Yesterday, the Federal establishment collectively cut off the state of Arizona at the knees and in the words of Governor Jan Brewer told the state, “Drop dead, Arizona, drop dead, and go away. We’re going to ignore you.”
When asked by FoxNews anchor Greta Van Susteran what she would say to the President if she had the opportunity, Brewer responded, “I would probably say to him, Mr. President, Arizona is part of the United States of America and you cannot ignore us because Arizona represents probably the most — the majority of the people of America. We want the rule of law enforced and that it is your job to do it.”
Brewer and her state’s day began with the Supreme Court invalidating three of the four provisions in Arizona’s controversial immigration enforcement law, SB 1070. The Court invalidated the following provisions
First, the Court invalidated that section of the law which provided for criminal sanctions for failure to carry documents attesting to the legality of their status in the United States.
Secondly, it invalidated that section which penalized aliens who engaged in unauthorized employment within the state.
Third, they struck down the potentially warrantless arrest and detention of suspected undocumented aliens.
Finally, it upheld the provision that allowed police to determine the status of someone that had already arrested. However, they did warn state and local authorities that since this provision has not been implemented, future litigation was possible. Arizona was allowed to detain suspected illegals for federal authorities who would check their status. Federal authorities in the end were not required to do anything.
Basically, they could tell Arizona police to either hold the individual or even let them go. Using the now popular tool of “prosecutorial discretion” which became known to the public after Obama announced his pseudo-Dream Act ruling, the Department of Homeland Security is free to pick and choose which laws that they will enforce.
Several hours after the Supreme Court ruling, the Department of Homeland Security (DHS) revoked their 287 (g) agreement with Arizona. under the authority of which Arizona law enforcement officers have partnered with the federal government in the enforcement of immigration law.
Some 68 law enforcement entities in 24 states have functioning 287(g) agreements with the federal government. Yet, the only one that was revoked was that of Arizona’s. The DHS press release termed to “not useful.”
As a border state Arizona is on the front lines in the fight against illegal immigration. Yesterday’s action by the Supreme Court and the Department of Homeland Security have left the state defenseless against an invasion of illegals.
The final insult took place when the Department of Justice set up a special phone line to report potential civil rights concerns related to the implementation of the Arizona S.B. 1070 provision requiring immigration status verification during certain law enforcement encounters.
Yesterday’s actions were a full-scale assault on the principles of the rule of law. The Supreme Court literally turned the Constitution on its head with their invalidation of three of the four provisions of SB 1070. The Arizona law was designed to mirror Federal law and yet the Court seems hell-bent on maintaining the primacy of the central government.
The DHS revocation of 287 (g) basically is childish attempt to stick a finger in the eye of Arizona for daring to enforce the law. Revoking the cooperation between the state and the Federal authorities is a message to all states that the Federal government intends to maintain and even increase their control of them, at least during this administration.
Finally, the phone line is pure and simple a legal attempt to solicit complaints in order to encourage further litigation against the state by the DOJ.
Isn’t it time for the states to fight back against overweening control from Washington? After all, it was the states that created the Federal government and not the other way around.