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? re: law - can we not get sidetracked pls?

I don't want to re-has pro/con illegal immigration; there are dozens of other questions to do that on.

But I have a question related to it.

This law in AZ. Several of you say it is in effect the exact same thing as Federal Law on the matter; correct?

Well I was under the impression that Federal Law supersedes State Law; am I mistaken? ie: CA can legalize medical marijuana; but the Feds "could" come in and bust them still; etc...

So if that's the case; why would AZ or any state need to enact duplicate legislation?

Don't State Law Enforcement Personnel have the authority to enforce an existing Fed Law?

Answer Question
 
beachmamaof2

Asked by beachmamaof2 at 10:20 AM on May. 4, 2010 in Politics & Current Events

Level 17 (4,173 Credits)
Answers (9)
  • The "feds" aren't coming in to do anything about the illegals anymore because it's so bad so they're creating a law that allows the state to do something about it so that the problem might actually get solved.
    flaggot13

    Answer by flaggot13 at 10:27 AM on May. 4, 2010

  • Yes Federal Law supercedes state Law. I *think* that the immigration though is left to Border Patrol and ICE. The DoJ (I believe) made a huge case out of Sheriff Joe cracking down on illegals in his county. Anyway, the Federal Government was NOT enforcing these laws on their own, and the state needs desperately for something to be done. They begged and pleaded, but got nowhere. Their only option was to enact the Federal Law at a state level, so that THEY could enforce it themselves, without the Federal Gov saying NO, you can't DO that.
    29again

    Answer by 29again at 10:32 AM on May. 4, 2010

  • I get that the Fed Gov't was not providing personnel to enforce their national law; but don't state law enforcement personnel have the right to enforce federal law?? That's where I'm confused I guess.
    beachmamaof2

    Answer by beachmamaof2 at 10:37 AM on May. 4, 2010

  • I think in general, they can. However I believe (and not being in AZ, I could really be wrong!) that anything to do with immigration is to be handled by a federal agency.
    29again

    Answer by 29again at 11:29 AM on May. 4, 2010

  • The Arizona law differs slightly from the Federal law in setting up a specific order of events for the removal of the alien. The federal law creates a fine of up to one hundred dollars or up to thirty days in jail, or both.

    The AZ law requires the illegal immigrant to be turned over to immigration, if my memory serves, and I think it does. So the penalty is removal from the state. The law is the same, the consequences are different.
    lovinangels

    Answer by lovinangels at 11:35 AM on May. 4, 2010

  • I guess I am just dense today. lol

    So if any State Officers have the authority to enforce Federal Law; which only seems to make sense if Fed Law supersedes state law; one would think they would hand them over to Fed Authorities in any case; why a law saying they need to do that?

    Just seems like a lot of duplication...

    30 days in jail and $100? And deportation obviously; but that's it? That's all the U.S. punishment is for illegal entry into the country??? Wow; I know of two countries who will jail offenders for up to 2 yrs; now I must go find out about the rest of the world!
    beachmamaof2

    Answer by beachmamaof2 at 12:16 PM on May. 4, 2010

  • Just seems like a lot of duplication...

    LOLOL Yep! But, the Feds left the State no other option.


    In NoKo, and Iran, you go pretty much straight to jail, then you get a mock trial. Not sure what Iran does then (those 3 college kids are STILL in jail), but NoKo sentences years of hard labor...
    29again

    Answer by 29again at 12:31 PM on May. 4, 2010

  • 30 days in jail and $100? And deportation obviously; but that's it? That's all the U.S. punishment is for illegal entry into the country??? Wow; I know of two countries who will jail offenders for up to 2 yrs; now I must go find out about the rest of the world!
    ______________________________________________________________________________________

    the federal law does not specifically state deportation. i'm guessing they report it to immigration, and then if they get around to it....
    lovinangels

    Answer by lovinangels at 1:14 PM on May. 4, 2010

  • Wait ... WHAT? Deportation is just an automatic if you get caught here illegally? Come on now...I really am going to waste half my afternoon researching international immigration law now...curiosity is sometimes a curse! lol
    beachmamaof2

    Answer by beachmamaof2 at 1:25 PM on May. 4, 2010

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