Tuesday, May 18, 2010
Fed Government's Written Policy on State Enforcement of Immigration Laws Exactly the Same As Arizona Law
President Obama and his AG are too busy with politics to do actual lawyer word apparently.
This from the Washington Post:
"In the legal battle over Arizona’s new immigration law, an ironic subtext has emerged: whether a Bush-era legal opinion complicates a potential Obama administration lawsuit against Arizona.
"The document, written in 2002 by the Justice Department’s Office of Legal Counsel, concluded that state police officers have “inherent power” to arrest undocumented immigrants for violating federal law. …
"The author of the Arizona law — which has drawn strong opposition from top Obama administration officials — has cited the authority granted in the 2002 memo as a basis for the legislation. The Obama administration has not withdrawn the memo, and some backers of the Arizona law said Monday that because it remains in place, a Justice Department lawsuit against Arizona would be awkward at best.
“The Justice Department’s official position as of now is that local law enforcement has the inherent authority to enforce federal immigration law,” said Robert Driscoll, a former Justice Department Civil Rights Division official in the George W. Bush administration who represents an Arizona sheriff known for aggressive immigration enforcement. “How can you blame someone for exercising authority that the department says they have?”"
Ed Morrissey from Hot Air comments:
Barack Obama has been in office for sixteen months. Eric Holder has been AG for almost as long, being one of the first Cabinet members confirmed by the Senate after Obama assumed office. During the transition, both men promised to “hit the ground running,” which should have meant a review of policy positions across the board. Immigration reform was a key agenda item for Obama and the Democrats — and yet no one at the DoJ or the White House apparently thought to withdraw this memo. That speaks volumes about competence.