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Supreme Court Signals Support for Arizona Immigration Law Provision

from FOX News 4/25/12  -  The Supreme Court signaled Wednesday that it might uphold a key element of Arizona’s immigration law, as justices across the board suggested the state has a serious problem on its hands and should have some level of sovereignty to address illegal immigration.

The justices appeared ready to allow a provision requiring police officers to check the immigration status of people they think are in the U.S. illegally.

The justices strongly suggested Wednesday they are not buying the Obama administration’s argument that the state exceeded its authority, with Chief Justice John Roberts at one point saying he doesn’t think the federal government even wants to know how many illegal immigrants are in the country.

“You can see it’s not selling very well,” Justice Sonia Sotomayor told Obama administration Solicitor General Donald Verrilli.

Just like the health care overhaul challenge heard earlier this month, Wednesday’s hearing on the immigration law drew passionate surrogates from both sides. Arizona Gov. Jan Brewer was loudly booed by the law’s opponents in front of the courthouse. She said in a statement Wednesday afternoon that “I am filled with optimism — the kind that comes with knowing that Arizona’s cause is just and its course is true.”

While the justices addressed the traffic stop provision Wednesday, it was unclear what the court would do with other aspects of the law that have been put on hold by lower federal courts.

Kansas Secretary of State Kris Kobach, who helped draft the law, voiced optimism in Arizona’s chances.

“This was a very good day for Arizona in the Supreme Court today,” he told Fox News. “The U.S. Justice Department was on the ropes.”

But Brent Wilkes, director for the League of United Latin American Citizens, warned that the law would take a “human toll” on Arizona families if allowed to stand.

“This is really a racial profiling bill,” he told Fox News.

The hearing Wednesday morning has implications far beyond Arizona’s borders, as several states, including Alabama and South Carolina, have followed in Arizona’s footsteps to craft their own immigration enforcement measures.

The Obama administration, which opposes those measures, has argued that the country cannot sustain a patchwork of separate immigration laws.

Verrilli, who is arguing on behalf of the government, said in his brief that the Executive Branch has the power to enforce immigration policy.

“For each state, and each locality, to set its own immigration policy in that fashion would wholly subvert Congress’ goal: a single, national approach,” he wrote.

But Arizona argued that the current system is broken, and that the state is paying an unfair price for that failure.

“Arizona shoulders a disproportionate burden of the national problem of illegal immigration,” attorney Paul Clement argued in his brief. He argued that enforcement attention in California and Texas has turned the Arizona border into a funnel for illegal immigrants, with a third of illegal border crossings occurring there.

The attorney described Arizona’s law as a response to an “emergency situation” — with illegal immigrants soaking up millions of state dollars in health care and education, posing safety risks to ranchers and cutting into the state’s job market.

Two of the key statutes, which have been blocked and will be at issue in Wednesday’s arguments, are provisions to bar illegal immigrants from seeking a job and to require law enforcement to check the immigration status of anyone they suspect of being in the country illegally in the course of a routine stop.

A ruling from the Supreme Court is likely to come this summer, in the thick of the presidential election year — it could either bolster what has been a bold move from the Obama administration’s Justice Department to intervene in state issues ranging from immigration to voter ID laws, or stop the administration in its tracks and open the floodgates to even more state laws that challenge federal authority.

The immigration case arrives at the high court Wednesday just weeks after the justices heard arguments in the multi-state challenge to the federal health care overhaul.

Democrats on Capitol Hill this week were already scrambling to prepare for the possibility that the high court upholds the immigration law. Sen. Chuck Schumer, D-N.Y., announced a plan to introduce a bill that would effectively nullify Arizona’s law — though it would stand virtually no chance of passing in the Republican-controlled House.

“Immigration has not and never has been an area where states are able to exercise independent authority,” Schumer said Tuesday at a Capitol Hill hearing, where he announced he would introduce the proposal should the Supreme Court “ignore” the “plain and unambiguous statements of congressional intent” and uphold the Arizona law.

But former Arizona state Sen. Russell Pearce, the author of the law, said: “We have a national crisis, and yet everyone wants to ignore that: the cost, the damage, the crime.”

The Associated Press contributed to this report.

