Originally posted by damwel
Man, I thought you were pro constitution. The constitution gives the power of immigration regulation to the Federal government not the states. These
laws will not stand. It's nothing more than a distraction and a waste of time.
I am curious why it is that so many believe that States that pass legislation
that mirrors federal law as being so bad. States have been working with DHS for
some time now on immigration. As an example, Tennessee Code Annotated provides:
T.C.A. 4-3-2015
4-3-2015. Memorandum of understanding with United States department of
homeland security concerning enforcement of federal immigration laws. —
(a) The commissioner of safety may negotiate the terms of a memorandum of
understanding between the state of Tennessee and the United States department of
homeland security concerning the enforcement of federal immigration laws,
detention and removals, and investigations in the state of Tennessee.
(b) The memorandum of understanding shall be signed on behalf of the state of
Tennessee by the commissioner of safety and the governor or as otherwise
required by the appropriate federal agency.
(c) The commissioner of safety shall designate that appropriate employees of
the Tennessee highway patrol be trained pursuant to the memorandum of
understanding. There shall be at least one (1) employee of the Tennessee highway
patrol in each district office of the highway patrol who is trained pursuant to
the memorandum of understanding.
(d) Funding for training shall be provided pursuant to the Homeland Security
Appropriation Act of 2006, Public Law 109-90, or subsequent federal funding
sources.
[Acts 2007, ch. 165, § 1.]
Further
T.C.A.
4-7-121 states:
4-7-121. Officers trained to enforce federal immigration laws. —
Highway patrol officers certified as trained in accordance with a memorandum of
understanding between the state of Tennessee and the United States department of
homeland security pursuant to § 4-3-2015 are authorized to enforce federal
immigration laws while performing within the scope of their authorized duties as
state highway patrol officers.
[Acts 2007, ch. 165, § 2.]
Hence, the issue of State immigration laws when modeled after existing Federal law seems to be moot, as the Federal government, i.e. DHS has given
authorization to the States, or at least in this instance to the the State of Tennessee, which in turn has authorized certified employees of the TN
Highway Patrol to enforce immigration law during the performance of their duties. I am not so sure those arguments against SB1070 on it's
Constitutionality are going to stand once all other things are brought into the picture. States are enforcing the laws anyway.
prionace glauca I hope I did not interfere with your S&F'd thread. That was not my intention my friend.