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Comments
Moe
Bear in mind, however, that the DOJ has been ordered to freeze funding to sanctuary cities & prosecute officials interfering with ICE.
Per our Constitution, the federal government, not the states, is in charge of immigration policy:
Article I, Section 8, Paragraph 4
"To establish an uniform Rule of Naturalization, and uniform laws on the subject of Bankruptcies
throughout the United States;"
WillieG
The public is encouraged to report all suspicious activity to ICE at (866) DHS-2ICE (1-866-347-2423).
fiddler
That’s good news. The police should stay out a federal mess. Now, we need the schools to step up and not allow ICE on campuses, an action like Chicago’s last week.
fiddler
Moe: states have some sovereignty and can defy the feds, on an issue-by-issue basis. The issue of states’ sovereignty has never been solved since the Constitution of the United States was adopted. It will be pushed to the limit over deportation. OR needs to muster its bravery and stand firm against the tide of illegal dictates and actions. OR is a sovereign state, so Mac doesn’t have to proclaim sovereignty; it’s done for us.
fiddler
WillieG: this is what the Nazis did — tell on each other, including children telling on their parents. Look where it led. If the feds want to do this, let THEM take responsibility for their evil intent.
fiddler
Besides, like everything else Trump is doing, we’re not told the whole story. Those being deported were on the docket for deportation before Trump was elected the second time. Something like 2,000,000 were due to be deported. They’re not NEW cases!
fiddler
Ah, spell check! In my response to Moe, the sentence, “OR is a sovereign state….” Should read OR is a sanctuary state.
fiddler
That said, OR officials must comply with a warrant signed by a federal judge, sovereignty or not.
Moe
Tenth Amendment
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
Well, immigration IS a power delegated to the United States by the Constitution:
Article I, Section 8, Paragraph 4
"To establish an uniform Rule of Naturalization, and uniform laws on the subject of Bankruptcies
throughout the United States;"
And Oregon officials DO sign an oath of office swearing to uphold the Constitution. The Sheriff, School Board, and so on, must uphold the Constitution. But sanctuary "laws," by definition, are contrary to the Constitution; and as such would not, in my opinion, stand up as a defense if an Oregon official was prosecuted by the DOJ.
tagup
I’m feeling a strong 1939 vibe these days….
treefarmer
Oh tagup - you aren't the only one! So many alarming parallels.
Moe
Are state & local officials being asked to be de facto ICE officers?
I don't think so.
But they are being asked not to interfere with ICE.
That raises two questions.
1. Could state & local officials be prosecuted under Oregon law for cooperating with ICE as de facto ICE officers?
2. Could state & local officials be prosecuted under Oregon law for merely not interfering with ICE?
Obviously, many grey areas.
What is supreme is the Constitution. Therefore, neither federal laws nor state laws are supposed to be contrary to the Constitution. And according to Article I, only the legislative branch is allowed to make laws. Neither executive orders nor even supreme court decisions are laws.
Moe
"... sheriff stresses that local authorities are not involved with feds’ efforts."
But Oregon's sanctuary laws are contrary to the Constitution. The federal government is in charge of immigration rules in all states, obviously including Oregon: Oregon is not in charge of immigration rules in Oregon.
The Sheriff should therefore prepare to get by without federal money; and prepare to be prosecuted by the DOJ. Ditto for other local authorities.