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Gun Rights and Security Issues Gun Control, Crime, Drugs, Defence, Homeland Security, Immigration, Law Enforcement

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Old 01-11-2008
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Unconstitutoinal?

I came up with an idea for the feds to help local governments enforce immigrations laws.

The idea would be to establish a Fedaral Immigration Status Office in many of the larger American cities. The sole purpose of this office would be to check on the immigration status of people who have been arrested. If it turns out that a person is arrested is an illegal immigrant then they get deported. The DHS could finally get involved in something useful for a change. The problem is that I'm not sure if it would be constitutional.

Comments on ideas much appreciated.
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  #2 (permalink)  
Old 01-11-2008
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Re: Unconstitutoinal?

I can't see why it would be unconstitutional but I can imagine that quite a few cities or states would hate it. Hell, some places won't even report to the feds those they know for a fact are illegal!
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  #3 (permalink)  
Old 01-11-2008
Captain Trips Captain Trips is offline
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Re: Unconstitutoinal?

Article IV, section 4 of the U.S. Constitution says;

The United States shall guarantee to every state in this union, a republican form of government, and shall protect each of them against invasion.

I'm not sure how doing what you propose would be unconstitutional. Of course our wacko nutjob "civil libertarians" in the ACLU will call it that.

But they call ANYTHING that makes sense (they don't like it then) "unconstitutional"
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Old 01-11-2008
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drgoodtrips drgoodtrips is offline
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Re: Unconstitutoinal?

The only province I could imagine in terms of constitutionality would be unreasonable search and seizure, but I hardly think that would apply to people who had been arrested, since probable cause has already been established as a matter of course.

I'm not sure how the ACLU is relevant, beyond the standard, nonsensical neocon jabbering points on the subject.
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Old 01-11-2008
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Re: Unconstitutoinal?

How would you fund this?
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Old 01-11-2008
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Re: Unconstitutoinal?

Quote:
Originally Posted by pramjockey View Post
How would you fund this?
pram...U drink beer right?



get it?
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  #7 (permalink)  
Old 01-11-2008
Captain Trips Captain Trips is offline
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Re: Unconstitutoinal?

Quote:
Originally Posted by drgoodtrips View Post
The only province I could imagine in terms of constitutionality would be unreasonable search and seizure, but I hardly think that would apply to people who had been arrested, since probable cause has already been established as a matter of course.

I'm not sure how the ACLU is relevant, beyond the standard, nonsensical neocon jabbering points on the subject.
Yes doc.

You know as well as I that the ACLU will MAKE themselves QUITE "relevant" to this if it goes far.

If it DOES go far, just watch who steps in to "help Americans keep their hard won civil liberties"
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Old 01-11-2008
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drgoodtrips drgoodtrips is offline
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Re: Unconstitutoinal?

Quote:
Originally Posted by Captain Trips View Post
Yes doc.

You know as well as I that the ACLU will MAKE themselves QUITE "relevant" to this if it goes far.

If it DOES go far, just watch who steps in to "help Americans keep their hard won civil liberties"
I don't really know anything about the ACLU making themselves "relevant" to an issue that doesn't pertain to American citizens (unless, of course, legislation were introduced that could threaten the civil liberties of citizens). But then, I've never really had a head for fashion, and missed the memo when irrational and non fact-based hatred of the ACLU became the thing to do among the Coulter faithful.

Speaking of irrational political fashions, where were all the news stories about the "War on Christmas" this year? Was there a cease fire?
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  #9 (permalink)  
Old 01-11-2008
Captain Trips Captain Trips is offline
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Re: Unconstitutoinal?

Quote:
Originally Posted by drgoodtrips View Post
I don't really know anything about the ACLU making themselves "relevant" to an issue that doesn't pertain to American citizens (unless, of course, legislation were introduced that could threaten the civil liberties of citizens). But then, I've never really had a head for fashion, and missed the memo when irrational and non fact-based hatred of the ACLU became the thing to do among the Coulter faithful.
# 1. I don't know what you're referring to with "coulter faithful."

# 2. You're choosing to ignore what the ACLU has become. That's your business I suppose. Dismissing criticism of the ACLU as "irrational and non fact-based hatred" only exposes that there is much you don't know or don't CARE to know about what the ACLU has turned into.

