Thursday, July 15, 2010

Obama - 'Sanctuary Cities Safe From Government Lawsuits'

If you needed any further evidence that the Obama administrations suit (possibly two) against Arizona is based on politics look no further. A state enforcing federal law itself; well, that is preempting the government. A city openly refusing to enforce the federal law; well, that is perfectly fine. Objectively looking at the facts the situation should be reversed (sue the sanctuary cities and thank Arizona for the help).

"A week after suing Arizona and arguing that the state's immigration law creates a patchwork of rules, the Obama administration said it will not go after so-called sanctuary cities that refuse to cooperate with the federal government on immigration enforcement, on the grounds that they are not as bad as a state that "actively interferes."

"There is a big difference between a state or locality saying they are not going to use their resources to enforce a federal law, as so-called sanctuary cities have done, and a state passing its own immigration policy that actively interferes with federal law," Tracy Schmaler, a spokeswoman for Attorney General Eric H. Holder Jr., told The Washington Times. "That's what Arizona did in this case."

But the author of the 1996 federal law that requires states and localities to cooperate with federal authorities on immigration laws thinks the administration is misreading the statute and that sanctuary cities are in violation of federal law. Drawing a distinction between those localities and Arizona, he said, is "flimsy justification" for suing the state.

"For the Justice Department to suggest that they won't take action against those who passively violate the law who fail to comply with the law is absurd," said Rep. Lamar Smith of Texas, the ranking Republican on the House Judiciary Committee and chief author of the 1996 immigration law. "Will they ignore individuals who fail to pay taxes? Will they ignore banking laws that require disclosure of transactions over $10,000? Of course not."

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