|
mnottertail -> RE: Democratic National Convention (7/27/2016 12:27:52 PM)
|
quote:
ORIGINAL: CreativeDominant
Dems break federal law?
When the Dems brought illegal immigrants on stage Monday night, it's possible they broke Federal law.
https://www.law.cornell.edu/uscode/text/8/1324
Nope. See ARIZONA ET AL. v. UNITED STATES
*NB parts of the decision. This is HELD ... so pay attention to the bold parts, it is caselaw and precedent in accordance with the rule of law, the laws of our land, and our constitutional framework.
Held:
1. The Federal Government’s broad, undoubted power over immigration and alien status rests, in part, on its constitutional power to“establish an uniform Rule of Naturalization,” Art. I, §8, cl. 4, and on its inherent sovereign power to control and conduct foreign relations, see Toll v. Moreno, 458 U. S. 1, 10. Federal governance is extensive and complex. Among other things, federal law specifies categories of aliens who are ineligible to be admitted to the United States, 8 U. S. C. §1182; requires aliens to register with the Federal Government and to carry proof of status, §§1304(e), 1306(a); imposes sanctions on employers who hire unauthorized workers, §1324a; and specifies which aliens may be removed and the procedures for doing so, see §1227. Removal is a civil matter, and one of its principal features is the broad discretion exercised by immigration officials, who must decide whether to pursue removal at all. Immigration and Customs Enforcement (ICE), an agency within the Department of Homeland Security, is responsible for identifying, apprehending, and removing illegal aliens. It also operates the Law Enforcement Support Center,which provides immigration status information to federal, state, and local officials around the clock.
...
(b)
Section 5(C)’s criminal penalty stands as an obstacle to the federal regulatory system. The Immigration Reform and Control Act of 1986 (IRCA), a comprehensive framework for “combating the employment of illegal aliens,” Hoffman Plastic Compounds, Inc. v. NLRB, 535 U. S. 137, 147, makes it illegal for employers to knowingly hire, recruit, refer, or continue to employ unauthorized workers, 8 U.S. C. §§1324a(a)(1)(A), (a)(2), and requires employers to verify prospective employees’ employment authorization status,Cite as: 567 U. S. ____ (2012) 3Syllabus **§§1324a(a)(1)(B), (b). It imposes criminal and civil penalties on employers, §§1324a(e)(4), (f), but only civil penalties on aliens who seek, or engage in, unauthorized employment, e.g., §§1255(c)(2), (c)(8).**
|
|
|
|