If one digs into the history of activist judges on the bench. Many have prior history with the ultra-leftist ACLU. They make it their business to twist laws to suit their agenda. Activist ACLU lawyers and the judges who ignore our laws and invent new ones are like termites eating away at the foundation of a house. The house is our nation. They're using the courts to advance their internationalist, anti-God, anti-traditional family, and hate-America ideals.

Many of us could care LESS about these things, so we make their job easier and allow them a free pass to re-arrange our system and laws to their own satisfaction.

Quote:
Originally Posted by drgoodtrips View Post
Speaking of irrational political fashions, where were all the news stories about the "War on Christmas" this year? Was there a cease fire?
There was. Enough people got pissed off and told stores and companies that they'd be boycotted if they continued not allowing "merry christmas" to be said or displayed in their stores or by their workers. So this year it wasn't deemed "politically incorrect" to say or display merry christmas in many places.

People fought BACK against it. They wouldn't accept it.

That is what you would call an "irrational political fashion" ?
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Old 01-11-2008
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Re: Unconstitutoinal?

Quote:
Originally Posted by Captain Trips View Post
# 1. I don't know what you're referring to with "coulter faithful."

# 2. You're choosing to ignore what the ACLU has become. That's your business I suppose. Dismissing criticism of the ACLU as "irrational and non fact-based hatred" only exposes that there is much you don't know or don't CARE to know about what the ACLU has turned into.

If one digs into the history of activist judges on the bench. Many have prior history with the ultra-leftist ACLU. They make it their business to twist laws to suit their agenda. Activist ACLU lawyers and the judges who ignore our laws and invent new ones are like termites eating away at the foundation of a house. The house is our nation. They're using the courts to advance their internationalist, anti-God, anti-traditional family, and hate-America ideals.

Many of us could care LESS about these things, so we make their job easier and allow them a free pass to re-arrange our system and laws to their own satisfaction.



There was. Enough people got pissed off and told stores and companies that they'd be boycotted if they continued not allowing "merry christmas" to be said or displayed in their stores or by their workers. So this year it wasn't deemed "politically incorrect" to say or display merry christmas in many places.

People fought BACK against it. They wouldn't accept it.

That is what you would call an "irrational political fashion" ?
I'm sure Savage and Newmax have convinced you of how awful the ACLU is but most people cherry pick cases that are the minority of the cases they have and look at them from a emotional standpoint rather than a legal standpoint. People label judges as being activists usually when they just do not agree with their own opinions.
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  #11 (permalink)  
Old 01-11-2008
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drgoodtrips drgoodtrips is offline
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Re: Unconstitutoinal?

Quote:
Originally Posted by Captain Trips View Post
# 1. I don't know what you're referring to with "coulter faithful."

# 2. You're choosing to ignore what the ACLU has become. That's your business I suppose. Dismissing criticism of the ACLU as "irrational and non fact-based hatred" only exposes that there is much you don't know or don't CARE to know about what the ACLU has turned into.

If one digs into the history of activist judges on the bench. Many have prior history with the ultra-leftist ACLU. They make it their business to twist laws to suit their agenda. Activist ACLU lawyers and the judges who ignore our laws and invent new ones are like termites eating away at the foundation of a house. The house is our nation. They're using the courts to advance their internationalist, anti-God, anti-traditional family, and hate-America ideals.

Many of us could care LESS about these things, so we make their job easier and allow them a free pass to re-arrange our system and laws to their own satisfaction.
I think I'm going to enumerate your generic responses to disagreement. This is (1), for my future reference. "Sure - don't worry about it. Pretend everything's okay. You'll see (in an ominous tone)". (2) is probably when you tend to say "You just can't compare some things" and (3) is when you concede that your point of view might not make sense, but state that the opposing point of view is just as silly (very diplomatic). More to follow later

That aside, it's not that I'm defending the ACLU, per se. I've read a fair amount about the cases that they take, and I certainly won't deny that they tend to have a liberal bent (which is perhaps what causes the whining and gnashing of teeth from "conservatives" - I use the quotes because demonizing a non-profit watchdog of government erosion of civil liberties seems decidedly un-conservative). But, I've also seen where they've defended things like the right of a Christian student to pray in school or pass out prayer books or what have you. Generally, the people who bleat endlessly and irrelevantly about the ACLU completely ignore that side of their work. As they say, if the facts don't fit the dogma, the facts must be ignored.