Comments (55)

  1. DOVIE BROWN says:

    WHY DO WE MAKE LAWS IF WE ARE NOT GOING TO UPHOLD THEM .IF OUR PRESIDENT OF ALL PEOPLE DON’T UPHOLD THEM HE SHOULD PAY JUST LIKE ANYONE ELSE .MAY WE ALWAYS REMEMBER WE ARE ONE NATION UNDER GOD IF WE DON’T ,LIKE RONALD REAGAN SAID WE WILL BE ONE NATION GONE UNDER ,LOOK HOW FAR UNDER WE HAVE GONE SENSE OBAMA DAYS,ARE WE GOING TO STAND BY AND LET HIM DESTROY OUR GREAT NATION , WHERE OUR GREAT LEADERS WITH GUTS TO TAKE A STAND AND PUT HIM IN HIS PLACE?????

    • Paul says:

      November 6, 2012 will be Do or Die at the voting machines all over this Land
      Romney in 2012

      • Jim says:

        Keep in mind, the Executive (President) is but one branch of our Federal Government that is supposed to be controlled through checks and balances by the Legislative (Congress) and Judicial (Supreme Court) branches. Consider carefully the choices you make for the Senate and House of Representatives at the polls in November. If the other two branches do their jobs properly, the President is not nearly so powerful as he might like to think he is.

    • Oliveira says:

      Richard Wheeler,can you see the gift those CANDIDATES ARE GIVING to AMERICA,subjecting their self to AMERICAN’S SCRUTINY, EVEN ATTACKS AND INSULTS AND BAD MEDIA COMMENTS, ALL THAT BECAUSE THEY FEEL THAT AMERICA IS CALLING THEM TO BECOME THE LEADER TO FIX THE DESTRUCTION’S COMING,THEY COULD HAVE JUST SAY NO, I WANT MY COMFORT AND NO BODY TO SEE MY WHOLE LIFE,LIKE I’M JUST A SHOW FOR THEM, LIKE IF THEY THINK THEY OWN ME, BECAUSE I WANT TO BE THEIR LEADER, well yes, the CANDIDATES bare themselves to AMERICANS IN ORDER TO HAVE THE HIGHEST POSITION, THE PRICE THEY MUST PAY, but they dervsee the highest respect from AMERICAFOR THEIR DEDICATIONS, not insults for all of them,because not many are worthy of the position even if they have been push in by MONEY, or UNIONS,OR RACE OR MEDIA. IT WON’T MAKE THEM A LEADER, IT TAKES MORE THAN THAT,YOU HAVE IT OR YOU DON’T,we see it now, don’t we,Reply

  2. Ellen says:

    Two of the primary responsibilities of the federal government are to provide a military to protect us and to keep our borders secure. The feds have been failing in those two primary responsibilities for a long time. The failure to enforce immigration laws are just the latest manifestation of that failure. Since the federal government is not doing it’s job, the states must be allowed to protect their citizens.

  3. Roger Howard says:

    The most important part of the term ” Illegal Immigrant ” is the word “Illegal”. Our politicians, the “Press”, the “Do Gooders”, all seem to think the “Illegals” are subject to and protected by the same rights as a US Citizen. We all know those “Rights” so I won’t expound on them..

    They ignore the fact that they (the “Illegals”) are not subject to or protected under those “Rights” and that is because they are NOT U.S. Citizens and until they are granted US citizenship they have no “Rights” under US Law.

    What amazes me is that the leniency is coming down directly from the TOP and it’s a disgrace.

    • Glenn Shannon says:

      Roger Howard you are wrong they have more rights under Obama then the U.S. citizen

    • Calabash says:

      Every time the white house lawyers use the term, “immigrant,” Arizona attorneys should jump up and say, ‘Objection! The correct term is ILLEGAL ALIEN.’ The high court would have to sustain the objection and there would be a constant reminder in open court since the white house lawyers would never use the correct terminology, thereby weakening their case every time they do.

      • Anda says:

        also get Access denied in Windows Home Vista I have been using peorsnal computers for over 30 years Yes, I built my first one from an Altair kit and I have just spent 3 hours trying to login as Admin in Vista and have visted 18 web sites to try to get help nothing works yet!!!!

    • Paul says:

      All those ” do gooders ” are do gooders with our money and not money from their own pockets
      Those illegals have broken our laws by being here illegally. Do like Mexicans do with their illegals who come to their country.

