Judge Rules: If Feds Won't Enforce Immigration Laws, Locals Must Not

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Sindawe

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by Mac Johnson
Posted Aug 15, 2005

The Open Borders Bloc successfully mobilized this summer to put down an unexpected outbreak of the rule of law. The rebellion was brief but threatening, as local law enforcement clearly overstepped their bounds and began enforcing laws willy-nilly--leading many in the ruling elite to wonder where it all might end. Luckily, a judge was able to step in and stop the law before it could be enforced again.

In a case well publicized by the national media, Chief Garret Chamberlain, a police officer in the town of New Ipswich, N.H., encountered Mexican citizen Jorge Mora Ramirez broken down on the side of the road. Ramirez, though unable to speak much English, admitted that he was in the country illegally, was in possession of forged Massachusetts identification bearing a fictitious Social Security number, and was illegally employed in a construction project in a nearby town.

In a move that the media is still grasping to understand, Chamberlain then called the Immigration and Customs Enforcement (ICE) Division of the Department of Homeland Security (formerly known as the Immigration and Naturalization Service or INS), with the idea that they might want to, say, apprehend and deport the unknown foreign national in possession of forged government documents and investigate the matter as a violation of so-called “law.”

Immigration and Customs Enforcement quickly informed Chamberlain, however, that they were not much interested in enforcing immigration or customs laws, and he should release Ramirez before tragedy occurred and some hapless piece of drywall was not affixed at a below-market rate. Investigating the admitted client of an international human smuggling and document forgery network is not really the sort of thing that the Department of Homeland Security can afford to waste resources on, it seems.

This was not the first time such an incident had occurred. The previous July, Chamberlain had stopped a van loaded with nine criminal aliens from Ecuador. Upon calling Immigration and Customs “Enforcement,” Chamberlain was told that the nine men, who had entered the country illegally and were employed by a roofing company illegally, hadn’t done anything “criminal” and should therefore be let go.

So Chamberlain gave up on the corrupt federal immigration system and charged Ramirez with being in New Ipswich illegally--under New Hampshire’s trespass law, which states, ''A person is guilty of criminal trespass if, knowing that he is not licensed or privileged to do so, he enters or remains in any place."

Chamberlain explained, ''My position was: If Mr. Ramirez was in the country illegally, he was obviously in the town of New Ipswich illegally.”

The logic is incontrovertible.

Unless you are a proponent of unlimited, unscreened, unfettered foreign entry into America, and all such were simply shocked that Chamberlain had failed to play the game properly. In America, there are two sets of laws: those that are passed by Congress to placate the election-year will of the people, and those that the ruling elite actually wants enforced. And leaders in both parties have no intention of enforcing immigration law. These laws exist only to quiet the whining masses. Enforcing such laws is exactly the sort of thing a law enforcement officer should know better than to do. I mean, what’s next? Actual democracy?

Worse yet, this law “enforcement” fad threatened to catch on, as other police departments--frustrated by the federal government’s willful inaction and flagrant failure to enforce immigration law--expressed interest in using the trespass law to protect their towns from the financial and criminal burdens imposed by illegal aliens. In the nearby town of Hudson, N.H., Police Chief Richard Gendron bravely backed up Chamberlain by charging several criminal aliens found in his town with trespassing.

Immigration and Customs “Enforcement” was outraged. Paula Grenier, an ICE spokeswoman, commented, “For a police chief to grandstand about illegal immigration, and [give] the perception that the federal government is doing nothing, is wrong.” Of course it is. ICE told the chief to let the illegal aliens go, and that is doing something, isn’t it?

The Mexican government was so concerned that its biggest moneymaker (illegal labor pimping) might be harmed that they paid for legal counsel and sent their counsel-general to view the hearings.

The mainstream media and numerous other liberal advocacy groups were aghast and reacted predictably. Last week, the judge hearing the cases issued his decision.
Immigration law, he ruled, is solely the federal government’s to neglect, and claims that the act of illegal entry into the US might be violations of any local laws would be “unconstitutional attempts to regulate in the area of enforcement of immigration violations, an area where Congress must be deemed to have regulated with such civil sanctions and criminal penalties as it feels are sufficient.”

In other words, if an unelected bureaucrat at ICE decides that it is OK for an unidentified foreign national to be in the United States illegally, it is OK for him to be in New Ipswich illegally. The law be damned.

