Under Article VI, Section 2, of the U.S. Constitution, federal laws have supremacy over state and local laws. This means that when a state or local law conflicts with a federal law, the federal law prevails.
Arizona's Immigration Law
- Thread starter DaSleeper
- Start date
Absolutely correct!!! Except in the disposition of law. You have committed a crime when in violation of Civil, or criminal code.
And completely irrelevant on this topic. Made so by Federal statute.
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Sorry no. Those definition came from Blacks Legal Dictionary.
You are making assumptions.
S.B. 1070, does not meet the requirements of preemption, under concurrent enforcement. And at no time is S.B. 1070, in contrary to Federal Statute.
S.B. 1070, does not exceed federal statute, therefore the Supremacy Clause is not applicable. Further challenged by IIRIRA Amendments to the INA. Which give explicit authorization to state and local Law Enforcement, regarding the disposition of both criminal and civil Federal code.
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You know that doesn't help your case right?
Which is why I said it was correct. I've never argued the difference between criminal and civil law. Just in it's disposition, as it seems some people don't fully grasp the very real fact that civil law is sometimes disposed within the optics of criminal proceedings.
Not at all. Under Federal statute a violation is a violation. If you violate criminal code, you are in fact committing a crime. If you violate civil immigration law, you are in breach of and subject to a judiciary ruling. At which point, any further breach is a crime.
Under Federal statute, State and Local Law Enforcement have the authority to act upon breaches of Civil Law, under certain circumstances and under strict guidelines. Again, confirming concurrent enforcement.
Just because you disagree, doesn't make that an assumption.
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It's still not a criminal act. Enforcement yes, which they can make accusations (charge) only hold an alien until the INS come to pick them up for a hearing before the immigration courts not civil courts.
No where in the legal lexicon will you find anything that says breaking a law means you've committed a crime.
.
Again, never claimed it was a criminal act. And the rest of your post is also somewhat correct. S.B. 1070, effectively makes it a crime to be unlawfully present in the State. This again, is not hindered by the Supremacy Clause and is considered concurrent enforcement. As it merely meets Federal Statute.
Thus making anyone found to be unlawfully in the State of Arizona, the suspect of committing a Public Offense. It is worded very carefully, to avoid Federal "occupying the field" case law and provisions.
Your point? Are you saying there are no laws pertaining to the criminal code and crime now?
It's not a crime. It's an infraction or violation. Crime is a very specific act that causes harm or loss to an indivdual, group or property.
This is why deportations are decided in HEARING not a criminal court.
The differences are night and day.
In your opinion.
No kidding? :roll:
Traditionally, and only on the first offense.
Agreed, and still irrelevant to the subject.
I see you've boiled it down to semantics now.
When you have some legal precedent, case law, legislation or statute that supports your opposition to S.B. 1070, let me know.
Offense...se·man·tics
/sɪˈmæn
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Show Spelled[si-man-tiks]
–noun(used with a singular verb) 1. Linguistics. a. the study of meaning.
b. the study of linguistic development by classifying and examining changes in meaning and form.
2. Also called significs. the branch of semiotics dealing with the relations between signs and what they denote.
3. the meaning, or an interpretation of the meaning, of a word, sign, sentence, etc.: Let's not argue about semantics.
4. general semantics.
The topic...
Arizona's Immigration Law
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CRIMINAL OFFENCE triable by court.....
NOT A HEARING which is how immigration matters are decided.
Thanks for the confirmation.
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A courthouse is a great place to hold a hearing isn't it?http://www.emotihost.com/glass7/4.gif
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The Four Steps of Deportation
The Immigrant court process contains four steps which we will go into in more detail below: Notice to Appear, Notice of Hearing, Master Calendar Hearing, and an Individual Hearing.
The Immigration and Customs Enforcement (ICE) is the part of the government responsible for enforcing immigration laws. If ICE determines that a person has violated immigration law, it will initiate deportation proceedings. The very first thing that ICE will do is refer the case to the Office of the Chief Counsel. The Office of the Chief Counsel prosecutes immigration cases.