  4. George Beaver says:

    I’m not from Arizona, but I got here as soon as I could. God bless Governor Jan Brewer for her courageous stand to uphold the law and to protect the citizens of Arizona. She has more “guts” in her little finger than the entire Obama administration!

    • Troduponenough says:

      …George – out here one might say she just got more kahones than that entire Marxist cabal.

  5. Aneve says:

    I already posted my comment and has not posted yet. Any problems?

  6. mike taurino says:

    well just remember in november……….NOBAMA

  7. Dale says:

    The powers that be in the white house now have got to go, they are absolutely ruining our country. Makes me so DAM mad, no one does anything about it.These num nuts also need to be deported.

  8. Durwoodl Walker says:

    Obama should be arrested for many things!! His claim of being a christian is really criminal. And I guess he thinks he has God’s permission to kill babies – with taxpayer money!!

  9. Sue Navratil says:

    I lived in Chicago when Immigration laws were being inforced and knew a family of illegals. They were deported with the understanding they could never enter the US again. Things certainly have changed with O’s selective deportation system!

    What a loser mentality it is to not enforce a law for what ever reason! Why have one if it is not enforced?? Why have a system that legal immigrants must use? Americans have a deep sense of fair play and a double standard does not fit into that! Mr O was trained by a Muslim step-father, went to Madrasa, cultivated Marxist professors,

    • Paul says:

      B Hussein Obama is a Muslim and a Communist he is out to destroy our Country from within he is the Manchurian Candidate he might even be 666

  10. Barbara G. says:

    Leave it to Chuckie Schumer to stick his big, fat mouth into something that is none of his business. If he worried about his own state more, maybe it wouldn’t be in such a mess. If the Feds don’t do their job, it’s up to each state to take care of themselves. I’m sick of Obama and Holder suing states for trying to watch out for their citizens. It is a disgrace what has happened in this country. November can’t come fast enough for me.

    • Sue Navratil says:

      Amen!

    • Paul says:

      Schmuck Schumer is a phony his wife is having jobs with several New York City Agencies at a very high level being paid high salaries. She is arrogant, nasty and and don’t know anything about the position given to her. Just like her nasty husband

  11. Dan Cain, Sr. says:

    It is high time that someone takes charge of the illegal immigration problem and brings it under control. This has gotten way out of hand and needs to be corrected to relieve the American taxpayers of such substantial burdens as subsidizing the illegals.

  12. David says:

    I was born and raised in Arizona. Some of my best friends are Mexican. There was never any “people” hanging around or moving through our property. Since I moved away, it is virtually a nightly occurance. My aunt and uncle were bound and gagged and their car stolen. When caught, the perpetrator committed suicide in the jail cell because he was told by his recruiter that he would be tortured if he did not commit suicide.

  13. Charles Lund Sr. says:

    I Love Arizona and It’s Governor! Wish We had leadership like that Here in Connecticut. We could sure use some GOOD Leaders. All Connecticut Politicians are Wimps! We are overpopulated with Immigrants, and those of us that were born Here can’t get a Good job because the Illegal Immigrants have them All! WAKE UP USA!!

    • Sue Navratil says:

      If you won’t stand for something, you’ll fall for anything! Look what happened in ’08.

  14. Walter M. Reckinger III says:

    Both the paternal and maternal sides of my family immigrated here LEGALLY. They earned their citizenship legally. They were proud to learn the english language and did not expect americans to learn their language and have dual language instructions and signage. My mother was a naturalized citizen. She learned the english language from her playmates in the neighborhood before she started school. There was no “English as a Second Language Program” or special teachers hired to teach her in french.

    Today it is politically incorrect to call illegal alliens what they are, illegal and allien. We are supposed to call then anything but what they factually are, illegal alliens. Immigrant implies that they are here at the invitation of our country. They are not. They comehere illegally and sneak accross our borders as common criminals sneak about their llega activities. I find the term illegal immigrant repulsive. It lessens the honorable pathway my ancestors chose to become American citizens.

    We have become a nation of saps. We can’t even afford to pay our own way any more. Our nation’s debt now exceeds our gross domestic product. Why? We have a government with out of control growth that is afraid to loose its poer base of dependent “voters”. It needs to keep illegals here and not enforce our immigration laws or enforceour election laws so that the “dependent base” will be able to vote them back into office.