This is a curious decision when one considers that in almost every other area of law known, the statutes of federal, state and local governments often overlap. Yet no one claims that local gun-control or minimum-wage ordinances violate the will of Congress on these issues, or that federal civil rights and terrorism laws are unconstitutional infringements on state laws against murder and assault. It is a well-established legal precedent in this nation that a single act may cause one to be in violation of multiple laws--and thus subject to prosecution by more than one layer of government. Just ask Elliot Spitzer.
Also, contrast the quick reaction to local enforcement of immigration law with the phenomenon of “sanctuary cities”--cities that have prohibited their police from assisting the federal government in finding illegal aliens. Clearly, such prohibitions constitute “unconstitutional attempts to regulate in the area of enforcement of immigration violations,” yet they continue unimpeded and without pressure from the media and ICE, even years after court rulings against them.

Apparently, one may help the federal government subvert immigration law all one wants, but don’t dare try to help it actually enforce things.

So what are the abandoned local and state governments (who bear the brunt of illegal immigration costs) to do, if they may not charge illegal stowaways with trespass?

Charge them with something else.

Local governments can require contractors and laborers to register and show real identification (which coincidentally now requires proof of legal residency). Violation of such a law would be a wholly local matter. Local governments regulate restaurant zoning, and issue building permits. They can disperse loiterers and deny builders their inspection approvals. Local governments have a lot of power to regulate local activity.

Whatever local governments do, they must not surrender. Because when you fight back, sometimes you win even when you lose. Consider the parting words of Ramirez’s attorney regarding the future plans of his illegal alien clients: "I think they plan on staying out of Hudson and New Ipswich, N.H."
The actions of one cop in one town got the attention of the U.S. government, the Mexican government, the national media and the open-borders zealots. The town forced the issue on behalf of the clear majority of the American people and in the process made itself safer and finally respected among the criminal alien population, most of whom will now avoid the place altogether. There are tens of thousands of towns and cities in America, were even 1% to follow the lead of New Ipswich and Hudson, it would change everything --and restore the rule of law.




You never really lose until you stop fighting.



Charge them with something. Anything.


Source:http://www.humaneventsonline.com/article.php?id=8545

==========================
This was posted on the Save Our State forums today.

Somebody please tell me again, WHY do we have a central government? :banghead: :banghead:
 
Not all that long ago, I was visiting my brother in the PRK. He had loaned me his car to run up the coast for something and on the way back I was rear ended by somebody at a stop light.

The cop pointed out that my brother's insurance would have to deal with the damage. The guy who hit me was an illegal, and had no car insurance.

"But" .... says I ....."But I thought the law required you to have insurance to drive in the PRK." ....

The LEO points out that "While the law requres you to have insurance to register your car, and then drive it, it would be an unfair hardship to require that the illegals have insurance to drive because they simply can't afford it."

"So" I wonder out loud "... There's really no law about driving with or without insurance."

Him - "Well - yes there is. It is illegal to drive without insurance."

Me - "Then ticket that guy who just hit my brothers car while driving without insurance."

Him - "I can't. It would be unfair and a hardship for him."

Me *blink* :confused:
 
Let me see if I have this straight:

If the states refuse to enforce drug laws, the Feds can come in and enforce them.

If, however, the Feds refuse to enforce immigration laws, nobody else can?



Why, exactly, do we even have states? I mean, they can't do anything on their own, it's all handled by the Feds. What's the point?
 
"We hold these truths to be self-evident: that all men are created equal; that they are endowed by their creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness; that, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new govenment, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.”
 
This is the reason...

for the next Tea Party. Our economy and way of life (diversity doesn't include you) are under attack. When things finally go kaput it will be "us" vs. "them" as in we the so called middle class and the wealthy elit who will have an army of grateful illegals and parasitic underclass to do their work for them.
My opinion.
 
Fear not - Senators McCain and Kennedy have a solution in hand that our President supports. They'll fix this problem for us.
 
The problem of illegal immigration alone has the potential to destroy this country. This is no less than a takeover and occupation by foreign invaders, all without a shot fired. Some estimates are as high as 20 million ‘undocumented’ aliens living within the borders of the U.S., and increasing daily. At what point does the number reach critical mass?