Quote:
There was. Enough people got pissed off and told stores and companies that they'd be boycotted if they continued not allowing "merry christmas" to be said or displayed in their stores or by their workers. So this year it wasn't deemed "politically incorrect" to say or display merry christmas in many places.

People fought BACK against it. They wouldn't accept it.

That is what you would call an "irrational political fashion" ?
So, Christians won the "War on Christmas"? Does this mean that I can rest easy at night, knowing that the zit faced kid at Target will no longer threaten my very existence with declarations of "Happy Holidays"? Does this mean that pagan traditions of displaying trees and fat men in public areas are safe from the forces of evil?

Man, it was touch and go there for a while, but I think we pulled it out. God bless winter solstice.
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  #12 (permalink)  
Old 01-11-2008
Captain Trips Captain Trips is offline
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Re: Unconstitutoinal?

Quote:
Originally Posted by drgoodtrips View Post
I think I'm going to enumerate your generic responses to disagreement. This is (1), for my future reference. "Sure - don't worry about it. Pretend everything's okay. You'll see (in an ominous tone)". (2) is probably when you tend to say "You just can't compare some things" and (3) is when you concede that your point of view might not make sense, but state that the opposing point of view is just as silly (very diplomatic). More to follow later

That aside, it's not that I'm defending the ACLU, per se. I've read a fair amount about the cases that they take, and I certainly won't deny that they tend to have a liberal bent (which is perhaps what causes the whining and gnashing of teeth from "conservatives" - I use the quotes because demonizing a non-profit watchdog of government erosion of civil liberties seems decidedly un-conservative). But, I've also seen where they've defended things like the right of a Christian student to pray in school or pass out prayer books or what have you. Generally, the people who bleat endlessly and irrelevantly about the ACLU completely ignore that side of their work. As they say, if the facts don't fit the dogma, the facts must be ignored.



So, Christians won the "War on Christmas"? Does this mean that I can rest easy at night, knowing that the zit faced kid at Target will no longer threaten my very existence with declarations of "Happy Holidays"? Does this mean that pagan traditions of displaying trees and fat men in public areas are safe from the forces of evil?

Man, it was touch and go there for a while, but I think we pulled it out. God bless winter solstice.
Now, I read carefully everything you just said. I must say, you're getting that "art" of writing that speakeasy often has :-)

That was a damn funny read. So funny I can't even be offended even if it was MEANT to offend
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  #13 (permalink)  
Old 01-11-2008
Captain Trips Captain Trips is offline
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Re: Unconstitutoinal?

Oh yeah.

Fuck the ACLU :-)
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  #14 (permalink)  
Old 01-11-2008
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jamesrage jamesrage is offline
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Re: Unconstitutoinal?

Quote:
Originally Posted by AjaxPress View Post
I came up with an idea for the feds to help local governments enforce immigrations laws.

The idea would be to establish a Fedaral Immigration Status Office in many of the larger American cities. The sole purpose of this office would be to check on the immigration status of people who have been arrested. If it turns out that a person is arrested is an illegal immigrant then they get deported. The DHS could finally get involved in something useful for a change. The problem is that I'm not sure if it would be constitutional.

Comments on ideas much appreciated.
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Delegation of Immigration Authority
Section 287(g) Immigration and Nationality Act

The Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA), effective September 30, 1996, added Section 287(g), performance of immigration officer functions by state officers and employees, to the Immigration and Nationality Act (INA). This authorizes the secretary of the U.S. Department of Homeland Security (DHS) to enter into agreements with state and local law enforcement agencies, permitting designated officers to perform immigration law enforcement functions, pursuant to a Memorandum of Agreement (MOA), provided that the local law enforcement officers receive appropriate training and function under the supervision of sworn U.S. Immigration and Customs Enforcement (ICE) officers.