    • Den says:

      My father was a Bracero, invited and welcomed to this country during WWII to fill a need in agriculture. He later was legally naturalized because he kept his nose clean and earned it. Many came in and earned their way here. Those that didn’t were sent back to Mexico. America still needs immigrants — immigration was one of the things that helped America become great through the mixture of cultures and ideas — but Congress is too freaking lazy and corrupt to address the issue, they are too preoccupied with lining their own pockets through their own insider trading and paying back their corporate sponsors and lobbyists. Think I’m kidding? Very few congressmen leave congress not a millionaire and even if not, they are set for the rest of their lives for income and superior health care (as good, maybe better).

      • Paul says:

        We need a term limit for Congress too. No one should make a carrier out of it.

      • Rakesh says:

        Obama hopes to elevate toxic iimogratimn debate – Worldnews.com. May 10, 2011. illegal immigrants responsible and fixing the broken legal . to tackle iimogratimn reform at a meeting of congressional leaders, ..The State of Hate: Escalating Hate Violence Against Immigrants …. May 1, 2009 . The Leadership Conference on Civil and Human Rights . and NumbersUSA, have portrayed immigrants as responsible for numerous societal ills, . These seemingly “legitimate” advocates against illegal iimogratimn are ..

    • Calabash says:

      Every time the white house lawyers use the term “immigrant,” Arizona attorneys should jump up and say, ‘Objection! The correct term is ILLEGAL ALIEN.’ The high court would have to sustain the objection and it would be a constant reminder in open court since the white house lawyers would never use the correct terminology.

  15. Glenn Shannon says:

    In the 60s and 70s there was no such thing as drive by shootings or all the shootings at party’s in Phx. but today you hear in the news it happens almost daily. I would disagree with only 5 percent are hard working looking for a better way of life. As a technician going into many homes to repair appliances you could see what was happening. The woman lives alone producing kids for welfare and the man sneaks into the home at night after working for money under the table. That is the majority of what goes on here.

  16. maria bruns says:

    I WAS BORN IN THE STATE OF TEXAS AS WERE MY PARENTS;;;I SEE NO PROBLEM WITH ANY OF THE LAWS THAT ARIZONA”HAS FOR ITS CITIZENS”THATS THE KEY WORD IF YOU ARE AN ILLIGAL YES IT WILL TARGET YOU AND GUESS WHAT ‘YOU ARE BREAKING THE LAW ”WHICH TELLS ME YOU DO THIS WITH THE REST OF OUR LAWS’THAT WE RESPECT AND UPHOLD ”I HOPE EVERYONE THAT IS AN AMERICAN WILL BACK OUR GOVERNOR”THIS WOMAN IS AN OUTSTANDING INDIVIDUAL”PROTECTING US FROM DRUG CARTELS”DID YOU KNOW FOR KIDNAPPING DRUG RELATED”JUAREZ MEXICO IS #1 AND # 2 IS PHOENIX”’WAKE UP AMERICA;HELP ENFORCE OUR LAWS ”AND KEEP OUR BORDERS SECURE.’

  17. Judy says:

    We have a law in place – at the Federal level – which is not being enforced. Therefore, every politician including the President who refuses to enforce this law, should be subject to the same sanctions and penalties that we the American Legal Immigrants are subject to. Unless we exercise our right to vote all of them out of office, they will continue to bankrupt this Country. And isn’t that what Mexico and Bin Laden tried to do and are still doing. Mexico has stated that they do not need to “fire one shot” at the US in order to take back what they believe is their property – they will just do what they are already doing. Training their people in the ways to cross the border, abuse our laws, and bankrupt our States. Bravo for Arizona – for standing up to be counted as a State that says “no more”. Our own legal citizens are being denied services in California, because the illegals have bankrupted this state with their overwhelming the welfare, healthcare system. Then the Obama Administration tries the old smoke and mirror routine of introducing another healthcare scheme to force the rest of us to pay for what we have already paid for – simply because Obama wants to continue receiving a paycheck for himself and his family. This is his ploy, folks. Those of you who elected him need to open your eyes to what he has done to this Country. He and his Czars are bankrupting this Country. Their refusal to enforce the immigration laws put in place by our forefathers is more proof. How much more do you need?