It’s not hyperbole to make a comparison to ancient Rome; many of the same conditions that brought that civilization down exist here today. To wit: a decline in morals and values;
Those morals and values that kept together the Roman legions and thus the empire could not be maintained towards the end of the empire. Crimes of violence made the streets of the larger cities unsafe. Even during PaxRomana there were 32,000 prostitutes in Rome
political corruption;
One of the most difficult problems was choosing a new emperor. Unlike Greece where transition may not have been smooth but was at least consistent, the Romans never created an effective system to determine how new emperors would be selected. The choice was always open to debate between the old emperor, the Senate, the Praetorian Guard (the emperor's's private army), and the army. Gradually, the Praetorian Guard gained complete authority to choose the new emperor, who rewarded the guard who then became more influential, perpetuating the cycle. Then in 186 A. D. the army strangled the new emperor, the practice began of selling the throne to the highest bidder. During the next 100 years, Rome had 37 different emperors - 25 of whom were removed from office by assassination. This contributed to the overall weaknesses of the empire
a decline in public health;
There were many public health and environmental problems. Many of the wealthy had water brought to their homes through lead pipes. Previously the aqueducts had even purified the water but at the end lead pipes were thought to be preferable. The wealthy death rate was very high. The continuous interaction of people at the Colosseum, the blood and death probable spread disease. Those who lived on the streets in continuous contact allowed for an uninterrupted strain of disease much like the homeless in the poorer run shelters of today. Alcohol use increased as well adding to the incompetency of the general public.
unemployment;
During the latter years of the empire farming was done on large estates called latifundia that were owned by wealthy men who used slave labor. A farmer who had to pay workmen could not produce goods as cheaply. Many farmers could not compete with these low prices and lost or sold their farms. This not only undermined the citizen farmer who passed his values to his family, but also filled the cities with unemployed people. At one time, the emperor was importing grain to feed more than 100,000 people in Rome alone. These people were not only a burden but also had little to do but cause trouble and contribute to an ever increasing crime rate.
urban decay;
Wealthy Romans lived in a domus, or house, with marble walls, floors with intricate colored tiles, and windows made of small panes of glass. Most Romans, however, were not rich, They lived in small smelly rooms in apartment houses with six or more stories called islands. Each island covered an entire block. At one time there were 44,000 apartment houses within the city walls of Rome. First-floor apartments were not occupied by the poor since these living quarters rented for about $00 a year. The more shaky wooden stairs a family had to climb, the cheaper the rent became. The upper apartments that the poor rented for $40 a year were hot, dirty, crowed, and dangerous. Anyone who could not pay the rent was forced to move out and live on the crime-infested streets. Because of this cities began to decay.
military spending
Maintaining an army to defend the border of the Empire from barbarian attacks was a constant drain on the government. Military spending left few resources for other vital activities, such as providing public housing and maintaining quality roads and aqueducts. Frustrated Romans lost their desire to defend the Empire. The empire had to begin hiring soldiers recruited from the unemployed city mobs or worse from foreign counties. Such an army was not only unreliable, but very expensive. The emperors were forced to raise taxes frequently which in turn led again to increased inflation.
bastardization of the language and culture;
One of the reasons for the success of the Roman Empire was that the Romans treated their Empire as the world. In other words, the world was equated with the Empire. This belief formed the social cement which kept the Empire sustained. However, this bond, this social cohesion, was temporary at best. There were, after all, forces outside the Roman Empire which were eating away at the Empire itself. And regardless of whether we accept the fact that Rome fell as a result of internal pressure or invasions from the outside, or both at one and the same time, one thing is abundantly clear: Rome fell, and did so with a loud noise. It would take Western Civilization nearly ten centuries to recover and refashion a world which could be the rival of the civilization of Rome.
http://killeenroos.com/1/Romefall.htm
http://www.historyguide.org/ancient/lecture14b.html
http://ancienthistory.about.com/library/bl/uc_dorrington1.htm

All these things conspired to weaken, rot, and destroy the underlying society. And like Rome, we also have internal enemies. Cicero said:
"A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murder is less to fear."
 
This is just wrong on so many levels that I'm having trouble keeping my blood pressure in check.

FUBAR doesn't even describe the half of it!

What kind of a bureaucratic Catch-22 is at work here, and who the *#%$ is responsible for it? How can these people simply refuse to do the job that they were obstensibly hired for with such seeming-impunity?

Time to start kicking some A's and taking some names. How do we go about determining where to start?
 
main, old news. It has been detailed many times before here on THR that federal agencies have little regard if not outright disdain in working with "locals".

As a LEO I used to beg INS, ATF and the USA to take federal action on alleged bad dudes known to me. With few exceptions I was told to go away and do not bother them.

Just take a look at the number of state prosecutions vs. federal prosecutions. Or, just look at the number of INS/ICE arrests and actual prosecutions. The funding wars in the war on illegal immigration or drugs or whatever always result in feckless body counts which can only be attributed to that agency.

Once a bureaucracy loses track of its reason for being, it redoubles its efforts. Max Weber.
 
