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President Donald Trump’s Justice Department filed a suit against the state of California on Tuesday modeled after one brought against Arizona by former President Barack Obama’s DOJ, which affirmed the federal government’s authority to set immigration policy.
In 2010, then Attorney General Eric Holder sued Arizona over state law S.B. 1070, which — in accordance with federal law — required any aliens in the United States to have proper identification at all times, and empowered state law enforcement officers to attempt to determine immigration status during “lawful stop, detention or arrest” for other suspected crimes.
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Additionally, it barred state and local officials or agencies from restricting enforcement of immigration laws, and imposed penalties on sheltering, hiring or transporting unregistered aliens.
“Setting immigration policy and enforcing immigration laws is a national responsibility,” Holder stated at the time regarding his decision to sue Arizona over the law. “Seeking to address the issue through a patchwork of state laws will only create more problems than it solves.”
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Holder further argued that the Constitution “forbids” Arizona from replacing federal policy “with its own state-specific immigration policy.”
Supreme - Court - By-in-large - Obama - Administration
The Supreme Court, by-in-large, agreed with the Obama administration’s argument, finding immigration law is the purview of the federal government. However, it did affirm the ability of state law enforcement officials to seek to ascertain the immigration status of those stopped for other suspected criminal activity.
“The National Government has significant power to regulate immigration,” Justice Anthony Kennedy wrote in the majority opinion. “Arizona may have understandable frustrations with the problems caused by illegal immigration while that process continues, but the State may not pursue policies that undermine federal law.”
Attorney - General - Jeff - Sessions - DOJ
Attorney General Jeff Sessions’ DOJ plans to make exactly that point in a case filed in federal court in Sacramento.
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I find it extremely funny when people keep voting and expecting the government to change!