  18. David A. says:

    Growing up along the border in Laredo, Texas it was safe & fun to ride our bikes to the Rio Grande & fish, target practice with our BB air rifles. The kids on the other side of the creeks that fed into the river would wade over & we’d spend the whole day setting forts, building camping fires to cook our catch with home made tortillas. When we’d go hunting & came across people, they were ususally single, honest, humble, hard working families that just wanted an opportunity to escape the corruption & poverty. However, nowadays it’s a whole different type coming across & wouldn’t go near the river especially in remote areas even in daylight with some heat. BP friends have noticed this too for some decades. Breaking up productive families that are contributing to society is one thing but we can start deporting the illegals that have committed violent crimes or other injustices. Our jails are full of gang members. And that’s all gotta say about that.

  19. Butch Youmans says:

    If you want to stop immigration then you have to have a law that will do just that. You catch an illegal send them back, but first take a DNA sample if they return then you give them 1 year of picking fruit or any other job that they would ordinarily would do. You take the money that the farmers would pay them and pay for there food ,housing and the guards. After one year you send them back and tell them if they return with proper green card they will spend the next 5 years. in the US picking fruit and be paid nothing. That will put a stop to illegal immigration.

  20. Gradivus says:

    Somewhere I’d like to see an actual news article that tells me what actually happened at the Supreme Court session instead of a reporter’s conclusionary characterization of it. This isn’t it.

  21. Randy says:

    I live in Phoenix so I see it every day. What everyone is losing sight of is the drug dealers and terrorists that are allowed to flow through our open borders, There are sections of our state that have signs telling us it is too dangerous to enter. This is in the United States of America!!!

    For Obama not to care about this, and to fight to keep us from doing something about it, is nothing short of criminal. One of a federal government’s primary responsibilities is to protect its citizens. I see this as Obama failing 50% of his duties right there. We need to fire him.

    • moose says:

      Amen, brother, I can feel your pain and frustration. Our number ONE enemy is the FEDERAL GOVERNMENT our true axis of Marxist evil. I grew up in Phoenix Arizona a fantastic place to live, especially back in the early 50′s and 60′s. Good luck to all my Arizona friends and pray for a landslide 11-2012.

  22. Louann says:

    The individual States are the ones dealing with the illegals (no matter where they come from) so they are the ones that should make laws for their State. The Federal government has become a behemoth that has lost touch with what Americans really need.

  23. Tom says:

    No problem with people wanting to better themselves, BUT ther is a legal way to immigrate, and many thousands of Latin people have done so!!! It is an injustice to the legal immigrants to allow illegal aliens to come to the USA and abuse the benefit systems the government has in place to help those less fortunate than citizens. First, I believe it is a crime to allow illegals to collect benefits. Second, emergency medical care is to be allowed, however medical cards are for CITIZENS!!!!!!! If they need continuing medical care, they need to go home and get it!

  24. John Oliff says:

    My question is always the same. If the so called non-partisan kings and queens with the robes decide against Arizona, whats plan B..Are we just going to accept this nonsense?..

    • Sue Navratil says:

      Reword the law, lawyers are good at that ; And go ahead and protect the citizens of AZ-and be ready for fallout.
      Isn’t that what we did in 1776?

  25. Rebecca Roth says:

    Some illegals are just seeking a better job, and to take advantage of the “freebies” we offer. Some have violent personalities. And some are coming over the border with nefarious goals. The cartels have one purpose over here, and that is to control the drug market. They don’t care who they kill. They are accompanied by people from various countries coming through the Mexican border. Hezbollah, Hamas, and Muslim Brotherhood violence is here. Many times the “news” outlets don’t identify the Muslim connection of the various acts of violence of jihadists, but only record the violence. All illegals know how to take advantage of the money flowing out of the American government. Vincente Fox, when he was the Mexican president, used to encourage Mexican warriors to come here to regain the territories that became the U.S. after the Spanish-American war. Some illegals consider themselves “warriors” for the Mexican expansion. At the rate La Raza and other organizations are gaining power, they may succeed in gaining U.S. territory in the current undeclared war.