Some estimates are as high as 20 million ‘undocumented’ aliens living within the borders of the U.S., and increasing daily. At what point does the number reach critical mass?

We've already reached it. Extrapolate the current numbers and assess the political, social, and cultural impact, especially considering the pressure not to assimilate. We are talking about a nation within a nation and the same divisive problems that have plagued other societies before us.

What's the answer? The same kind of awareness, then serious mobilization, we have needed--but have yet to come to terms with--regarding the Islamofascist threat.
 
As has been said previously, if we took all the agents from the BATFE and traded them with the INS/ICE folks, we could all run around with M-60s and Bazookas without fear of prosection. Of course, there'd be a whole lot of dead folks on the border trying to get in...
 
Kudos to Mac Johnson for a well written piece. As flustering as it was to read due to the content, it had me smiling at time. :D
 
mainmech48:FUBAR doesn't even describe the half of it!

What kind of a bureaucratic Catch-22 is at work here, and who the *#%$ is responsible for it?

Well, I've but one conspiracy theory, if ya wanna hear it.

For the latter part of the 20th century, the two main superpowers were the US and the USSR. Both were enemies, but kept each other in check. Now, with the USSR disbanded into the CIS and the USA effectively being the single greatest power in the world, there are many who would rather that it fall as well.

It can't be the Mexicans directly--they're only a means to an end. Mass emigration is not something that they'd be able to devise and implement on their own. Corruption runs deep in the US system, too... quite possibly even to the very head of the Executive branch. You know, the one that carries out foreign and domestic policy, as well as enforcing the laws?

Congress, the body elected by the people more directly than either of the other two, is still doing the same job as well as it always has been (however annoying to some of us it may be). They're not the problem. But who picks out the members of the Judicial branch, hmm? Would you say... the head of the Executive branch? Granted, the Legislative branch has to approve them, but all they have to to is get in and they're there--for as long as they dang well please. It isn't hard to deceive a large amount of people for a short time, especially when you're running for office.

So, who's ultimately responsible? Who do we point the finger at? Who wants to see both sides lose the "game?" I dunno, but I've got to go. The FedEx guy just dropped off a letter for me--and there's a cell phone inside...
 
As has been said previously, if we took all the agents from the BATFE and traded them with the INS/ICE folks, we could all run around with M-60s and Bazookas without fear of prosection. Of course, there'd be a whole lot of dead folks on the border trying to get in...

FUNNY :neener:

SAD :(

TRUE :what: :banghead: :cuss: :fire:

Unfortunetly

NukemJim
 
Illegal immigration pimping is not Mexicos No 1 moneymaker, it is "only" number 2 after oil.

While I'm not a fan of illegal immiration of any type from any country, remember that illegals come from all over, I understand why these guys come over and while I feel sorry for them sometimes it still is not right and I don't condone it.

However, if the business owners would be severely sanctioned who hire illegals, jail time, forfiture of business, I could guarantee you the border patrol could be reduced by half or they could focus on terrorism/drugs because there would be no reason for these people to come here if no one was hiring them. I fel these business owners are the true criminals, driven by greed and not necessity.

Face it, the US government wants them here or they would do something about it, it keeps the rich in riches and it keeps the middle class from expanding and threatens it's very existance.

Very sad,one sign of a 3rd world country is a few people havethe riches and everyone else is poor, no middle class really and I see that happening here in the USA especially in certain areas and professions.

I'm sure anyone in construction can relate to that. Try to get a good paying job in drywall or roofing, not when illegals will do it for much less and no one will enforce immigration or hiring laws.

I can't believe millions of illegals bed down every night in the USA and it is not looked at as a national emergency by most peopleor the government itself.

Yes I know most people here are not Native Americans and that America is based on immigration but when is it enough? And remember we are talking about ILLEGAL immigration here.
 
El T: Old news it may well be, but the fact remains that the whole mess is intolerable and that there is some person or persons who are giving the non co-operation/non-enforcement policy orders.

What I'm trying to figure out is how best to positively identify those individuals and "out" them, as loudly and as publicly as possible.

I'm not naive enough to think that there is a single factor at work here, but I do believe that the first step to rectifying the situation is to remove the cloak of institutional anonymity that they're hiding behind. Put their faces out there and demand some answers.

No "Nuremburg" excuses, and no taking "That information is "classified" for an answer. If there's a Gordian Knot here, and we need to adopt Alexander's solution to get it unraveled, let's do it.

Anonymity is what keeps us from seeing where the ends are. Cut that, and I think we can start straightening things out.
 
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