Tag: DOJ
DOJ Admits They Are Not Interested in Enforcing Immigration Law
by KJ Kaufman on Jul.06, 2010, under Constitutional Matters, Featured Posts
Today, the Department of Justice (DOJ) filed its lawsuit against Arizona’s illegal immigration law (commonly referred to as SB 1070). What is very clear from the lawsuit is that the DOJ admits that it will not enforce existing immigration law. The DOJ admits in their complaint the following:
In exercising its significant enforcement discretion, the federal government prioritizes for arrest, detention, prosecution, and removal those aliens who pose a danger to national security or a risk to public safety. Consistent with these enforcement priorities, the federal government principally targets aliens engaged in or suspected of terrorism or espionage; aliens convicted of crimes, with a particular emphasis on violent criminals, felons, and repeat offenders; certain gang members; aliens subject to outstanding criminal warrants; and fugitive aliens, especially those with criminal records.
As you can see the federal government has to “prioritize” arrests for illegal immigration because it isn’t in their interest to arrest everyone who has violated their immigration laws. It seems if the federal government just secured the borders, they may not need to “prioritize” arrests because they would have the manpower to arrest all those in violation of federal immigration law.
The lawsuit goes on to provide us with some insight into Congress’ passage of immigration laws:
In crafting federal immigration law and policy, Congress has necessarily taken into account multiple and often competing national interests. Assuring effective enforcement of the provisions against illegal migration and unlawful presence is a highly important interest, but it is not the singular goal of the federal immigration laws. The laws also take into account other uniquely national interests, including facilitating trade and commerce; welcoming those foreign nationals who visit or immigrate lawfully and ensuring their fair and equitable treatment wherever they may reside; responding to humanitarian concerns at the global and individual levels; and otherwise ensuring that the treatment of aliens present in our nation does not harm our foreign relations with the countries from which they come or jeopardize the treatment of U.S. citizens abroad.
They state that “assuring effective enforcement of provisions against illegal migration and unlawful presence is a highly important interest,” but they also tell us that they “otherwise ensur[e] that the treatment of aliens present in our nation does not harm our foreign relations with the countries from which they come.” Let me translate that for you all. The federal government via the DOJ is telling us that although it’s “highly important” to enforce provisions against illegal migration, it is sometimes more important not to piss off the government of Mexico. In other words, sometimes the interests of the federal government’s relationship with Mexico will trump the rights and obligations the federal government has to the sovereign State of Arizona.
Throughout the lawsuit, the DOJ accuses the Arizona immigration law of attempting to regulate immigration via an “attrition through enforcement” approach. In other words, Arizona is attempting to curtail illegal immigration by enforcing immigration law. Wow, that seems to make sense, no wonder the federal government is so opposed to it.
The simple facts are: the citizens of Arizona do not possess the resources to continue to pay for the medical needs and educational needs of illegal immigrants. There are existing federal immigration laws which the federal government refuses to enforce. For the safety of Arizona citizens, for the safety of illegal immigrants who are illegally smuggled into this country, and for the fiscal interests of the State of Arizona, it is imperative that the border be secured and the federal immigration laws be enforced. It is clear from the federal lawsuit filed today that the federal government has no intention of protecting the citizens of Arizona or enforcing their own laws. How is it possible in America that we are no longer a nation of laws?
