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11-10-2007, 02:28 AM #1
Feds to hold 'sanctuaries' accountable
Feds to hold 'sanctuaries' accountable
'We're not going to tolerate people blatantly disregarding our laws'
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Posted: November 10, 2007
1:00 a.m. Eastern
By Bob Unruh
© 2007 WorldNetDaily.com
Sanctuary cities – whether their law enforcement personnel deliberately obstruct federal immigration enforcement or simply ignore such violations when they encounter them – soon could be facing the wrath of the federal government in court, according to the Department of Homeland Security.
Homeland Secretary Michael Chertoff recently told a congressional committee he didn't intend to "tolerate interference" by sanctuary cities that would block companies from participating in such programs as "E-Verify," which allows workers' IDs to be checked before hiring.
"I intend to take as vigorous legal actions as the law allows to prevent that from happening, prevent that kind of interference," he told Congress.
Within days, the first fruits of that promised were revealed, with a lawsuit against the state of Illinois over a legislative proposal signed into law by Gov. Rod Blagojevich.
According to published reports Illinois is "complicating" efforts by federal agents with a state law that virtually blocks corporations from participating in the program that was set up to verify if new employees have legal standing to work in the United States.
"The state of Illinois has now made it illegal to comply with federal law," Chertoff told reporters when the action was filed. "That's not acceptable as a matter of the Constitution."
Illinois already had become famous among sanctuary supporters, since one of the higher profile cases in recent months involved Elvira Arellano, who came into the United States illegally, was deported, returned, and when facing another deportation took refuge in Adalberto United Methodist Church in Chicago.
She remained there for months before traveling to California where she was arrested and deported from Los Angeles.
When the lawsuit was announced, reporters speculated the high profile Chertoff gave it was meant as a warning to other states and cities that also may be involved in such "sanctuary" issues. A department spokeswoman, Veronica Nur Valdez, told WND the department has committed to doing what it needs to, "up to and including legal action" to make sure everyone is working on the same page of immigration law enforcement.
"The lawsuit is in regard to E-Verify, a voluntary program. It's free and simple to use. It's an online program where employers can match up new hires' information with government databases and basically know with a matter of minutes whether that person is eligible to be hired," she said.
"It's a tool meant to serve employers who want to act in good faith and take appropriate steps and make sure they hire legal employees," she said. More than 30,000 companies already are taking part. The lawsuit said the program answers about 93 percent of such inquiries immediately or the next day, while the rest take longer.
Illinois' new Right to Privacy at Work Act, however, bans participation in the program until Homeland Security reports it can do 99 percent of all investigations and return the final results within three days.
Blagojevich spokeswoman Abby Ottenhoff said it was passed to "protect employees" from what she described as "unfair treatment under the federal government's flawed Basic Pilot Program."
The federal government, however, views the Illinois law as an infringement of the U.S. Constitution's supremacy clause, which elevates federal law over state or local rules.
"What we can't do when we pass a federal law is have the states decide they want to modify that law," Chertoff told reporters then.
Valdez told WND the state law is impeding the federal agency's ability to carry out its responsibilities to the U.S. citizens.
"We're very committed to our responsibility to the American people," she said. "We are using the law as it is written and enforcing it as best we can. We're very committed to this.
"I think," she continued, "we're not going to tolerate people blatantly disregarding our laws. It's a disservice to our nation to have people turn a blind eye to our laws."
She said such cases won't all be identical, and probably won't be handled identically.
"I think what we have is fundamentally, our state and local governments are trying to impede the department and the federal government's responsibility to enforce our laws to the point that it's a concern," she told WND. "The secretary has made it clear we're not going to lay back. We will vigorously fight whatever [impedes] federal law."
Many argue over the exact meaning of a "sanctuary" city, county or state, but it's generally understood in those locations, which have been compiled and listed by organizations such as the Ohio Jobs & Justice Political Action Committee, apply a lower standard of enforcement to federal immigration laws than other laws.
Lawsuits might not be the only way that such "sanctuary" governments face a penalty, either.
U.S. Rep. Tom Tancredo, R-Colo., has for a number of years introduced legislation that would withhold federal emergency services funding from such cities.
To his surprise, the amendment attached to the funding bill for the Department of Homeland Security was endorsed by the U.S. House this year.
"The people of the country really have spoken," Tancredo told newspaper reporters then. "It's a really good indicator of just how much closer to the people the House is than the Senate." The vote was 234-189, with 50 Democrats supporting his plan.
Tancredo earlier had worked with other opponents of illegal immigration to post billboards in Denver, including one that said: "Welcome to SANCTURAY CITY … Relax, you made it!"
