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Tuesday, August 10, 2010

Arizona 1070 ruling

The U.S. District Court in Arizona blocked implementation of a portion of the controversial Arizona bill 1070 dealing with illegal immigration.  The decision by Judge Bolton is not surprising, it is in fact expected based on prior federal and U.S. Supreme Court precedent.  But this is a controversial and emotion laden issue whic has many in law enforcement divided.  Immigration policy  and enforcement is the sole province of the federal government.  Any state or local government initiative seeking to create immigration policy or control immigration violates the Supremacy Clause to the U.S. Constitution.  But, unfortunately, the federal government has failed miserably in carrying out its constitutional imperative.  The burden of failed immigration policy and control is then placed on the states and often local law enforcement is the front line in dealing with the poverty, crime and enforcement issues created by the federal failure.
I have previously written on this issue and the Catch-22 situation that police officers are placed within.  Police resources are already drained in this economy and added responsibilities sought by the federal government to be placed on local police for immigration enforcement and homeland security measures further strains these resources.
On the side bar is a brief analysis PoliceOne asked me to complete in connection with the ruling on the day it was released.  I have included additional links to prior articles I have written on this issue.

http://www.policeone.com/drug-interdiction-narcotics/articles/1856910-Immigration-enforcement-by-local-police

http://www.ethicsinpolicing.com/EiPJournal2009Vol2No1.pdf