from the Constitutional Law Professor Blog

[Pooky 3,348]

Dude, seriously get off your high horse. I usually ignore you tirades, especially when you make them personally aimed at me. I've seen you do this to others. Learn to argue your points without taking personal swipes at others here. If not, I'll just continue to ignore your posts.

Go back and look at post #39, which is, I believe yours. Then tell me if I was one inch off base.

You're very handy at accusing people of having a personal swipe at you, often when they do nothing of the sort, but are also prone to doing just that yourself. I have never been dismissive toward you, or tried insulting you by perverting your screen name, both of which you have been guilty of before toward me. I just ask questions, and hope you have the decency to answer them honestly.

Feel free to ignore my questions if that is your wish. I won't stop asking them, of you, or anyone on here. They will always be direct and to the point and I respect honest answers, whether I agree with them or not. It's your choice.

[Pooky 3,348]

I would prefer to not have this law. I just wish the Feds would do a better job at controlling the border. The only way to really do this is for them to come down hard on employers. The only problem with this is that President Clinton had the best track record at enforcing these laws which tells you how much it is enforced.

Therein lies the best answer to all of this. If the Federal authorities would enforce current Federal law, which AZ SB 1070 seeks to replicate, then all this would be irrelevant.

And if they are unable to enforce the law, then surely the Federal authorities should welcome the intent to support enforcement using local law officers, rather than seek to challenge this intent in court. That they are taking the latter course can only mean that the lack of enforcement is political rather than practical.

So why does the Washington machine not want our borders to be secure?

[one...two...tree 2,762]

Therein lies the best answer to all of this. If the Federal authorities would enforce current Federal law, which AZ SB 1070 seeks to replicate, then all this would be irrelevant.

That's pure rhetoric without any substance and that's also basically saying that states will disregard the Constitution whenever they feel the Federal Gov't. isn't doing its job. Enforce what? Come on, be specific. Maybe in the UK, you disregard a persons civil liberties, but not here. This is America.

The reality is there are no simple and easy solutions to nabbing those who are here without legal documentation, at least not without infringing on everyone's civil rights. The immigration courts are already backlogged because it is a slow and cumbersome process. It's much like the criminal justice system. It takes a lot of time and resources to convict someone of a crime and that's because we aren't a draconian society that disregards civil liberties.

[billh56 0]

There is no such thing as illegal immigrants, only legal immigrants. All others are invaders. Anyone who follows the law, pays the fees, ect has every right to be here, regardless of where they are from. The rest do not. It is that simple. It is the law. Don’t need a professor to tell us that. Just because most illegal are Hispanic does not make the Arizona law racist. No matters what country the illegal’s are from they are still illegal and subject to the law. I’m thinking law suit against the U.S. government if they give them amnesty. Or we should get our fees and expenses refunded. Seems that it doesn’t pay to follow the law…

[billh56 0]

No simple and easy solutions to nabbing those who are here without legal documentation? Again very simple..Don't give anyone welfare, health care or anything else without proper ID.

[Atencio 43]

That's pure rhetoric without any substance and that's also basically saying that states will disregard the Constitution whenever they feel the Federal Gov't. isn't doing its job. Enforce what? Come on, be specific. Maybe in the UK, you disregard a persons civil liberties, but not here. This is America.

The reality is there are no simple and easy solutions to nabbing those who are here without legal documentation, at least not without infringing on everyone's civil rights. The immigration courts are already backlogged because it is a slow and cumbersome process. It's much like the criminal justice system. It takes a lot of time and resources to convict someone of a crime and that's because we aren't a draconian society that disregards civil liberties.

Nonsense. Where did I say I wanted the states to enforce this? How hard is it for the Feds to convict an employer for hiring illegal aliens?

You don't have to bust everyone. Just start picking on a few and make them serve as an example. Dry up the employment opportunities and whose liberties are being

trampled?

[Pinocchio Liberal 268]

Law professors? I believe our pres. is a law professor and we all know how fvcked up he is. You might wanna go back in time a little further! Of course you wont find much happiness there.

[Hilarious Clinton 452]

No simple and easy solutions to nabbing those who are here without legal documentation? Again very simple..Don't give anyone welfare, health care or anything else without proper ID.

Word. No welfare for illegal immigrants.