  26. Rebecca Roth says:

    If you wanted to destroy a nation, you would work first of all in the arenas of education and news (propaganda outlets).
    Russia’s GRU organization has infiltrated our country for many years with spies. Defecting spies have recorded
    their activities. One good book is None Dare Call It Treason, recording the work of various spies. Madeleine O’Hare’s son Murrey records his life with his communist mother, I believe it’s called, My Life with Madeleine O’Hare, as she pursued removing prayer from school Treasonous organizations like the ACLU have worked in the courts to undermine the fabric of American society. Through the Eyes of Your Enemy is written by a spy trained as a journalist by Russia and sent over here. He tells how easy it was to function as a spy in an open country. Corrupting people was easy, he says. He had plenty of money to seduce American citizens. Boy Clinton, about his early years, makes it obvious that many politicians are wooed by Russia and China, and many serve them. Communists call this condition “useful idiots” Many news rooms are fully serving other than American interests. Fox News has recently become owned 51% by a Saudi prince and recently Soros has purchased a large portion of the company. We are naive to trust organizations to be wholly in the interest of the American people. The government has many communist/Muslim activists in high positions. Obama has placed Muslim Brotherhood operatives in positions of power and given security clearance to MB. GBTV has done World War III, which exposes the MB involvement.

  27. Orlando says:

    It is time we open our eyes and mind to the cost of illegal immigration. Nobody is saying the illegals are bad people. They are coming over seeking a better life and to provide for their families. This country is built on immigration – legal immigration. I suggest they apply for work permit and be legal in this country. The taxpayers cannot support the entire world. It is time the authorities did something to stop the flow of illegals into this country. The media likes to use the “race” card to intimidate the rest of the country into doing nothing about problems pertaining to illegal immigration. I believe the silent majority is starting to wake up. We need to take this country back from the politicians.

  28. jerry says:

    The one responsibility of our government of which I totally agree is the defense of our Nation. By not protecting our borders and requiring some sort of registration to enter the country is dismissing this country’s defense entirely. I would guess that 95% of those entering the US are decent hard working people, it’s the other 5% that could do serious damage to US lives and property. If EVERYONE who comes here must enter legally, whether temporarily or permanently, there is no discrimination. We have already been told by the Media, as well as our government, that suspected terrorists are walking through our borders unchecked and THAT is NOT acceptable.

  29. Don - Dallas, Tx says:

    No need to build fences. Enforce large enough fines on employers, then without jobs they will return to their country of origin. Also for repeat offenders caught, incarcerate them longer. If they have no money going home for a year or so, then they will stop coming over to the U.S. and all the “free” benefits. Hopefully the Supreme Court will rule in Az. favor and let Police help stop the illegals over here. If people want to come to America then we have a system with a Green Card or Work Permit, they need to use those and if they don’t renew them, and are caught, jail them and send them back for violating the law. I’m retired and living on a fixed income and tired of paying for all their medical, health care, education and feeding of the illegals and their offspring, not even counting their cost of incarceration and crimes while here.

    • Justanoldretread says:

      Don – I concur with a lot of what you say. However, all the immigrants are not just looking for jobs and enough income for them and their families to barely exist on. There are others that have ulterior motives and have their own desires that are often illegal. These people will not try to get through the border legally. What would you have us do to stop these criminals? I am sure that you would agree that we want to stop killers, thieves, rapists, and others that would be a detriment to the people that live in the areas where they are entering. You say ‘incarcerate those who break the law’. Good point, but are you willing to provide the financial resources to do this? Like you, I am retired and tired of all that goes on at the border. We need to do something about this and just not let it continue.

  30. terry says:

    New Yorks Shumer- are the people of that state blind or just dumb.

    • moose says:

      No, their neither blind nor deaf, dictators yes, They, the demoncrats, and some Rino republicans are true Marxist totalitarians with an agenda to take total control of the whole enchilada. Money, power, greed = simply their slave planet, this ain’t no joke buba. The USA is in total melt down with cancer at it’s heart and soul, be prepared, no bets on Nov 2012 a do or die marker in history, prepare for the worst but plan for the best. Death to Lenin, Marxist socialism and the democratic party.

      • Fred says:

        I quit using the word DEMOCRATIC when describing democrat politicians years ago. Democrat politicians have proved themselves to be ANYTHING BUT “democratic”.

    • Linda says:

      Terry, they are both

  31. Joe Watkins says:

    Obama should be arrested for his failure to uphold the laws of this country, period!

  32. Fred says:

    The Feds policy of not enforcing existing immigration laws has continued for too many years, and each year the situation only gets worse. Politicians at ALL levels who back non-enforcement should at least be charged with dereliction of duty,

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