johnsobas said:
There are 2 problems here.
It is racial profiling, and it is not the states place to enforce federal laws.
We can't have state troopers enforcing with the same laws as federal border agents. Of course it is going to be more strict on the border, legal citizens should not be hanging out right by the border and wonder why they are under suspicion.
I am totally against the law if it goes into law, but i am also for the law for 1 reason. It forced the federal government to enforce their laws. We can't have 50 different immigration laws in 50 states, that would be insanity, but I think it's good for states to have a way that they can pressure the federal government into doing their job. In response there have been thousands more border agents sent to the borders and immigration reform is on the table. I would much rather see some kind of way to prevent legals from getting jobs like having strict penalties for employers who hire illegals rather than having a law that will get you up to 2 years in jail if you don't have your papers when the police ask for them.
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no its not racal profiling and yes states can inforce federal laws:
Gonzales v. City of Peoria
“Although the regulation of immigration is unquestionably an exclusive federal power, it is clear that this power does not preempt every state activity affecting aliens.” .... “state enforcement activities do not impair federal regulatory interests concurrent enforcement is authorized.” ......“that federal law does not preclude local enforcement of the criminal provisions” ...
United States v. Salinas-Calderon
“[a] state trooper has general investigatory authority to inquire into possible immigration violations.”
United States v. Vasquez-Alvarez
“this court has long held that state and local law enforcement officers are empowered to arrest for violations of federal law, as long as such arrest is authorized by state law.”
United States of America v. Jose De Jesus Santana-Garcia Gonzalo Alonso
“that state law enforcement officers within the Tenth Circuit ‘have the general authority to investigate and make arrests for violations of federal immigration laws,’ and that federal law as currently written does nothing ‘to displace . . . state or local authority to arrest individuals violating federal immigration laws.’ On the contrary, the Court said, “federal law ‘evinces a clear invitation from Congress for state and local agencies to participate in the process of enforcing federal immigration laws.’”
need anymore?