arizona.
The document, written in 2002 by the Justice Department’s Office of Legal Counsel, concluded that state police officers have “inherent power” to arrest undocumented immigrants for violating federal law. It was issued by Jay S. Bybee, who also helped write controversial memos from the same era that sanctioned harsh interrogation of terrorism suspects.
The author of the Arizona law — which has drawn strong opposition from top Obama administration officials — has cited the authority granted in the 2002 memo as a basis for the legislation. The Obama administration has not withdrawn the memo, and some backers of the Arizona law said Monday that because it remains in place, a Justice Department lawsuit against Arizona would be awkward at best.
“The Justice Department’s official position as of now is that local law enforcement has the inherent authority to enforce federal immigration law,” said Robert Driscoll, a former Justice Department Civil Rights Division official in the George W. Bush administration who represents an Arizona sheriff known for aggressive immigration enforcement. “How can you blame someone for exercising authority that the department says they have?”
How, indeed?
Additional reading:
The Americano: Polls Show Increasing Support for Arizona Immigration Law
Frugal Café Blog Zone: Even with Boycotts from California, Texas, Michigan Hitting AZ, Illegal Immigration Savings for State Is Potentially in the Billions and LA Lakers vs. Phoenix Suns: Los Angeles’ Wrathful AZ Boycott, Lakers Avoid AZ Illegal Immigration Politics… Plus, Remembering the Deaths of 4-Year-Old Josie Bluhm & Chandra Levy and NBC News Stunned: Its Own Poll Shows Support of Arizona’s Illegal Immigration Law Now Up to 64 Percent… Mexican Constitution Forbids Non-citizens from Political Events Participation (video) and Media Covering Up That Majority of Americans Support Arizona’s Illegal Immigration Law, More States Considering Adopting AZ Law and “Viva Los 1070″ vs. “Los Suns” — Phoenix Suns Security Hassles Business Man to Remove Pro-AZ Illegal Immigration Law Shirt He Wore to Suns Game and American Flag Banned at California School… Students sent Home for Wearing US Flag T-shirts on Cinco de Mayo and Phoenix Mayor Phil Gordon Teams Up with Rev. Sharpton to Protest SB1070, Only 25% of Americans Support Illegal Alien Protesters, Majority of Americans Still Favor AZ Illegal Immigration Law and FOX News: AZ Governor Jan Brewer Interview on Controversial Illegal Immigration Law (video) and Ann Coulter on AZ Illegal Immigration Law: Liberals Are Hysterical & Lying About Contents of Law (video)
Gateway Pundit: Arizona Utilities Rep Invites LA to Continue Boycott on Arizona & Watch Their Lights Go Out and Activists Protest Phil Jackson at Staples Center For Supporting Arizona Immigration Law (Video) …Update: Students Given Credits to Join Protest and Fans Escorted From Phoenix Suns Game For Wearing “Viva Los 1070″ Shirts and Like Holder… Janet Napolitano Rejects Arizona Immigration Law She Hasn’t Read and Obama AG Holder Admits to Not Having Read Arizona Immigration Law He Opposed (Video) and LA Mayor Villaraigosa Is a Dope… Illegal Immigration Costs Billions & Arizona Law Will Bring Down Costs and Figures. Miss Oklahoma Places Second in Miss America Contest After Saying She’d Support Arizona Immigration Law (Video) and LA High School Teacher Ron Gochez Calls Cops “Apes” Says They Are Only Here to Serve the Rich in “Occupied Mexico” (Video)
Moe Lane, RedState: San Diego to Arizona: “Look, just because we called you racist bigots…”
Jammie Wearing Fool: Another of Obama’s Clowns Admits he Hasn’t Read SB 1070
The Cypress Times: ARIZONA UNDER SEIGE; TEA PARTIES RALLY TO HELP
Michelle Malkin: Stand with Arizona
Nice Deb: Another One In The Obama Administration Who Hasn’t Read The AZ Immigration Bill and We’re Apologizing to CHINA Now For AZ Immigration Law? and Video: AZ Gov. Jan Brewer Hits Back At Obama + Related Links
On My Watch – The Writings of SamHenry: UCLA Professor Declares La Raza Revolution Against Capitalism and Imperialism and Let’s All Renounce Our Citizenship; Remain Here as Illegals
Roger Noriega, The Americano: Understanding Arizona
Founding Bloggers: An Apology? How About Civil Rights Violation Charges?
Examiner: Illegal aliens protest, though Americans would be jailed, deported if they protested in Mexico
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Too funny – these socialist imbeciles don’t even know the law. I thought The One graduated from Harvard Law school. ROFL – so much for him being so smart. And I figured out why he won’t do sponatenous press conferences. No teleprompter. He can’t wing it without saying something totally stupid or insulting. Don’t forget about his insult about the Mass. police dept. and the beer summit from last year.
Remember to vote in November – let’s cripple the Dem party.