KenDckey
Posts: 4121
Joined: 5/31/2006
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This is a copy of 8 U.S.C. § 1357(g)(10) that Arizona is implementing. It applies to every state. Arizona added a requirement for its officer to have reasonable suspecion as the trigger for "investigation" in 8 U.S.C. § 1357(g)(1) I believe. I don't see anything about harassing law abiding people. All along we are talking about illegal people. Investigation is the way they solve all crime that I know of. The way you investigate is to ask questions. Where is that harassing? Where do you see a reference to law abiding peoples? Illegal Aliens definately don't meet that standard.
And don't get me wrong. My daughter-in-law was an illegal, brought to this country as a child. Under the previous amnesty laws she became a resident alien with a green card. My Grand daughter now holds three citizenships until she decides which one applies to her. Her mother was Mexican. Dad is US Citizen serving in Italy. She was born in Italy (which her grandmother is a citizen of) But she is legal and a minor so who cares. And just for fun, My ex was african (born in Asmara, Eritriea) of Italian parents. My son had his choices as well.
Anyway I get off topic. I would be the first to have turned my daughter in law into the authorities if she were illegal when I first knew her.
(g) Performance of immigration officer functions by State officers and employees (1) Notwithstanding section 1342 of title 31, the Attorney General may enter into a written agreement with a State, or any political subdivision of a State, pursuant to which an officer or employee of the State or subdivision, who is determined by the Attorney General to be qualified to perform a function of an immigration officer in relation to the investigation, apprehension, or detention of aliens in the United States (including the transportation of such aliens across State lines to detention centers), may carry out such function at the expense of the State or political subdivision and to the extent consistent with State and local law. (2) An agreement under this subsection shall require that an officer or employee of a State or political subdivision of a State performing a function under the agreement shall have knowledge of, and adhere to, Federal law relating to the function, and shall contain a written certification that the officers or employees performing the function under the agreement have received adequate training regarding the enforcement of relevant Federal immigration laws. (3) In performing a function under this subsection, an officer or employee of a State or political subdivision of a State shall be subject to the direction and supervision of the Attorney General. (4) In performing a function under this subsection, an officer or employee of a State or political subdivision of a State may use Federal property or facilities, as provided in a written agreement between the Attorney General and the State or subdivision. (5) With respect to each officer or employee of a State or political subdivision who is authorized to perform a function under this subsection, the specific powers and duties that may be, or are required to be, exercised or performed by the individual, the duration of the authority of the individual, and the position of the agency of the Attorney General who is required to supervise and direct the individual, shall be set forth in a written agreement between the Attorney General and the State or political subdivision. (6) The Attorney General may not accept a service under this subsection if the service will be used to displace any Federal employee. (7) Except as provided in paragraph (8), an officer or employee of a State or political subdivision of a State performing functions under this subsection shall not be treated as a Federal employee for any purpose other than for purposes of chapter 81 of title 5 (relating to compensation for injury) and sections 2671 through 2680 of title 28 (relating to tort claims). (8) An officer or employee of a State or political subdivision of a State acting under color of authority under this subsection, or any agreement entered into under this subsection, shall be considered to be acting under color of Federal authority for purposes of determining the liability, and immunity from suit, of the officer or employee in a civil action brought under Federal or State law. (9) Nothing in this subsection shall be construed to require any State or political subdivision of a State to enter into an agreement with the Attorney General under this subsection. (10) Nothing in this subsection shall be construed to require an agreement under this subsection in order for any officer or employee of a State or political subdivision of a State— (A) to communicate with the Attorney General regarding the immigration status of any individual, including reporting knowledge that a particular alien is not lawfully present in the United States; or (B) otherwise to cooperate with the Attorney General in the identification, apprehension, detention, or removal of aliens not lawfully present in the United States.
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RE: Next Stop - SCOTUS - SB 1070 - 
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