However, the city long has questioned that description, contending that city policies "comply" with federal law.
Tancredo, whose campaign for the 2008 GOP nomination for president has focused on immigration issues, also had ruffled feathers by urging the families of three young murder victims to consider suing Newark, N.J., over the city's "lax" immigration policies.
One of the suspects was identified as an illegal Peruvian immigrant who had had two earlier encounters with the law, being indicted twice on charges of child rape and aggravated assault. However, he was released on bail both times.
There, Mayor Cory Booker defended the less-than-stringent enforcement policy.
"Local law enforcement officials should not be going out asking, inquiring and investigating whether people are documented or undocumented," he told reporters.
A spokesman for President Bush earlier told WND that such resolutions and statements by local governments about their "sanctuary" offerings weren't anything the president would pursue.
But officials for an activist group, Americans for Legal Immigration, say they would offer a solution. The question at that point was a sanctuary designation by New Haven, Conn., so ALIPAC officials said they would circulate a promotion in more than three dozen states – urging illegal aliens to move to New Haven.
"Maybe New Haven needs to learn, if they want the illegals, then they'll get the illegals," ALIPAC President William Gheen told WND.
New Haven's plan was to offer illegals identification cards so they could use city services such as libraries. Supporters reported the cards will improve "public safety" and give the illegal aliens protections that already are given to legal residents.
New York also is embroiled in turmoil over the governor's proposal to grant illegal aliens drivers' licenses.
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11-10-2007, 01:55 PM #2
Added to Homepage:
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11-10-2007, 03:18 PM #3
Re: Feds to hold 'sanctuaries' accountable
"Local law enforcement officials should not be going out asking, inquiring and investigating whether people are documented or undocumented," he told reporters.
To illustrate how absurd this is, let's replace the crime of illegal immigration with another: So if they pull a mototist over in their car, they can't ask, inquire and investigate if the motorist has been drinking or if they have drugs in the car either?
So he's saying as far as illegal immigration is concerned, LAW ENFORCEMENT officers are not supposed to do their jobs!!!
Isn't that a defacto amensty????All that is necessary for evil to succeed is that good men do nothing. -Edmund Burke
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11-10-2007, 06:17 PM #4
Re: Feds to hold 'sanctuaries' accountable
Originally Posted by patbrunz
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11-10-2007, 11:58 PM #5
I just heard my US Rep. Mark Kirk. He replied to my email about the Basic Pilot Program.
He said that on Sept. 27, 2007 he introduced H.Res. 685, a resolution calling on the Illinois General Assembly to repeal the new law and calling on Governor Blagojevich to file an amicus brief in support of the United States government in the upcoming court case.
Anyone know what the amicus brief means?Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)
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11-11-2007, 06:16 PM #6Originally Posted by fedupinwaukegan
amicus curiae
n. Latin for "friend of the court," a party or an organization interested in an issue which files a brief or participates in the argument in a case in which that party or organization is not one of the litigants. For example, the American Civil Liberties Union often files briefs on behalf of a party who contends his constitutional rights have been violated, even though the claimant has his own attorney. Friends of the Earth or the Sierra Club may file a supporting amicus curiae brief in an environmental action in which they are not actually parties. Usually the court must give permission for the brief to be filed and arguments may only be made with the agreement of the party the a micus curiae is supporting, and that argument comes out of the time allowed for that party's presentation to the court.
How that for muddying the waters?
To add to the mud, the ACLU is used for an exmaple!<div>“There is no longer any Left or Right, there is only Tyranny or Liberty ”</div>
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11-11-2007, 08:41 PM #7
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Feds to hold "sanctuaries" accountable
"amicus" means "friend". Organizations often file supporting, or "friend of" legal briefs to bolster law suits in which they have a common interest.
Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)
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11-12-2007, 01:21 AM #8"I intend to take as vigorous legal actions as the law allows to prevent that from happening, prevent that kind of interference," he told Congress.
Within days, the first fruits of that promised were revealed, with a lawsuit against the state of Illinois over a legislative proposal signed into law by Gov. Rod Blagojevich.Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)
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11-12-2007, 09:05 AM #9Originally Posted by Rockfish
Welcome to Illinois! Where corruption is the norm, not the exception!
Example! Just last week, the very day a previous Governor is checking into prison (Former Gov. George Ryan (R)), our current Governor (Governor Rod R. Blagojevich (D)) has stories hitting the news with charges of him doing just about the same thing Ryan is being locked up for. (If you want to call the Fed Prison a lockup, it’s more of a country club).
(You did notice the(R) and the (D) after the names? It doesn’t matter here.)<div>“There is no longer any Left or Right, there is only Tyranny or Liberty ”</div>
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