The cross-designation between ICE and state and local patrol officers, detectives, investigators and correctional officers working in conjunction with ICE allows these local and state officers: necessary resources and latitude to pursue investigations relating to violent crimes, human smuggling, gang/organized crime activity, sexual-related offenses, narcotics smuggling and money laundering; and increased resources and support in more remote geographical locations.
A Law Enforcement Partnership

ICE ACCESS (Agreements of Cooperation in Communities to Enhance Safety and Security) provides local law enforcement agencies an opportunity to team with ICE to combat specific challenges in their communities.

The 287g program is only one component under the ICE ACCESS umbrella of services and programs offered for assistance to local law enforcement officers.

ICE developed the ACCESS program in response to the widespread interest from local law enforcement agencies who have requested ICE assistance through the 287(g) program, which cross-designates local officers to enforce immigration law as authorized through section 287(g) of the Immigration and Nationality Act.

Terrorism and criminal activity are most effectively combated through a multi-agency/multi-authority approach that encompasses federal, state and local resources, skills and expertise. State and local law enforcement play a critical role in protecting our homeland because they are often the first responders on the scene when there is an incident or attack against the United States. During the course of daily duties, they will often encounter foreign-born criminals and immigration violators who pose a threat to national security or public safety.
Memorandum of Agreement

The MOA defines the scope and limitations of the authority to be designated. It also establishes the supervisory structure for the officers working under the cross-designation and prescribes the agreed upon complaint process governing officer conduct during the life of the MOA. Under the statute, ICE will supervise all cross-designated officers when they exercise their immigration authorities. Once the scope of limitations of the MOA has been reached, the assistant secretary of ICE, and the governor, a senior political entity, or the head of the local agency may sign the MOA, requesting the cross-designation.
287(g) Signed MOAs as of 9-19-07 : 28

o AL Alabama State Police
o AZ Department of Corrections
o AZ AZ Department of Public Safety
o AZ Maricopa County Sheriff's Office
o CA Los Angeles County Sheriff 's Department
o CA Orange County Sheriff's Office
o CA Riverside County Sheriff 's Office
o CA San Bernardino County Sheriff 's Office
o CO CO Dept. of Public Safety
o CO El Paso County Sheriff 's Office
o FL Collier County Sheriff's Office
o FL Florida Department of Law Enforcement
o GA Department of Public Safety
o GA Cobb County Sheriff's Office
o MA Department of Corrections
o MA Framingham Police Department
o MA Barnstable County Sheriff's Office
o NC Alamance County Sheriff's Office
o NC Cabarrus County Sheriff's Office
o NC Gaston County Sheriff's Office
o NC Mecklenburg County Sheriff's Office
o NH Hudson City Police Department
o OK Tulsa County Sherrif's Office
o TN Davidson County Sheriff's Office
o VA Herndon Police Department
o VA Prince William-Manassas Adult Detention Center
o VA Rockingham County Sheriff's Office
o VA Shenandoah County Sheriff's Office
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Old 01-11-2008
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Re: Unconstitutoinal?

Quote:
Originally Posted by partofme View Post
People label judges as being activists usually when they just do not agree with their own opinions.
Then why is the 9th circuit court the most overturned court?

United States Court of Appeals for the Ninth Circuit - Wikipedia, the free encyclopedia
Of the 80 cases the Supreme Court decided this past term through opinions, 56 cases arose from the federal appellate courts, three from the federal district courts, and 21 from the state courts. The court reversed or vacated the judgment of the lower court in 59 of these cases. Specifically, the justices overturned 40 of the 56 judgments arising from the federal appellate courts (or 71%), two of the three judgments coming from the federal district courts (or 67%), and 17 of the 21 judgments issued by state courts (or 81%).

Notably, the 9th Circuit accounted for both 30 percent of the cases (24 of 80) and 30 percent of the reversals (18 of 59) the Supreme Court decided by full written opinions this term. In addition, the 9th Circuit was responsible for more than a third (35%, or 8 of 23) of the High Court’s unanimous reversals that were issued by published opinions. Thus, on the whole, the 9th Circuit’s rulings accounted for more reversals this past term than all the state courts across the country combined and represented nearly half of the overturned judgments (45%) of the federal appellate courts.

The 9th Circuit also hears the most cases of any of the circuit courts and thus has the most decisions move on to the Supreme Court.
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