I know I asked about this a few days ago and I got an answer; but I don't know maybe I'm stupid today; but I still don't understand.
Federal Law trumps State Law
But City/County/State Officers don't have any authority to enforce said Federal Laws??
Why not? Where is the piece that I'm missing?
Why did AZ have to create a duplicate law?
Why couldn't they have made a law that gave their Officers the authority to enforce existing Federal Laws??
Wouldn't that have prevented all this hub-bub??
Answer by mommy_of_two388 at 11:15 PM on May. 13, 2010
Answer by Anonymous at 11:23 PM on May. 13, 2010
Answer by beachmamaof2 at 11:30 PM on May. 13, 2010
What the Arizona law does is make a state crime out of something that already a federal crime. This defines moreso the State and Local law enforcement jurisdiction to enforce the federal codes they have just adopted into their state laws.
Answer by grlygrlz2 at 11:36 PM on May. 13, 2010
One example ~AZ adopted this Federal Law~Title 8 of the U.S. Code. Section 1304e~ requires that "every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him.Those who fail to comply will be guilty of a misdemeanor and will be fined $100 and can be imprisoned up to 30 days.
Now, (based on AZ law)~if law enforcement makes a lawful stop, detention, or arrest~ officers can enforce this Federal Code they have adopted.
Answer by grlygrlz2 at 11:40 PM on May. 13, 2010
Answer by lovinangels at 11:40 PM on May. 13, 2010
Answer by beachmamaof2 at 11:49 PM on May. 13, 2010
Answer by NotPanicking at 1:20 AM on May. 14, 2010
Answer by grlygrlz2 at 6:28 AM on May. 14, 2010
Answer by beachmamaof2 at 11:53 AM on May. 14, 2010