Thread: Immigration authority should be shared

http://www.centredaily.com/mld/centreda ... 284011.htm

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Posted on Wed, Aug. 16, 2006


COMMENTARY
Immigration authority should be shared COMMENTARY CORREALE F. STEVENS




ALLOWING state and local governments more power to detain, arrest and deport illegal aliens would protect our law-abiding citizens better than the current arrangement in which the federal government claims exclusive authority.

While federal law permits local law enforcement some power to perform immigration law enforcement functions, there still must be supervision by federal officials. Specifically, the Illegal Immigration Reform and Immigrant Responsibility Act permits designated local officers to make some enforcement decisions.

But the current law requires supervision by Immigration and Customs Enforcement officers. The closest ICE office is two hours away, and on a routine basis ICE refuses to send officers to Northeastern Pennsylvania to enforce the law against illegal aliens.

Recently, Pennsylvania state troopers, at risk to their own safety, stopped a van traveling through Butler Township and discovered four illegals in the van. Without explanation, ICE refused to enforce the law and directed the state police to let three of the illegal aliens go.

Several months ago in Schuylkill County, an illegal alien had been arrested on a violation of the law and gave false identification to the judge. Even though the county judge requested ICE to enforce the immigration law, ICE ignored her requests and directed her to release the illegal.

Perhaps ICE is undermanned and overburdened. But for whatever reason, on an almost daily basis, the federal officers supposed to enforce the law do not do so, at least in Northeastern Pennsylvania. That situation can be changed.

“Preemption” is a legal concept in which certain matters are of a national character that federal laws preempt, that is take precedence over state laws. There is no constitutional requirement that the federal government exclusively handle immigration law enforcement.

If the federal law were amended, state and local police could make arrests, the local district attorneys could prosecute, and the county judges could deport illegal aliens. No permission or involvement by federal officials would be required.

The Middle District of Pennsylvania has an outstanding U.S. Attorney, Tom Marino, and certainly has highly qualified federal judges. Nothing would prevent ICE from establishing a Northeastern Pennsylvania office and working with those federal officers.

Our state and local police are put at risk when they stop, detain or make an arrest involving illegal aliens. To then require that that ICE make all further decisions impedes the proper administration of justice.

Pennsylvania cities, boroughs and townships resources are being strained by the advance into our state of illegal aliens. Free medical care, education, housing and food are social issues but law-abiding citizens are required to pay the taxes that are used to provide these services to illegal aliens.

Again, the proper administration of justice requires a change in the way our local governments and even schools deal with the problems created by illegal aliens. For example, if a school principal discovers an illegal alien attending school, the principal cannot even alert authorities, and instead the illegal is entitled to a teacher’s aide, free food and free health care at the school!

The time is now for our state and local governments to demand more control over enforcement of the immigration laws. There are many precedents in which the federal government shares authority with the state and local governments, such as environmental and transportation issues for example.

In the final analysis, to allow state and local governments the right to enforce immigration laws is necessary to protect our law-abiding citizens.


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Superior Court Judge Correale F. Stevens has served in the Pennsylvania House of Representatives, as Luzerne County District Attorney and as a trial judge before his election to the statewide appellate court.





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No permission or involvement by federal officials would be required

This is how it should be. All of our enforcement agencies should be on the same team. Enough of these internal politics!!!! We are our own worst enemy.