7/14/2010

Obama's DOJ: Places that don't enforce laws against illegal immigrants OK, states that do are not

The whole legal argument being advanced by the Obama administration about AZ upsetting the fine balance over Federal law doesn't make sense. But there is the notion of the supremacy of federal law, and sanctuary cities are violating that legal rule, not Az with its new law. From the Washington Times:

The Obama administration said this week that there is no reason to sue so-called sanctuary cities for refusing to cooperate with federal authorities, whereas Arizona's new immigration law was singled out because it "actively interferes" with enforcement.

"There is a big difference between a state or locality saying they are not going to use their resources to enforce a federal law, as so-called sanctuary cities have done, and a state passing its own immigration policy that actively interferes with federal law," Tracy Schmaler, a spokeswoman for Attorney General Eric H. Holder Jr., told The Washington Times. "That's what Arizona did in this case."

But the author of the 1996 federal law that requires states and localities to cooperate says the administration is misreading it, and says drawing a distinction between sanctuary cities and Arizona is "flimsy justification" for suing the state.

"For the Justice Department to suggest that they won't take action against those who passively violate the law --who fail to comply with the law -- is absurd," said Rep. Lamar Smith of Texas, the ranking Republican on the House Judiciary Committee and chief author of the 1996 immigration law. "Will they ignore individuals who fail to pay taxes? Will they ignore banking laws that require disclosure of transactions over $10,000? Of course not." . . .

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