The Chief Counsel will issue a Notice to Appear to the alien. A Notice to Appear is the official document used to inform the alien that ICE intends to have him or her removed from the United States. The Notice to Appear contains the allegations used to establish that the alien is no longer eligible to stay in the United States. The Notice to Appear will state the date, place, and time of the hearing. Sometimes the Notice to Appear will indicate that the date, place, and time of the hearing will be set at a later date.
Second, the Immigration Court with jurisdiction over the case will issue a Notice of Hearing. If the Chief Counsel is situated in Detroit, Michigan, the Immigration Court in Detroit has jurisdiction over the case.
The Notice of Hearing informs both the alien and the Chief Counsel of the date, place, and time of the hearing. If an alien fails to appear for his/her hearing, the judge will enter an order of removal in absentia. In other words, the judge will order the alien deported because he failed to appear in court to defend himself. Once a person is served with the Notice to Appear he must notify the appropriate ICE office and Immigration Court of any change of address. It is very important to do this. Many aliens make the unfortunate mistake of relying on a friend to forward the mail.
If the alien misses a hearing because he fails to notify ICE of his new address, the alien will have to convince the judge to reopen his/her removal proceedings.
Third, the alien will attend the first hearing which is called a “Master Calendar Hearing.” Master Calendar Hearings are very informal.
Typically, the courtrooms are filled with other people facing deportation.
Each one will appear before the judge for no more than ten minutes. The purpose of the Master Calendar Hearing is to officially inform the alien of the reasons why ICE wants to deport him. At this point the alien is called a “Respondent” because he must respond to the Notice to Appear and convince the judge that he has a right to stay in the United States.
Every person in the United States has a right to a fair hearing. This means that each Respondent has a right to have a translator present as well as an attorney. If the Respondent does not have an attorney, he must go to the Master Calendar Hearing without an attorney.
The Immigrant court process contains four steps which we will go into in more detail below: Notice to Appear, Notice of Hearing, Master Calendar Hearing, and an Individual Hearing.
The Immigration and Customs Enforcement (ICE) is the part of the government responsible for enforcing immigration laws. If ICE determines that a person has violated immigration law, it will initiate deportation proceedings. The very first thing that ICE will do is refer the case to the Office of the Chief Counsel. The Office of the Chief Counsel prosecutes immigration cases.
The Chief Counsel will issue a Notice to Appear to the alien. A Notice to Appear is the official document used to inform the alien that ICE intends to have him or her removed from the United States. The Notice to Appear contains the allegations used to establish that the alien is no longer eligible to stay in the United States. The Notice to Appear will state the date, place, and time of the hearing. Sometimes the Notice to Appear will indicate that the date, place, and time of the hearing will be set at a later date.
Second, the Immigration Court with jurisdiction over the case will issue a Notice of Hearing. If the Chief Counsel is situated in Detroit, Michigan, the Immigration Court in Detroit has jurisdiction over the case.
The Notice of Hearing informs both the alien and the Chief Counsel of the date, place, and time of the hearing. If an alien fails to appear for his/her hearing, the judge will enter an order of removal in absentia. In other words, the judge will order the alien deported because he failed to appear in court to defend himself. Once a person is served with the Notice to Appear he must notify the appropriate ICE office and Immigration Court of any change of address. It is very important to do this. Many aliens make the unfortunate mistake of relying on a friend to forward the mail.
If the alien misses a hearing because he fails to notify ICE of his new address, the alien will have to convince the judge to reopen his/her removal proceedings.
Third, the alien will attend the first hearing which is called a “Master Calendar Hearing.” Master Calendar Hearings are very informal.
Typically, the courtrooms are filled with other people facing deportation.
Each one will appear before the judge for no more than ten minutes. The purpose of the Master Calendar Hearing is to officially inform the alien of the reasons why ICE wants to deport him. At this point the alien is called a “Respondent” because he must respond to the Notice to Appear and convince the judge that he has a right to stay in the United States.
Every person in the United States has a right to a fair hearing. This means that each Respondent has a right to have a translator present as well as an attorney. If the Respondent does not have an attorney, he must go to the Master Calendar Hearing without an attorney.
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