[evli1966 88]

That's pure rhetoric without any substance and that's also basically saying that states will disregard the Constitution whenever they feel the Federal Gov't. isn't doing its job. Enforce what? Come on, be specific. Maybe in the UK, you disregard a persons civil liberties, but not here. This is America.

The reality is there are no simple and easy solutions to nabbing those who are here without legal documentation, at least not without infringing on everyone's civil rights. The immigration courts are already backlogged because it is a slow and cumbersome process. It's much like the criminal justice system. It takes a lot of time and resources to convict someone of a crime and that's because we aren't a draconian society that disregards civil liberties.

enforce this

Under Title 8 Section 1325 of the U.S. Code, "Improper Entry by Alien," any citizen of any country other than the United States who:

• Enters or attempts to enter the United States at any time or place other than as designated by immigration officers; or
• Eludes examination or inspection by immigration officers; or
• Attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact;

has committed a federal crime.

Violations are punishable by criminal fines and imprisonment for up to six months. Repeat offenses can bring up to two years in prison. Additional civil fines may be imposed at the discretion of immigration judges, but civil fines do not negate the criminal sanctions or nature of the offense.

See: Unlawful entry a crime since '29 - Rocky Mountain News -- June 11, 2006

[evli1966 88]

Word. No welfare for illegal immigrants.

I agree no state or federal funding for any illegal alien or as some who sugar coat it undocumented immigrant.

To many citizens are homelss or in need of that assistance.

And anyone found helping an illegal alien defraud the government of these funding should face sever penalties as well as the illegal.

[Obama 2012 1,714]

Unfortunately, constitutionally (and has been ruled as such) you cannot deny a public benefit to an illegal alien. If something is offered as a public benefit, then it has to be open to all. This is exactly why illegal alien children get to use the school system...

You want to stop illegal immigration you need a broad enforcement. Punishing employers heavily who are caught (this alone is not enough of a deterrent unless ICE starts doing more raids), secure the border with a large fence/wall along every last square mile (compensate land owners who might lose half an acre or so), then have strict enforcement or legal encounters with authorities. No ID/No verification = Investigate and deport when found out. Pretty damn simple.

There will always be illegal aliens in this nation, but there's always a way to cut back on the vast numbers of them.

[GabiandVi 34]

Unfortunately, constitutionally (and has been ruled as such) you cannot deny a public benefit to an illegal alien. If something is offered as a public benefit, then it has to be open to all. This is exactly why illegal alien children get to use the school system...

You want to stop illegal immigration you need a broad enforcement. Punishing employers heavily who are caught (this alone is not enough of a deterrent unless ICE starts doing more raids), secure the border with a large fence/wall along every last square mile (compensate land owners who might lose half an acre or so), then have strict enforcement or legal encounters with authorities. No ID/No verification = Investigate and deport when found out. Pretty damn simple.

There will always be illegal aliens in this nation, but there's always a way to cut back on the vast numbers of them.

Perhaps you are correct about this, but there are some public benefits my legal permanent resident husband cannot partake of, and when I was reading about bringing over a nephew for a year to study, I read something about him not being able to go to public school for free. I would have to reimburse the district for his schooling. I don't remember the details exactly, but that was the basic gist. I'll look for the information try to post it here. Personally, I don't have a problem with the children of illegal immigrants going to school if they are going to be here. It's better in the long run for them to be educated. That's not to say I support illegal immigration, but as long as they are here, I wouldn't support denying the children education. There are some other public benefits they definitely should not be given, imo.

[DukeOfYork 28]

El Buscador (Steve),

There was a recent incident in Chicago, I believe, where local law enforcement questioned someone they suspected of stealing a car about his legal status. He was born in Puerto Rico and showed them his birth certificate but they suspected it was not legitimate and held him in jail for several days until immigration cleared his name.

1.) That is anecdotal evidence and doesn't really help your argument.

2.) More importantly, Puerto Rico is currently reissuing all birth certificates to US citizens born there as there has been a growing trend of illegal immigrants using stolen or forged Puerto Rican birth certificates to steal other peoples' identities. My roommate is Puerto Rican and has to go through this so he can get a passport. This is all because their birth certificates were not issued in a secure way and were easily forged, so you see, Chicago law enforcement may have had an initial reason to look more deeply into this persons claim that they were born in Puerto Rico. The new birth certificates that are being issued should resolve this problem.

Edited July 12, 2010 by DukeOfYork